[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: 8CFR3.25]

[Page 30]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
            Subpart C--Immigration Court--Rules of Procedure
 
Sec. 3.25  Form of the proceeding.

    (a) Waiver of presence of the parties. The Immigration Judge may, 
for good cause, and consistent with section 240(b) of the Act, waive the 
presence of the alien at a hearing when the alien is represented or when 
the alien is a minor child at least one of whose parents or whose legal 
guardian is present. When it is impracticable by reason of an alien's 
mental incompetency for the alien to be present, the presence of the 
alien may be waived provided that the alien is represented at the 
hearing by an attorney or legal representative, a near relative, legal 
guardian, or friend.
    (b) Stipulated request for order; waiver of hearing. An Immigration 
Judge may enter an order of deportation, exclusion or removal stipulated 
to by the alien (or the alien's representative) and the Service. The 
Immigration Judge may enter such an order without a hearing and in the 
absence of the parties based on a review of the charging document, the 
written stipulation, and supporting documents, if any. If the alien is 
unrepresented, the Immigration Judge must determine that the alien's 
waiver is voluntary, knowing, and intelligent. The stipulated request 
and required waivers shall be signed on behalf of the government and by 
the alien and his or her attorney or representative, if any. The 
attorney or representative shall file a Notice of Appearance in 
accordance with Sec. 3.16(b). A stipulated order shall constitute a 
conclusive determination of the alien's deportability or removability 
from the United States. The stipulation shall include:
    (1) An admission that all factual allegations contained in the 
charging document are true and correct as written;
    (2) A concession of deportability or inadmissibility as charged;
    (3) A statement that the alien makes no application for relief under 
the Act;
    (4) A designation of a country for deportation or removal under 
section 241(b)(2)(A)(i) of the Act;
    (5) A concession to the introduction of the written stipulation of 
the alien as an exhibit to the Record of Proceeding;
    (6) A statement that the alien understands the consequences of the 
stipulated request and that the alien enters the request voluntarily, 
knowingly, and intelligently;
    (7) A statement that the alien will accept a written order for his 
or her deportation, exclusion or removal as a final disposition of the 
proceedings; and
    (8) A waiver of appeal of the written order of deportation or 
removal.
    (c) Telephonic or video hearings. An Immigration Judge may conduct 
hearings through video conference to the same extent as he or she may 
conduct hearings in person. An Immigration Judge may also conduct a 
hearing through a telephone conference, but an evidentiary hearing on 
the merits may only be conducted through a telephone conference with the 
consent of the alien involved after the alien has been advised of the 
right to proceed in person or, where available, through a video 
conference, except that credible fear determinations may be reviewed by 
the Immigration Judge through a telephone conference without the consent 
of the alien.

[62 FR 10334, Mar. 6, 1997]