[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: 8CFR246.4]



[Page 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determine whether adjustment of status shall be rescinded, to make 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 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.