[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR235.6]

[Page 420]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 235_INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents
 
Sec. 235.6  Referral to immigration judge.

    (a) Notice--(1) Referral by Form I-862, Notice to Appear. An 
immigration officer or asylum officer will sign and deliver a Form I-862 
to an alien in the following cases:
    (i) If, in accordance with the provisions of section 235(b)(2)(A) of 
the Act, the examining immigration officer detains an alien for a 
proceeding before an immigration judge under section 240 of the Act; or
    (ii) If an asylum officer determines that an alien in expedited 
removal proceedings has a credible fear of persecution or torture and 
refers the case to the immigration judge for consideration of the 
application for asylum.
    (iii) If the immigration judge determines that an alien in expedited 
removal proceedings has a credible fear of persecution or torture and 
vacates the expedited removal order issued by the asylum officer.
    (iv) If an immigration officer verifies that an alien subject to 
expedited removal under section 235(b)(1) of the Act has been admitted 
as a lawful permanent resident refugee, or asylee, or upon review 
pursuant to Sec. 235.3(b)(5)(iv) an immigration judge determines that 
the alien was once so admitted, provided that such status has not been 
terminated by final administrative action, and the Service initiates 
removal proceedings against the alien under section 240 of the Act.
    (2) Referral by Form I-863, Notice of Referral to Immigration Judge. 
An immigration officer will sign and deliver a Form I-863 to an alien in 
the following cases:
    (i) If an asylum officer determines that an alien does not have a 
credible fear of persecution or torture, and the alien requests a review 
of that determination by an immigration judge; or
    (ii) If, in accordance with section 235(b)(1)(C) of the Act, an 
immigration officer refers an expedited removal order entered on an 
alien claiming to be a lawful permanent resident, refugee, asylee, or 
U.S. citizen for whom the officer could not verify such status to an 
immigration judge for review of the order.
    (iii) If an immigration officer refers an applicant described in 
Sec. 208.2(b)(1) of this chapter to an immigration judge for an asylum 
hearing under Sec. 208.2(b)(2) of this chapter.
    (b) Certification for mental condition; medical appeal. An alien 
certified under sections 212(a)(1) and 232(b) of the Act shall be 
advised by the examining immigration officer that he or she may appeal 
to a board of medical examiners of the United States Public Health 
Service pursuant to section 232 of the Act. If such appeal is taken, the 
district director shall arrange for the convening of the medical board.

[62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999]