4.6 - Form of the Proceedings

An immigration judge may conduct removal hearings:

• in person
• by video conference
• by telephone conference, except that evidentiary hearings on the merits may only be held by telephone if the respondent consents after being notified of the right to proceed in person or by video conference

          See INA § 240(b)(2), 8 C.F.R. § 1003.25(c). See also Chapter 4.7 (Hearings by Video or Telephone Conference).

          Upon the request of the respondent or the respondent’s practitioner of record, the immigration judge has the authority to waive the appearance of the respondent and/or the respondent’s practitioner of record at specific hearings in removal proceedings.  See 8 C.F.R. § 1003.25(a).  See also Chapter 4.15(m) (Waivers of Appearances).