8 CFR 1240.4 : Aliens And Nationality (§ 1.1 To Parts 1338-1399) — (§ 1.1 To Parts 1338-1399) — Executive Office For Immigration Review, Department Of Justice (Part 1000 To Parts 1338-1399) — Immigration Regulations (§ 1101.1 To § 1292.6) — Proceedings To Determine Removability Of Aliens In The United States (§ 1240.1 To § 1240.70) — Removal Proceedings (§ 1240.1 To §§ 1240.17-1240.19) — Incompetent respondents.

When it is impracticable for the respondent to be present at the hearing because of mental incompetency, the attorney, legal representative, legal guardian, near relative, or friend who was served with a copy of the notice to appear 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.