8 C.F.R. § 1240.9
Contents of record
The hearing before the immigration judge, including the testimony, exhibits, applications, proffers, and requests, the immigration judge's decision, and all written orders, motions, appeals, briefs, and other papers filed in the proceedings shall constitute the record in the case. The hearing shall be recorded verbatim except for statements made off the record with the permission of the immigration judge. In his or her discretion, the immigration judge may exclude from the record any arguments made in connection with motions, applications, requests, or objections, but in such event the person affected may submit a brief.
Notes of Decisions
Cited in 29
cases (4 in the last 5 years), 2005–2026 · leading case: Jacqueline Stevens v. U.S. Attorney Gen., 877 F.3d 1293 (11th Cir. 2017).
Jacqueline Stevens v. U.S. Attorney Gen., 877 F.3d 1293 (11th Cir. 2017). “§ 1229a(b)(4)(C); 8 C.F.R. § 1240.9 . In addition, immigration proceedings are governed by a statutorily-proscribed burden of proof.”
Enriquez-Gutierrez v. Holder, 612 F.3d 400 (5th Cir. 2010). “” 8 C.F.R. § 1240.9 . In this case, although the jumbled state of the record makes it difficult to be sure, it appears that the transcripts of the IJ’s 2004 oral decision and the 2004 deportation hearing were not made part of the record before the IJ in Enriquez’s removal…”
Vijendra K. Singh v Holder, 638 F.3d 1196 (9th Cir. 2011). “See 8 C.F.R. § 1240.9 (requiring all merits hearings on removal and relief to be recorded).”
Fatjon Sterkaj Amemona Sokoli-Sterkaj v. Alberto R. Gonzales, Attorney Gen., 439 F.3d 273 (6th Cir. 2006). “5 ; 8 C.F.R. § 1240.9 . Due process demands a reasonably accurate and complete transcript to allow for meaningful appellate review and to allow the alien to mount a challenge to the proceedings conducted before the IJ.”
Witjaksono v. Holder, 573 F.3d 968 (10th Cir. 2009). “of all testimony and evidence produced at the proceeding.”
Kheireddine v. Gonzales, 427 F.3d 80 (1st Cir. 2005). “” 8 C.F.R. § 1240.9 . Neither the INA nor the regulation speak of transcripts, but in practice, the BIA has generally required transcription of testimony.”
Zia v. Garland, 112 F.4th 1194 (9th Cir. 2024). “He argued the transcript was insufficient for him to review the IJ’s findings and that he was prejudiced because there was not a complete record of his testimony in violation of 8 C.F.R. § 1240.9 , which requires a verbatim record of the hearing.”
Oroh v. Holder, 561 F.3d 62 (1st Cir. 2009). “1 (e)(2), which provides that an alien is entitled to have an adequate record on which to base an appeal, and 8 C.F.R. § 1240.9 , which provides that “hearings shall be recorded verbatim except for statements made off the record with the permission of the immigration judge.”
Amadou Soumare v. Eric H. Holder, Jr., 343 F. App'x 75 (6th Cir. 2009). “§ 1229a(b)(4)(C) (“[A] complete record shall be kept of all testimony and evidence produced at the proceeding.”
Unidad Latina En Acción v. United States Dep't of Homeland Sec., 253 F.R.D. 44 (D. Conn. 2008). “” 8 C.F.R. § 1240.9 . However, it appears to the Court that disclosure of any such record requires the submission of a FOIA request.”
Sihombing v. Holder, 581 F.3d 41 (1st Cir. 2009). “” 8 C.F.R. § 1240.9 . Because of this, Sihombing maintains that these “indiscernibles” in the record constitute a due process violation.”
Dobroslav Bulatovic v. Eric H. Holder, Jr., 351 F. App'x 978 (6th Cir. 2009). “5 ; and 8 C.F.R. § 1240.9 ); see also Garza-Moreno, 489 F.”
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