Hearing procedure before special inquiry officer.

CFR · 2024-01-01 · US · Title 8

(a) The hearing before the special inquiry officer shall be conducted in accordance with the following procedure: (1) The special inquiry officer shall advise the alien of the rights and privileges accorded him under the provisions of § 215.4. (2) The special inquiry officer shall enter of record: (i) A copy of the order served upon the alien temporarily preventing his departure from the United States, and (ii) a copy of the notice of hearing furnished the alien. (3) The alien shall be interrogated by the special inquiry officer as to the matters considered pertinent to the proceeding, with opportunity reserved to the alien to testify thereafter in his own behalf, if he so chooses. (4) The special inquiry officer shall present on behalf of the Government such evidence, including the testimony of witnesses and the certificates or written statements of Government officials or other persons, as may be necessary and available. In the event such certificates or statements are received in evidence, the alien may request and, in the discretion of the special inquiry officer, be given an opportunity to interrogate such officials or persons, by deposition or otherwise, at a time and place and in a manner fixed by the special inquiry officer: (5) The alien may present such additional evidence, including the testimony of witnesses, as is pertinent and available. (b) A complete verbatim transcript of the hearing, except statements made off the record shall be recorded. The alien shall be

official document · source cfr-2024 · id 8:§ 215.5