8 C.F.R. § 246.3
Allegations contested or denied; hearing requested
If, within the prescribed time following service of the notice pursuant to § 246.1, the respondent has filed an answer which contests or denies any allegation in the notice, or a hearing is requested, a hearing pursuant to § 246.5 shall be conducted by an immigration judge, and the requirements contained in §§ 240.3, 240.4, 240.5, 240.6, 240.7, and 240.9 of this chapter shall be followed.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1966–2026 · leading case: Estrada v. Holder, 604 F.3d 402 (7th Cir. 2010).
Estrada v. Holder, 604 F.3d 402 (7th Cir. 2010). “See 8 C.F.R. § 246.3 . But the immigration agency never heard from Cueto Estrada, and in 1996 the INS rescinded his peramanentresident status without a hearing as permitted by 8 C.”
Devera, 16 I. & N. Dec. 266 (BIA 1977). “See 8 C.F.R. 246.3 and 242.14(c). (2) The affidavit of the respondent's spouse was admissible under S C.”
Moshe Gottesman v. U.S. Immigr. & Naturalization Serv., 33 F.3d 383 (4th Cir. 1994). “Holland was not fraudulent, and a request for a hearing pursuant to 8 C.F.R. § 246.3 . The INS did not grant that hearing, however, and subsequently issued an order charging Gottesman with deportability under § 241(a)(2) of the Immigration and Nationality Act, 8 U.”
Ali v. Reno, 829 F. Supp. 1415 (S.D.N.Y. 1993). “shall be conducted by a special inquiry officer____” 8 C.F.R. § 246.3 . The plain language of these regulations reveals that they were intended to provide aliens with notice of their right to have assistance of counsel in preparing an answer to the charges and a right to have a…”
Rodriguez-esteban, 20 I. & N. Dec. 88 (BIA 1989). “On this basis, the respondent maintains that the district director's decision rescinding his permanent resident status was invalid for lack of jurisdiction pursuant to 8 C.F.R. § 246.3 (1980), that he remains in lawful status, and that he is eligible for relief from deportation…”
Tayabji, 19 I. & N. Dec. 264 (BIA 1985). “See 8 C.F.R. § 246.3 (1985). The rescission hear- ing commenced on October 7, 1981, and was concluded on February 2, 1982.”
Baria v. Reno, 94 F.3d 1335 (9th Cir. 1996). “started deportation proceedings against Baria but terminated them because the district director concluded upon further review that Baria’s answer to the notice of intent to rescind entitled Baria to a hearing under 8 C.F.R. § 246.3 . C. Rescission Hearing and Appeal In December…”
Onal, 18 I. & N. Dec. 147 (BIA 1981). “' The respondent filed a timely answer contesting the allegations contained in the "Notice," whereupon, under 8 C.F.R. 246.3, a rescission hearing was subsequently held with the immigration judge concluding that the respondent's adjustment of status to permanent resident shoilir.”
Dzandu v. Gonzales, 126 F. App'x 354 (9th Cir. 2005). “” 8 C.F.R. § 246.3 (emphasis added). Mrs. Dzandu’s answer both disputed the notice’s allegations and requested a hearing before an IJ.”
Argyros, 11 I. & N. Dec. 585 (BIA 1966). “illing to make a sworn statement and whether she• understood that any statement was to be made freely and voluntarily aQ1 might be used by the Government as evidence in any proceeding, such pre- liminary sworn statement by the alien was made voluntarily and not under duress; is…”
Jin, 29 I. & N. Dec. 441 (BIA 2026). “See 8 C.F.R. §§ 246.3 , 246.5, 1246.3, 1246.5 (2026).”
Ayala v. United States Citizenship & Immigr. Servs., 216 F. Supp. 3d 1073 (E.D. Cal. 2016). “2; 8 C.F.R. § 246.3 . The five year statutory window for rescinding [Plaintiffs] LPR status has now passed.”
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