8 CFR § 1240.4 - Incompetent respondents.

---
identifier: "/us/cfr/t8/s1240.4"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 1240.4 - Incompetent respondents."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "1240.4"
section_name: "Incompetent respondents."
chapter_name: "EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "1240"
part_name: "PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES"
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, 1158, 1182, 1186a, 1186b, 1225, 1226, 1227, 1228, 1229a, 1229b, 1229c, 1252 note, 1361, 1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 2681)."
regulatory_source: "62 FR 10367, Mar. 6, 1997, unless otherwise noted. Redesignated in part and duplicated in part from part 240 at 68 FR 9838, 9840, Feb. 28, 2003."
cfr_part: "1240"
---


# 1240.4 Incompetent respondents.

When it is impracticable for the respondent to be present at the hearing because of mental incompetency, the attorney, legal representative, legal guardian, near relative, or friend who was served with a copy of the notice to appear shall be permitted to appear on behalf of the respondent. If such a person cannot reasonably be found or fails or refuses to appear, the custodian of the respondent shall be requested to appear on behalf of the respondent.