[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: 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]