[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.13]

[Page 460]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
                     Subpart A--Removal Proceedings
 
Sec. 240.13  Notice of decision.

    (a) Written decision. A written decision shall be served upon the 
respondent and the Service counsel, together with the notice referred to 
in Sec. 3.3 of this chapter. Service by mail is complete upon mailing.
    (b) Oral decision. An oral decision shall be stated by the 
immigration judge in the presence of the respondent and the Service 
counsel, if any, at the conclusion of the hearing. A copy of the summary 
written order shall be furnished at the request of the respondent or the 
Service counsel.
    (c) Summary decision. When the immigration judge renders a summary 
decision as provided in Sec. 240.12(b), he or she shall serve a copy 
thereof upon the respondent and the Service counsel at the conclusion of 
the hearing.
    (d) Decision to remove. If the immigration judge decides that the 
respondent is removable and orders the respondent to be removed, the 
immigration judge shall advise the respondent of such decision, and of 
the consequences for failure to depart under the order of removal, 
including civil and criminal penalties described at sections 274D and 
243 of the Act. Unless appeal from the decision is waived, the 
respondent shall be furnished with Form EOIR-26, Notice of Appeal, and 
advised of the provisions of Sec. 240.15.