Regulations last checked for updates: Oct 17, 2024

Title 8 - Aliens and Nationality last revised: Oct 07, 2024
§ 1240.43 - Incompetent respondents.

When it is impracticable for the respondent to be present at the hearing because of mental incompetency, the guardian, near relative, or friend who was served with a copy of the order to show cause shall be permitted to appear on behalf of the respondent. If such a person cannot reasonably be found or fails or refuses to appear, the custodian of the respondent shall be requested to appear on behalf of the respondent.

authority: 8 U.S.C. 1103,1158,1182,1186a,1186b,1225,1226,1227,1228,1229a,1229b,1229c,1252,1361,1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 2681)
source: 62 FR 10367, Mar. 6, 1997, unless otherwise noted. Redesignated in part and duplicated in part from part 240 at 68 FR 9838, 9840, Feb. 28, 2003.
cite as: 8 CFR 1240.43