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Aliens and Nationality; Homeland Security; Reorganization of Regulations

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Start Preamble Start Printed Page 9824

AGENCY:

Department of Justice.

ACTION:

Final rule.

SUMMARY:

The Homeland Security Act of 2002, as amended, transfers the functions of the Immigration and Naturalization Service to the Department of Homeland Security. The Homeland Security Act of 2002, as amended, retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review and other functions related to immigration that are indigenous to the functions of the Attorney General. These changes require reorganization of title 8 of the Code of Federal Regulations. This final rule reflects the transfer of functions of the Immigration and Naturalization Service through the division of jurisdiction over regulations currently codified in 8 CFR chapter I, by establishing a new chapter V in 8 CFR, by transferring or duplicating certain parts and sections to the new chapter V and to 28 CFR chapter I, and by making other amendments as are necessary to continue existing authorities after the transfer of functions to the Department of Homeland Security on March 1, 2003.

DATES:

This rule is effective on February 28, 2003.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Executive Office for Immigration Review: Chuck Adkins-Blanch, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041, telephone (703) 305-0470; Civil Division: Thomas W. Hussey, Director, Office of Immigration Litigation, United States Department of Justice, 950 Pennsylvania Ave. NW., Washington, DC 20530, telephone (202) 616-4852.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Background

The Homeland Security Act of 2002, as amended (“HSA”), transfers the functions of the Immigration and Naturalization Service (“Service” or “INS”) to the Department of Homeland Security (“DHS”). Pub. L. 107-296, tit. IV, subtits. D, E, F, 116 Stat. 2135, 2192 (Nov. 25, 2002), as amended (“HSA”). The HSA retains in the Department of Justice, under the direction of the Attorney General, the functions of the Executive Office for Immigration Review (“EOIR”). HSA, 116 Stat. at 2273. This rule reflects that transfer through the division of jurisdiction over regulations currently codified in 8 CFR Chapter I.

EOIR was created by the Attorney General in 1983 to combine the functions of immigration judges and the Board of Immigration Appeals into a single administrative component of the Department of Justice under the Attorney General. 48 FR 8038 (Feb. 25, 1983). The Office of the Chief Administrative Hearing Officer (“OCAHO”) and its administrative law judges were added to EOIR in 1987. 52 FR 44971 (Nov. 24, 1987). This administrative structure separated the administrative adjudication functions from the enforcement and service functions of the INS, both for administrative efficiency and to foster independent judgment in adjudication. However, because both INS and EOIR were elements of the Department of Justice, the regulations affecting these components were included in the same chapter. The Attorney General, as the head of the Department, amended regulations affecting both components in a coordinated manner. The enactment of the Homeland Security Act of 2002, and its transfer of functions to the Department of Homeland Security, now requires that the INS regulations and the EOIR regulations be placed in separate chapters.

As explained more fully below, this final rule transfers certain parts that relate to the jurisdiction and procedures of EOIR to a new chapter V, i.e. administrative review provisions. This rule duplicates certain parts and sections of the regulations that relate to proceedings before both the INS and EOIR in both chapter I and chapter V, respectively, i.e., shared provisions. The rule also makes a number of technical amendments to both chapters I and V to ensure that the authorities existing in the INS and EOIR prior to the transfer of functions of the INS to the Department of Homeland Security continue in effect after March 1, 2003.

A. Homeland Security Act of 2002 Division of Jurisdiction and Continuing Relationship

The HSA transfers the enforcement, services, and administrative functions of the INS to the Department of Homeland Security. HSA §§ 441, 451, 455, 456. In addition, the HSA abolishes the INS. HSA § 471. The new structure for immigration enforcement, services and shared services is more fully explained by the HSA, the President's Reorganization Plan under HSA § 1512, and amendments thereto.[1] For the purposes of this rule, and to provide the Secretary of Homeland Security maximum flexibility in the further division of immigration regulations between components of the Department of Homeland Security, if he deems appropriate, this rule makes no changes in the immigration regulations for functions that are being transferred to DHS other than those necessary to effectuate the division of regulations between the functions being transferred to DHS and the functions being retained in the Department of Justice. For purposes of simplicity, this rule continues to refer to the transferred functions as functions held by the INS.

Section 103(g) of the Immigration and Nationality Act, as amended by section 1102 of the HSA provides:

(1) In General. The Attorney General shall have such authorities and functions under this Act and all other laws relating to the immigration and naturalization of aliens as were exercised by the Executive Office for Immigration Review, or by the Attorney General with respect to the Executive Office for Immigration Review, on the day before the effective date [of the Act].

