[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR215.4]

[Page 385]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 215_CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES--Table of Contents
 
Sec.  215.4  Procedure in case of alien prevented from departing from 
the United States.

    (a) Any alien, other than an enemy alien, whose departure has been 
temporarily prevented under the provisions of Sec.  215.2, may, within 
15 days of the service upon him of the written order temporarily 
preventing his departure, request a hearing before a special inquiry 
officer. The alien's request for a hearing shall be made in writing and 
shall be addressed to the district director having administrative 
jurisdiction over the alien's place of residence. If the alien's request 
for a hearing is timely made, the district director shall schedule a 
hearing before a special inquiry officer, and notice of such hearing 
shall be given to the alien. The notice of hearing shall, as 
specifically as security considerations permit, inform the alien of the 
nature of the case against him, shall fix the time and place of the 
hearing, and shall inform the alien of his right to be represented, at 
no expense to the Government, by counsel of his own choosing.
    (b) Every alien for whom a hearing has been scheduled under 
paragraph (a) of this section shall be entitled: (1) To appear in person 
before the special inquiry officer, (2) to be represented by counsel of 
his own choice, (3) to have the opportunity to be heard and to present 
evidence, (4) to cross-examine the witnesses who appear at the hearing, 
except that if, in the course of the examination, it appears that 
further examination may divulge information of a confidential or 
security nature, the special inquiry officer may, in his discretion, 
preclude further examination of the witness with respect to such 
matters, (5) to examine any evidence in possession of the Government 
which is to be considered in the disposition of the case, provided that 
such evidence is not of a confidential or security nature the disclosure 
of which would be prejudicial to the interests of the United States, (6) 
to have the time and opportunity to produce evidence and witnesses on 
his own behalf, and (7) to reasonable continuances, upon request, for 
good cause shown.
    (c) Any special inquiry officer who is assigned to conduct the 
hearing provided for in this section shall have the authority to: (1) 
Administer oaths and affirmations, (2) present and receive evidence, (3) 
interrogate, examine, and cross examine under oath or affirmation both 
the alien and witnesses, (4) rule upon all objections to the 
introduction of evidence or motions made during the course of the 
hearing, (5) take or cause depositions to be taken, (6) issue subpoenas, 
and (7) take any further action consistent with applicable provisions of 
law, Executive orders, proclamations, and regulations.

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