[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: 8CFR240.10]

[Page 459-460]
 
                     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. 240.10  Hearing.

    (a) Opening. In a removal proceeding, the immigration judge shall:
    (1) Advise the respondent of his or her right to representation, at 
no expense to the government, by counsel of his or her own choice 
authorized to practice in the proceedings and require the respondent to 
state then and there whether he or she desires representation;
    (2) Advise the respondent of the availability of free legal services 
provided by organizations and attorneys qualified under 8 CFR part 3 and 
organizations recognized pursuant to Sec. 292.2 of this chapter, located 
in the district where the removal hearing is being held;
    (3) Ascertain that the respondent has received a list of such 
programs, and a copy of appeal rights;
    (4) Advise the respondent that he or she will have a reasonable 
opportunity to examine and object to the evidence against him or her, to 
present evidence in his or her own behalf and to cross-examine witnesses 
presented by the government (but the respondent shall not be entitled to 
examine such national security information as the government may proffer 
in opposition to the respondent's admission to the United States or to 
an application by the respondent for discretionary relief);
    (5) Place the respondent under oath;
    (6) Read the factual allegations and the charges in the notice to 
appear to the respondent and explain them in non-technical language; and
    (7) Enter the notice to appear as an exhibit in the Record of 
Proceeding.
    (b) Public access to hearings. Removal hearings shall be open to the 
public, except that the immigration judge may, in his or her discretion, 
close proceedings as provided in Sec. 3.27 of this chapter.
    (c) Pleading by respondent. The immigration judge shall require the 
respondent to plead to the notice to appear by stating whether he or she 
admits or denies the factual allegations and his or her removability 
under the charges contained therein. If the respondent admits the 
factual allegations and admits his or her removability under the charges 
and the immigration judge is

[[Page 460]]

satisfied that no issues of law or fact remain, the immigration judge 
may determine that removability as charged has been established by the 
admissions of the respondent. The immigration judge shall not accept an 
admission of removability from an unrepresented respondent who is 
incompetent or under the age of 18 and is not accompanied by an attorney 
or legal representative, a near relative, legal guardian, or friend; nor 
from an officer of an institution in which a respondent is an inmate or 
patient. When, pursuant to this paragraph, the immigration judge does 
not accept an admission of removability, he or she shall direct a 
hearing on the issues.
    (d) Issues of removability. When removability is not determined 
under the provisions of paragraph (c) of this section, the immigration 
judge shall request the assignment of an Service counsel, and shall 
receive evidence as to any unresolved issues, except that no further 
evidence need be received as to any facts admitted during the pleading. 
The alien shall provide a court certified copy of a Judicial 
Recommendation Against Deportation (JRAD) to the immigration judge when 
such recommendation will be the basis of denying any charge(s) brought 
by the Service in the proceedings against the alien. No JRAD is 
effective against a charge of deportability under former section 
241(a)(11) of the Act or if the JRAD was granted on or after November 
29, 1990.
    (e) Additional charges in removal hearings. At any time during the 
proceeding, additional or substituted charges of inadmissibility and/or 
deportability and/or factual allegations may be lodged by the Service in 
writing. The alien in removal proceedings shall be served with a copy of 
these additional charges and allegations. The immigration judge shall 
read the additional factual allegations and charges to the alien and 
explain them to him or her. The immigration judge shall advise the 
alien, if he or she is not represented by counsel, that the alien may be 
so represented, and that he or she may be given a reasonable continuance 
to respond to the additional factual allegations and charges. 
Thereafter, the provision of Sec. 240.6(b) relating to pleading shall 
apply to the additional factual allegations and charges.
    (f) Country of removal. The immigration judge shall notify the alien 
that if he or she is finally ordered removed, the country of removal 
will in the first instance be directed pursuant to section 241(b) of the 
Act to the country designated by the alien, unless section 241(b)(2)(C) 
of the Act applies, and shall afford him or her an opportunity then and 
there to make such designation. The immigration judge shall then specify 
and state for the record the country, or countries in the alternative, 
to which the alien's removal will be directed pursuant to section 241(b) 
of the Act if the country of his or her designation will not accept him 
or her into its territory, or fails to furnish timely notice of 
acceptance, or if the alien declines to designate a country.
    (g) In the event that the Service is unable to remove the alien to 
the specified or alternative country or countries, the Service may 
remove the alien to any other country as permitted by section 241(b) of 
the Act.