[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: 8CFR240.46]

[Page 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. 240.46  Evidence.

    (a) Sufficiency. A determination of deportability shall not be valid 
unless it is found by clear, unequivocal, and convincing evidence that 
the facts alleged as grounds for deportation are true.
    (b) Use of prior statements. The immigration judge may receive in 
evidence any oral or written statement that is material and relevant to 
any issue in the case previously made by the respondent or any other 
person during any investigation, examination, hearing, or trial.
    (c) Testimony. Testimony of witnesses appearing at the hearing shall 
be under oath or affirmation administered by the immigration judge.
    (d) Depositions. The immigration judge may order the taking of 
depositions pursuant to Sec. 3.35 of this chapter.