8 CFR § 246.4 - Immigration judge's authority; withdrawal and substitution.

---
identifier: "/us/cfr/t8/s246.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 246.4 - Immigration judge's authority; withdrawal and substitution."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "246.4"
section_name: "Immigration judge's authority; withdrawal and substitution."
chapter_name: "DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "246"
part_name: "RESCISSION OF ADJUSTMENT OF STATUS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1103, 1254, 1255, 1256, 1259; 8 CFR part 2."
regulatory_source: "62 FR 10385, Mar. 6, 1997, unless otherwise noted."
cfr_part: "246"
---


# 246.4 Immigration judge's authority; withdrawal and substitution.

In any proceeding conducted under this part, the immigration judge shall have authority to interrogate, examine, and cross-examine the respondent and other witnesses, to present and receive evidence, to determine whether adjustment of status shall be rescinded, to make decisions thereon, including an appropriate order, and to take any other action consistent with applicable provisions of law and regulations as may be appropriate to the disposition of the case. Nothing contained in this part shall be construed to diminish the authority conferred on immigration judges by the Act. The immigration judge assigned to conduct a hearing shall, at any time, withdraw if he or she deems himself or herself disqualified. If a hearing has begun but no evidence has been adduced other than the notice and answer, if any, pursuant to §§ 246.1 and 246.2, or 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 the case and shall state for the record that he or she is familiar with the record in the case.