8 CFR § 1240.9 - Contents of record.

---
identifier: "/us/cfr/t8/s1240.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 1240.9 - Contents of record."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "1240.9"
section_name: "Contents of record."
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: "2026-04-05"
last_updated: "2026-04-05"
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"
---


# 1240.9 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.