(2) Powers. The Attorney General shall establish such regulations, prescribe such forms of bond, reports, entries, and other papers, issue such instructions, review such administrative determinations in immigration proceedings, delegate such authority, and perform such other acts as the Attorney General determines to be necessary for carrying out this section.

The final rule creates, a new chapter V within 8 CFR and moves the relevant functions to that chapter. The rule also makes other necessary conforming amendments.

After this rule makes the necessary division of regulations within title 8 CFR to reflect the transfer of INS authorities, the Secretary of DHS can Start Printed Page 9825make substantive changes to INS rules; the Attorney General can make substantive changes to EOIR rules, and the Secretary and the Attorney General can consult each other when contemplating changes in those rules that affect both EOIR and INS.

B. General Comments

The rule makes no substantive change in the regulations. The rule is a technical rule dividing the regulations for purposes of the transfer of authorities under the HSA. For the ease of public understanding, the structure of chapter V has been created in parallel to the existing structure of chapter I. Accordingly, for example, in asylum proceedings before immigration judges, applicable provisions of chapter I, part 208 (e.g., 8 CFR 208.15(a)) are established in parallel in chapter V, part 1208 (e.g., 8 CFR 1208.15(a)). In creating this parallel structure, the Attorney General is attempting to provide as simple a format as possible for all to understand the legal effect of the transfer, while minimizing the confusion that might occur in practice before the Service and EOIR. Under this technical restructuring, incorrect citation to a regulation that has been transferred into Chapter V will be considered inconsequential. Similarly, until EOIR updates its forms, the references to sections of chapter I should be considered to be references to chapter V, as appropriate.

The rule transfers those parts and sections that deal with procedures before the immigration judges and Board of Immigration Appeals to chapter V. This transfer permits future amendment of the rules without unnecessary conflict with provisions relating to the INS. Similarly, the elimination of those provisions from chapter I that deal with proceedings before EOIR permits the amendment of the substantive regulations of the Service by the Department of Homeland Security without unnecessary conflict with the Attorney General's regulations for EOIR.

The rule duplicates a number of parts and sections that affect both the Service and EOIR, such as the asylum regulations. These provisions necessarily require coordination between the INS and EOIR. The Department of Justice has been guided by the principles of the HSA in duplicating only those provisions that directly affect the authority of EOIR, but has also necessarily duplicated some provisions that affect INS until a further and more detailed division can be accomplished in consultation with the Department of Homeland Security. In this sense, the rule is interim in nature in that further division and elimination of a substantial number of sections is expected in the near future. The inclusion of a section in this duplication process should be understood as a temporary measure to ensure continuity, not as a permanent disposition of authority in the Department of Justice.

The rule also makes a number of specific technical amendments to continue existing authority that cannot be made by simply moving or duplicating sections. For example, the precedent decisions of the Board of Immigration Appeals and the INS are published in Administrative Decisions under the Immigration and Nationality Laws of the United States, cited as “I&N Dec.” However, there is no rule that currently provides for the publication of Service decisions outside of 8 CFR 103.3, and that provision is incomplete. Accordingly, a provision has been added to chapter I, part 1, providing for the determination of precedent decisions within the Department of Homeland Security and publication of such decisions by EOIR in Administrative Decisions under the Immigration and Nationality Laws of the United States.

C. Parts and Sections Affecting EOIR Moved

Part 3, and almost all of part 240, are moved to chapter V because these provisions directly affect only the Executive Office for Immigration Review and proceedings before EOIR. A more general revision of these separated provisions is contemplated in the future to further refine the adjudicatory process, but this rule makes no substantive change in jurisdiction or procedure.

D. Parts and Sections Affecting INS and EOIR Duplicated

A larger number of parts and sections that are currently in chapter I are duplicated in chapter V because they establish processes that are common to both the INS and EOIR. In some cases, for convenience, an entire part has been moved because substantial portions effect common procedure, even though particular sections may affect only the INS or only EOIR. A concerted decision has been made to carry forward the duplication of entire parts to ensure continuity, even though the Attorney General and the Secretary may later amend their respective regulations to further separate the procedures and clarify those sections that affect each agency. It is not manageable at this time to detail a complete paragraph-by-paragraph jurisdictional split between INS and EOIR, and the duplication assures that interpretation will be consistent until coordinated decisions are made respecting these procedures. Thus, for example, part 208, relating to asylum and related forms of relief, is duplicated in part 1208, even though specific subsections relate only with procedure before INS and other subsections relate only to procedure before EOIR. Further disposition of these sections will be made in future rulemaking.

