[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: 8CFR240.2]

[Page 455]
 
                     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. 240.2  Service counsel.

    (a) Authority. Service counsel shall present on behalf of the 
government evidence material to the issues of deportability or 
inadmissibility and any other issues that may require disposition by the 
immigration judge. The duties of the Service counsel include, but are 
not limited to, the presentation of evidence and the interrogation, 
examination, and cross-examination of the respondent or other witnesses. 
Nothing contained in this subpart diminishes the authority of an 
immigration judge to conduct proceedings under this part. The Service 
counsel is authorized to appeal from a decision of the immigration judge 
pursuant to Sec. 3.38 of this chapter and to move for reopening or 
reconsideration pursuant to Sec. 3.23 of this chapter.
    (b) Assignment. In a removal proceeding, the Service shall assign an 
attorney to each case within the provisions of Sec. 240.10(d), and to 
each case in which an unrepresented respondent is incompetent or is 
under 18 years of age, and is not accompanied by a guardian, relative, 
or friend. In a case in which the removal proceeding would result in an 
order of removal, the Service shall assign an attorney to each case in 
which a respondent's nationality is in issue. A Service attorney shall 
be assigned in every case in which the Commissioner approves the 
submission of non-record information under Sec. 240.11(a)(3). In his or 
her discretion, whenever he or she deems such assignment necessary or 
advantageous, the General Counsel may assign a Service attorney to any 
other case at any stage of the proceeding.