---
kind: "section"
citation: "8 C.F.R. § 1240.43"
title: "8"
number: "1240.43"
heading: "Incompetent respondents."
url: "https://uscodex.org/cfr/8/1240.43"
---

# §1240.43. Incompetent respondents.


When it is impracticable for the respondent to be present at the hearing because of mental incompetency, the guardian, near relative, or friend who was served with a copy of the order to show cause shall be permitted to appear on behalf of the respondent. If such a person cannot reasonably be found or fails or refuses to appear, the custodian of the respondent shall be requested to appear on behalf of the respondent.


## Notes

### Authority

Authority: 8 U.S.C. 1101 note, 1103, 1158, 1182, 1186a, 1186b, 1225, 1226, 1227, 1228, 1229a, 1229b, 1229c, 1252 note, 1255 note, 1361, 1362, 1801, 1802, 1808, 1812.

### Source

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.