E. Specific Technical Amendments

A number of technical amendments are required to effect a proper division of the authorities from chapter I. In certain instances, new sections must be written, and in others cross-references are required. This is particularly true where only one section or paragraph refers to processes within EOIR, but otherwise the part or section refers only to processes of INS. For example, a number of INS processes result in a decision on an application that may be renewed before an immigration judge or an appeal taken to the Board of Immigration Appeals. Where the part or section is otherwise entirely within the scope of the functions transferred to DHS, only a technical amendment may be necessary to provide for the appeal with the appropriate cross-reference. The major technical changes—which go beyond these cross-references—and the continuity that these changes provide are described below.

Existing 8 CFR § 3.1(g) provides that precedent decisions of the Board of Immigration Appeals and the Attorney General are binding on all Service officers. This historical specification was made by the Attorney General in the course of his overall management of the Service. However, because of the transfer of functions of the Service to the Department of Homeland Security, it is necessary to specify this result in the ongoing regulations of the Service, as well as EOIR. The provision of § 3.1(g) is, therefore, duplicated in chapter I, part 1, § 103.37(g). This restatement of the binding effect of precedent decisions effectuates the clear intent of the Congress in section 1101(2) of the HSA, as amended, amending section 103 of the Immigration and Nationality Act, 8 U.S.C. 1103, by adding subsection (g), and in transferring the Service to DHS while leaving the immigration adjudicatory functions of EOIR under the Attorney General.

Moreover, it is necessary to clarify that the Secretary of Homeland Security may refer cases or questions of law to the Attorney General for decision at any time, both generally, and pursuant to Start Printed Page 9826the proviso of section 103(a)(1) of the Act, 8 U.S.C. 1103(a)(1), relating to the Attorney General's resolution of legal issues. At the same time, the Attorney General has specified the reservation of the parallel authority to refer cases to himself for decision at any time.

Similarly, the authority to publish precedential decisions of the Service in Administrative Decisions under the Immigration and Nationality Laws of the United States is set forth in new 8 CFR §§ 103.37 and 1003.1(i). New § 103.37 is added to ensure that the Secretary of Homeland Security can continue to publish appropriate precedent decisions. See, e.g., Matter of Safetran, 20 I&N Dec. 49 (Comm. 1989).

The fees that are charged for applications for relief filed with the INS are also collected in conjunction with applications filed with the immigration judges and, on occasion, on motions to reopen before the Board of Immigration Appeals. A specific authorization is included in chapter V, referencing the fees charged by the Service for these applications. A separate table is not developed within EOIR for the simple reason that the INS must recalculate the fees periodically to conform them to the actual costs, as more fully explained in each of the fee change regulations. Rather than coordinate each change, in a situation in which EOIR does not have an interest in the substance of the fee calculation, but only in the actual fee imposed, it makes more sense to reference the fees charged by the Service as established in 8 CFR 103.7. This provision does not alter the filing fee for appeals and motions before the Board of Immigration Appeals.

Finally, some specific provisions are moved or not moved, duplicated or not duplicated, because that process provides the simplest means of effecting the division of the regulations without substantive effect. For example, part 240 of chapter I is moved to part 1240 of chapter V, with the exception of § 240.25, which deals with the Service's authority to grant voluntary departure. Similarly, § 240.21 and Subpart H are duplicated because these provisions affect both INS and EOIR.

F. Summary of the Changes From 8 CFR Chapter I to Chapter V

Set out below are general descriptions of the sets of changes in chapter I to chapter V and the rationale for each set of changes.

Part 1—Definitions, is duplicated in part 1001, because the same definitions apply to INS and EOIR.

Part 3—Executive Office for Immigration Review, is transferred to part 1003, because this part is the organic regulation for EOIR. Additionally, provisions have been added to clarify certification procedures and the authority of the Secretary of Homeland Security to designate specific officials to certify cases and questions of law to the Attorney General pursuant to redesignated 8 CFR 1003.1(h). These provisions are provided in parallel for the Department of Homeland Security in a new section of part 3. Finally, savings provisions are added to part 103 and part 1003 to clarify that the jurisdiction and procedures in effect on February 28, 2003, continue in effect after the transition on March 1, 2003.

Part 101—Presumption of lawful admission, is duplicated as part 1101, because it establishes a necessary presumption under the Act for both INS and EOIR.

