§ 46.4. Procedure in case of alien prevented from departing from the United States.
445 words·~2 min read·
/us/cfr/t22/s§ 46.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any alien, other than an enemy alien, whose departure has been temporarily prevented under the provisions of § 46.2 may, within 15 days of the service upon him of the written order temporarily preventing his departure, request a hearing before a special inquiry officer. The alien's request for a hearing shall be made in writing and shall be addressed to the district director having administrative jurisdiction over the alien's place of residence. If the alien's request for a hearing is timely made, the district director shall schedule a hearing before a special inquiry officer, and notice of such hearing shall be given to the alien. The notice of hearing shall, as specifically as security considerations permit, inform the alien of the nature of the case against him, shall fix the time and place of the hearing, and shall inform the alien of his right to be represented, at no expense to the Government, by counsel of his own choosing.
(b)Every alien for whom a hearing has been scheduled under paragraph
(a)of this section shall be entitled
(1)to appear in person before the special inquiry officer,
(2)to be represented by counsel of his own choice,
(3)to have the opportunity to be heard and to present evidence,
(4)to cross-examine the witnesses who appear at the hearing, except that if, in the course of the examination, it appears that further examination may divulge information of a confidential or security nature, the special inquiry officer may, in his discretion, preclude further examination of the witness with respect to such matters,
(5)to examine any evidence in possession of the Government which is to be considered in the disposition of the case, provided that such evidence is not of a confidential or security nature the disclosure of which would be prejudicial to the interests of the United States,
(6)to have the time and opportunity to produce evidence and witnesses on his own behalf, and
(7)to reasonable continuances upon request, for good cause shown.
(c)Any special inquiry officer who is assigned to conduct the hearing provided for in this section shall have the authority to:
(1)Administer oaths and affirmations,
(2)present and receive evidence,
(3)interrogate, examine, and cross-examine under oath or affirmation both the alien and witnesses,
(4)rule upon all objections to the introduction of evidence or motions made during the course of the hearing,
(5)take or cause depositions to be taken,
(6)issue subpoenas, and
(7)take any further action consistent with applicable provisions of law, executive orders, proclamations, and regulations. \[22 FR 10828, Dec. 27, 1957, as amended at 27 FR 1358, Feb. 14, 1962\]