(a) Any alien, other than an enemy alien whose departure has been temporarily prevented under the provision of 41.0502 of this chapter , may, within 15 days of the service upon him/her of the written order temporarily preventing departure, request a hearing before the board. The alien's request for hearing shall be made in writing and shall be addressed to the chair of the board. If the alien's request for hearing is timely made, the immigration officer shall schedule a hearing for the board, and notice of such hearing shall be given to the alien. Notice of hearing shall, as specifically as security considerations permit, inform the alien of the nature of the case against him/her, shall fix the time and place of the hearing, and shall inform the alien of his/her right to be represented, at no expense to the government, by counsel of his/her own choosing.
(b) Every alien for whom a hearing has been scheduled under subsection (a) of this section shall be entitled:
(1) to appear in person before the immigration board ;
(2) to be represented by counsel of his/her own choice at no expense to the government;
(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, a witness may divulge information of a confidential or security nature, the board may, in its 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 interest of the United States;
(6) to have the time and opportunity to produce evidence and witnesses on his/her own behalf; and
(7) to reasonable continuances upon request for good cause shown.
(c) The board 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 a hearing;
(5) take or cause depositions to be taken;
(6) issues subpoenas;
(7) take any further action consistent with applicable provisions of law, executive orders, and rules.History: Rule 3-86, eff 7 Dec 86.