[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR246.5]

[Page 661]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 246--RESCISSION OF ADJUSTMENT OF STATUS--Table of Contents
 
Sec. 246.5  Hearing.

    (a) Service counsel. The Government shall be represented at the 
hearing by a Service counsel who shall have authority to present 
evidence, and to interrogate, examine, and cross-examine the respondent 
and other witnesses. The Service counsel is authorized to appeal from a 
decision of the immigration judge pursuant to Sec. 246.7 and to move for 
reopening or reconsideration pursuant to Sec. 3.23 of this chapter.
    (b) Opening. The immigration judge shall advise the respondent of 
the nature of the proceeding and the legal authority under which it is 
conducted; advise the respondent of his or her right to representation, 
at no expense to the Government, by counsel or representative of his or 
her own choice qualified under part 292 of this chapter and require him 
or her to state then and there whether he or she desires representation; 
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; place the respondent under oath; read the 
allegations in the notice to the respondent and explain them in 
nontechnical language, and enter the notice and respondent's answer, if 
any, as exhibits in the record.
    (c) Pleading by respondent. The immigration judge shall require the 
respondent to state for the record whether he or she admits or denies 
the allegations contained in the notice, or any of them, and whether he 
or she concedes that his or her adjustment of status should be 
rescinded. If the respondent admits all of the allegations and concedes 
that the adjustment of status in his or her case should be rescinded 
under the allegations set forth in the notice, and the immigration judge 
is satisfied that no issues of law or fact remain, he or she may 
determine that rescission as alleged has been established by the 
respondent's admissions. The allegations contained in the notice shall 
be taken as admitted when the respondent, without reasonable cause, 
fails or refuses to attend or remain in attendance at the hearing.