[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.1]

[Page 457-458]
 
                     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. 240.1  Immigration judges.


    (a) Authority. (1) In any removal proceeding pursuant to section 240 
of the Act, the immigration judge shall have the authority to:
    (i) Determine removability pursuant to section 240(a)(1) of the Act; 
to make decisions, including orders of removal as provided by section 
240(c)(1)(A) of the Act;
    (ii) To determine applications under sections 208, 212(a)(2)(F), 
212(a)(6)(F)(ii), 212(a)(9)(B)(v), 212(d)(11), 212(d)(12), 212(g), 
212(h), 212(i), 212(k), 237(a)(1)(E)(iii), 237(a)(1)(H), 
237(a)(3)(C)(ii), 240A(a) and (b), 240B, 245, and 249 of the Act, 
section 202 of Pub. L. 105-100, and section 902 of Pub. L. 105-277;
    (iii) To order withholding of removal pursuant to section 241(b)(3) 
of the Act and pursuant to the Convention Against Torture; and
    (iv) To take any other action consistent with applicable law and 
regulations as may be appropriate.
    (2) In determining cases referred for further inquiry, immigration 
judges shall have the powers and authority conferred upon them by the 
Act and this chapter. Subject to any specific limitation prescribed by 
the Act and this chapter, immigration judges shall also exercise the 
discretion and authority conferred upon the Attorney General by the Act 
as is appropriate and necessary for the disposition of such cases. An 
immigration judge may certify his or her decision in any case under 
section 240 of the Act to the Board of Immigration Appeals when it 
involves an unusually complex or novel question of law or fact. Nothing 
contained in this part shall be construed to diminish the authority 
conferred on immigration judges under sections 101(b)(4) and 103 of the 
Act.
    (b) Withdrawal and substitution of immigration judges. The 
immigration judge assigned to conduct the hearing shall at any time 
withdraw if he or she deems himself or herself disqualified. If an 
immigration judge becomes unavailable to complete his or her duties, 
another immigration judge may be assigned to complete the case. The new 
immigration judge shall familiarize himself or herself with the record 
in the case and shall state for the record that he or she has done so.
    (c) Conduct of hearing. The immigration judge shall receive and 
consider material and relevant evidence, rule upon objections, and 
otherwise regulate the course of the hearing.
    (d) Withdrawal of application for admission. An immigration judge 
may allow only an arriving alien to withdraw an application for 
admission. Once the issue of inadmissibility has been resolved, 
permission to withdraw an application for admission should ordinarily be 
granted only with the concurrence of the Service. An immigration judge 
shall not allow an alien to withdraw an application for admission unless 
the alien, in addition to demonstrating that he or she possesses both 
the intent and the means to depart immediately from the United States, 
establishes that factors directly relating to the issue of 
inadmissibility indicate that the granting of the withdrawal would be in 
the interest of justice. During the pendency of an appeal from the order 
of removal, permission to withdraw an application for

[[Page 458]]

admission must be obtained from the immigration judge or the Board.

[62 FR 10367, Mar. 6, 1997; 62 FR 15363, Apr. 1, 1997, as amended at 63 
FR 27829, May 21, 1998; 64 FR 8495, Feb. 19, 1999; 64 FR 25766, May 12, 
1999]