28 CFR § 68.5 Rules of Practice and Procedure for Immigration-Related Administrative Hearings Before OCAHO Administrative Law Judges

§ 68.5 Notice of date, time, and place of hearing.

Current through Sep 21, 2026 · Read all of Part 68

(a) Generally. The Administrative Law Judge to whom the case is assigned shall notify the parties of a date, time, and place set for hearing thereon or for a prehearing conference, or both.

(b) Place of hearing. In cases under sections 274A and 274C of the INA, pursuant to sections 274A(e)(3)(B) and 274C(d)(2)(B) of the INA, hearings shall be held at the nearest practicable place to the place where the person or entity resides or to the place where the alleged violation occurred. In section 274B cases and in IMBRA cases, pursuant to 5 U.S.C. 554, due regard will be given to the convenience of the parties and the witnesses in selecting a place for a hearing within the United States. Hearings under sections 274A, 274B, and 274C of the INA, and in IMBRA cases, may be conducted by video teleconference.

[54 FR 48596, Nov. 24, 1989. Redesignated and amended by Order No. 1534-91, 56 FR 50053, 50054, Oct. 3, 1991; Order No. 1635-92, 57 FR 57672, Dec. 7, 1992; Dir. Order No. 04-2026, 91 FR 9996, Mar. 2, 2026; Dir. Order No. 08-2026, 91 FR 51582, Aug. 11, 2026]

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