\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 1240 -- PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES (Chapter I part 240 was redesigned and duplicated as chapter V, part 1240, 2/28/03; 68 FR 9824) (Part 1240 was further amended to change reference citations, 3/5/03, 68 FR 10349) (Part 240 revised effective 4/1/97, previous part 240 redesignated as part 244; 62 FR 10312) \ § 1240.41 Immigration judges.
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§ 1240.41 Immigration judges.
. In any proceeding conducted under this part the immigration judge shall have the authority to determine deportability and to make decisions, including orders of deportation, as provided by section
and 242B of the Act; to reinstate orders of deportation as provided by section 242(f) of the Act; to determine applications under sections 208, 212(k),
of the Act section
of Pub. L.
, and section
of Pub. L.
; to determine the country to which an alien's deportation will be directed in accordance with section 243(a) of the Act; to order temporary withholding of deportation pursuant to section
of the Act; and to take any other action consistent with applicable law and regulations as may be appropriate. An immigration judge may certify his or her decision in any case to the Board of Immigration Appeals when it involves an unusually complex or novel question of law or fact. Nothing contained in this part shall be construed to diminish the authority conferred on immigration judges under section
of the Act. (Amended effective 6/22/98;
63 FR 27823
) (Corrected 7/21/98;
63 FR 39121
) (Amended effective 6/11/99;
64 FR 25756
Withdrawal and substitution of immigration judges
. The immigration judge assigned to conduct the hearing shall at any time withdraw if he or she deems himself or herself disqualified. 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