[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1246.1]

[Page 1126]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1246_RESCISSION OF ADJUSTMENT OF STATUS--Table of Contents
 
Sec. 1246.1  Notice.

Sec.
1246.1 Notice.
1246.2 Allegations admitted; no answer filed; no hearing requested.
1246.3 Allegations contested or denied; hearing requested.
1246.4 Immigration judge's authority; withdrawal and substitution.
1246.5 Hearing.
1246.6 Decision and order.
1246.7 Appeals.
1246.8 [Reserved]
1246.9 Surrender of Form I-551.

    Authority: Authority: 8 U.S.C. 1103, 1254, 1255, 1256, 1259; 8 CFR 
part 2.

    Source: 62 FR 10385, Mar. 6, 1997, unless otherwise noted. 
Duplicated from part 246 at 68 FR 9842, Feb. 28, 2003.

    Editorial Note: Nomenclature changes to part 1246 appear at 68 FR 
9846, Feb. 28, 2003, and 68 FR 10359, Mar. 5, 2003.


    If it appears to a district director that a person residing in his 
or her district was not in fact eligible for the adjustment of status 
made in his or her case, or it appears to an asylum office director that 
a person granted adjustment of status by an asylum officer pursuant to 8 
CFR 1240.70 was not in fact eligible for adjustment of status, a 
proceeding shall be commenced by the personal service upon such person 
of a notice of intent to rescind, which shall inform him or her of the 
allegations upon which it is intended to rescind the adjustment of his 
or her status. In such a proceeding the person shall be known as the 
respondent. The notice shall also inform the respondent that he or she 
may submit, within thirty days from the date of service of the notice, 
an answer in writing under oath setting forth reasons why such 
rescission shall not be made, and that he or she may, within such 
period, request a hearing before an immigration judge in support of, or 
in lieu of, his or her written answer. The respondent shall further be 
informed that he or she may have the assistance of or be represented by 
counsel or representative of his or her choice qualified under part 292 
of this chapter, at no expense to the Government, in the preparation of 
his or her answer or in connection with his or her hearing, and that he 
or she may present such evidence in his or her behalf as may be relevant 
to the rescission.

[62 FR 10385, Mar. 6, 1997, as amended at 64 FR 27881, May 21, 1999]