8 CFR 1240.46
§ 1240.46 Evidence.
United States · 8 CFR — Aliens and Nationality · Status: effective
Cite this
- Citation
- 8 CFR 1240.46, § 1240.46 Evidence, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/32791
- Permanent ID
ys:prov:32791@1- SHA-256
f3d26d11009a1b7a3111fc8e60a72e0456108f591ec761682aeb26a9684ec070
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(a) Sufficiency. A determination of deportability shall not be valid unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true.
(b) Use of prior statements. The immigration judge may receive in evidence any oral or written statement that is material and relevant to any issue in the case previously made by the respondent or any other person during any investigation, examination, hearing, or trial.
(c) Testimony. Testimony of witnesses appearing at the hearing shall be under oath or affirmation administered by the immigration judge.
(d) Depositions. The immigration judge may order the taking of depositions pursuant to § 1003.35 of this chapter.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.