[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR215.4]



[Page 386]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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.