8 C.F.R. § 236.2
Confined aliens, incompetents, and minors
(a) Service. If the respondent is confined, or if he or she is an incompetent, or a minor under the age of 14, the notice to appear, and the warrant of arrest, if issued, shall be served in the manner prescribed in § 239.1 of this chapter upon the person or persons specified by 8 CFR 103.8(c).
(b) Service custody and cost of maintenance. An alien confined because of physical or mental disability in an institution or hospital shall not be accepted into physical custody by the Service until an order of removal has been entered and the Service is ready to remove the alien. When such an alien is an inmate of a public or private institution at the time of the commencement of the removal proceedings, expenses for the maintenance of the alien shall not be incurred by the Government until he or she is taken into physical custody by the Service.
Notes of Decisions
Cited in 51
cases (1 in the last 5 years), 1969–2025 · leading case: Landon v. Plasencia, 459 U.S. 21 (1982).
Landon v. Plasencia, 459 U.S. 21 (1982). “8 CFR § 236.2 (a) (1975). The Attorney General has since revised the regulations to require that, when qualified free legal services are available, the immigration law judge must inform the alien of their existence and ask whether representation is desired.”
Seanlim Yith v. Kirstjen Nielsen, 881 F.3d 1155 (9th Cir. 2018). “See 8 C.F.R. § 236.2 (a) (“[T]he notice to appear, and the warrant of arrest, if issued, shall be served in the manner prescribed .”
C.J.L.G., a Juv. Male v. Jefferson Sessions, 880 F.3d 1122 (9th Cir. 2018). “3d at 1157 ; see also 8 C.F.R. §§ 236.2 (a), 1236.3; and, more generally, (vi) the right to a “full and fair hearing,” which includes the “opportunity to present evidence and testimony on one’s behalf,” cross-examine witnesses, and examine and object to adverse evidence, Oshodi…”
Joseph Bertrand v. Charles Sava, Laissez-Moi Vigile v. Charles Sava, 684 F.2d 204 (2d Cir. 1982). “§§ 1225 ,1226 and 8 C.F.R. § 236.2 ) and their applications for political asylum (pursuant to 8 U.”
Llanos-Fernandez v. Mukasey, 535 F.3d 79 (2d Cir. 2008). “” 8 C.F.R. § 236.2 (a). Section 103.5a(c)(2)(ii), in turn, states that “in the case of a minor under 14 years of age, service shall be made upon the person with whom .”
Marie Lucie Jean, Lucien Louis, Cross-Appellants, State of Florida, Intervenor-Appellant v. Alan C. Nelson, Cross-Appellees, 711 F.2d 1455 (11th Cir. 1983). “See generally 8 C.F.R. § 236.2 (hearing procedures); Gordon § 3.”
Marincas v. Lewis, 92 F.3d 195 (3rd Cir. 1996). “8 C.F.R. § 236.2 (a). At the hearing before the immigration judge, the applicant has the right to present evidence and witnesses on his own behalf, 8 C.”
Toro, 17 I. & N. Dec. 340 (BIA 1980). “" In addition, 8 C.F.R. 236.2 delineates the rights and procedures to be followed in exclusion proceedings in terms very similar to those in deportation proceedings.”
Dori Zardui-Quintana v. Louis M. Richard, 768 F.2d 1213 (11th Cir. 1985). “§ 1226 (a) (1982) and 8 C.F.R. § 236.2 (1985) the immigration judge conducts a formal hearing, including the presentation of evidence and testimony under oath.”
Gonzalez Ex Rel. Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000). “”) (emphasis added); 8 C.F.R. § 236.2 (a) (“If the respondent is confined, or if he or she is an incompetent, or a minor under the age of Ik, the notice to appear, and the warrant of arrest, if issued, shall be served in the manner prescribed in § 239.”
Louis v. Meissner, 532 F. Supp. 881 (S.D. Fla. 1982). “§ 1362 , the Due Process Clause of the Fifth Amendment, and the United Nations Convention and Protocol Relating to the Status of Refugees (“Protocol”); (4) that Defendants denied Petitioners, and on information and belief threaten to deny Plaintiffs, access to counsel in…”
Sabino v. Reno, 8 F. Supp. 2d 622 (S.D. Tex. 1998). “See 8 C.F.R. § 236.2 (a) (directing immigration judge to inform alien that he has the right to present evidence on his own behalf and to cross-examine witnesses).”
— 8 C.F.R. § 236.2(a) — 2 cases
Molaire v. Smith, 743 F. Supp. 839 (S.D. Fla. 1990).
Samuel (D. Minnesota 2025).
— 8 C.F.R. § 236.2(b) — 3 cases
Toro, 17 I. & N. Dec. 340 (BIA 1980). “" In addition, 8 C.F.R. 236.2 delineates the rights and procedures to be followed in exclusion proceedings in terms very similar to those in deportation proceedings.”
Alphonse, 18 I. & N. Dec. 178 (BIA 1981).
Wadas, 17 I. & N. Dec. 346 (BIA 1980).
— 8 C.F.R. § 236.2(e) — 1 case
Cruz, 16 I. & N. Dec. 463 (BIA 1977).
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