[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: 8CFR246.4]

[Page 598-599]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 246_RESCISSION OF ADJUSTMENT OF STATUS--Table of Contents
 
Sec. 246.4  Immigration judge's authority; withdrawal and substitution.

    In any proceeding conducted under this part, the immigration judge 
shall have authority to interrogate, examine, and cross-examine the 
respondent and other witnesses, to present and receive evidence, to 
determine whether adjustment of status shall be rescinded, to make 
decisions thereon, including an appropriate order, and to take any other 
action consistent with applicable provisions of law and regulations as 
may be appropriate to the disposition of the case. Nothing contained in 
this part shall be construed to diminish the authority conferred on 
immigration judges by the Act. The immigration judge assigned to conduct 
a hearing shall, at any time, withdraw if he or she deems himself or 
herself disqualified. If a hearing has begun but no evidence has been 
adduced other than the notice and answer, if any, pursuant

[[Page 599]]

to Sec. Sec. 246.1 and 246.2, or if an immigration judge becomes 
unavailable to complete his or her duties within a reasonable time, or 
if at any time the respondent consents to a substitution, another 
immigration judge may be assigned to complete the case. The new 
immigration judge shall familiarize himself or herself with the record 
in the case and shall state for the record that he or she is familiar 
with the record in the case.