8 CFR § 1246.3 - Allegations contested or denied; hearing requested.
---
identifier: "/us/cfr/t8/s1246.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 1246.3 - Allegations contested or denied; hearing requested."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "1246.3"
section_name: "Allegations contested or denied; hearing requested."
chapter_name: "EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "1246"
part_name: "RESCISSION OF ADJUSTMENT OF STATUS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "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. Duplicated from part 246 at 68 FR 9842, Feb. 28, 2003."
cfr_part: "1246"
---
# 1246.3 Allegations contested or denied; hearing requested.
If, within the prescribed time following service of the notice pursuant to § 1246.1, the respondent has filed an answer which contests or denies any allegation in the notice, or a hearing is requested, a hearing pursuant to § 1246.5 shall be conducted by an immigration judge, and the requirements contained in §§ 1240.3, 1240.4, 1240.5, 1240.6, 1240.7, and 1240.9 of this chapter shall be followed.