[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: 8CFR240.41]

[Page 472-473]
 
                     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 E--Proceedings to Determine Deportability of Aliens in the 
 United States: Hearing and Appeal (for Proceedings Commenced Prior to 
                             April 1, 1997)
 
Sec. 240.41  Immigration judges.

    (a) Authority. In any proceeding conducted under this part the 
immigration judge shall have the authority to determine deportability 
and to make decisions, including orders of deportation, as provided by 
section 242(b) and 242B of the Act; to reinstate orders of deportation 
as provided by section 242(f) of the Act; to determine applications 
under sections 208, 212(k), 241(a)(1)(E)(iii), 241(a)(1)(H), 244, 245 
and 249 of the Act, section 202 of Pub. L. 105-100, and section 902 of 
Pub. L. 105-277; to determine the country to which an alien's 
deportation will be directed in accordance with section 243(a) of the 
Act; to order temporary withholding of deportation pursuant to section 
243(h) of the Act; and to take any other action consistent with 
applicable law and regulations as may be appropriate. An immigration 
judge may certify his or her decision in any case to the Board of 
Immigration Appeals when it involves an unusually complex or novel 
question of law or fact. Nothing contained

[[Page 473]]

in this part shall be construed to diminish the authority conferred on 
immigration judges under section 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 
within a reasonable time, or if at any time the respondent consents to a 
substitution, 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.

[62 FR 10367, Mar. 6, 1997, as amended at 63 FR 27829, May 21, 1998; 63 
FR 39121, July 21, 1998; 64 FR 25767, May 12, 1999]