Part 103—Powers and duties of service officers; availability of service records, is partially duplicated and is amended in several sections to ensure that the existing practices of EOIR are not changed through the transfer of functions.

Part 205—Revocation of approval of petitions, is duplicated as part 1205 because the revocation of petitions involves substantial appeals to the Board of Immigration Appeals and the provisions intermingle the jurisdiction and procedures before the Board of Immigration Appeals with the substantive provisions for revocation of approval of petitions.

Part 207—Admission of refugees, is duplicated in part in part 1207. Only § 207.3 necessarily involves procedure before the Executive Office for Immigration Review and this is the only section that is duplicated.

Part 208—Proceedings for asylum and withholding of removal, is duplicated in part 1208 because these provisions relate to both INS and EOIR and are so interrelated that no simple division of jurisdiction is possible. The Department of Justice expects that further division will be accomplished by the Department of Homeland Security and the Department of Justice at a later time.

Part 209—Adjustment of status of refugees and aliens granted asylum, is duplicated as part 1209. For the most part, adjustment of status is accomplished administratively by INS, but provisions that are affected by EOIR are intermingled in this part.

Part 211—Documentary requirements; immigrants; waivers, is duplicated in part in part 1211. The only section that is duplicated is § 211.4, Waiver of documents of returning residents, and this section is duplicated because the section contains the predicate jurisdiction of immigration judges to consider an renewed application in proceedings.

Part 212—Documentary requirements: nonimmigrants: waivers; admission of certain inadmissible aliens; parole, is duplicated in part 1212 because these provisions relate to both INS and EOIR and are so interrelated that no simple division of jurisdiction is possible. Part 212 provides the predicates and standards for proceedings to exclude aliens from the United States.

Part 214—Nonimmigrant classes, is duplicated in part in part 1214, because the specific duplicated provisions provide the jurisdictional predicates for review of certain waiver applications by immigration judges.

Part 215—Controls of aliens departing from the United States, is duplicated in part 1215. Although these provisions have been rarely used, they include a number of jurisdictional predicates for review of administrative decisions by an immigration judge, called a special inquiry officer in these sections. These regulations are joint regulations with the Secretary of State, see 22 CFR part 46, and may require further refinement in the future.

Part 216—Conditional basis of lawful permanent residence status, is duplicated in part 1216. This part contains both the administrative and adjudicatory process for revoking the conditional basis for lawful permanent residence based upon marriage.

Part 235—Inspection of persons applying for admission, is duplicated in part 1235 because nearly all of the provisions of this part affect bond hearings before immigration judges.

Part 236—Apprehension and detention of inadmissible and deportable aliens, removal of aliens ordered removed, is duplicated in part in part 1236. Subpart A relates to the determinations of inadmissibility and deportability of aliens and is duplicated in part 1236. Subpart B of part 236, however, relates to the INS Family Unity Program, which does not relate to EOIR processes. Accordingly, Subpart B is not duplicated, although it may be interpreted in appropriate proceedings.

Part 238—Expedited removal of aggravated felons, is duplicated in part 1238 because the expedited removal under this part can be converted to ordinary removal proceedings before an immigration judge under part 240, and initiated proceedings under part 240 may, upon approval of the immigration judge, be terminated and the INS may then file expedited removal proceedings under part 238.

Part 239—Initiation of removal proceedings, is duplicated as part 1239 because the initiation of proceedings Start Printed Page 9827before immigration judges is a detailed mix of authority of service officers to initiate and file charges before an immigration judge.

Part 240—Proceedings to determine removability of aliens in the United States, is largely transferred to part 1240, as proceedings before immigration judges. However, 8 CFR 240.25, which is the INS authority for voluntary departure, is not transferred. Furthermore, 8 CFR 240.21, and subpart H, are duplicated in new part 1240 because these provisions affect both the INS and EOIR. The Department expects, as in many other cases, a further division of these parts will be effected by further regulatory actions by the Department of Homeland Security and the Department of Justice.

Part 241—Apprehension and detention of aliens ordered removed, is duplicated in part 1241 because the finality and implementation of final orders of removal issued by immigration judges and the Board of Immigration Appeals regularly involve the authority of EOIR and interpretation of these regulations by both the INS and EOIR. In particular, changes in the bonding and surrender process currently under consideration will require changes in the authority of both EOIR and the successor agencies of INS within DHS.

Part 244—Temporary protected status for national of designated states, is duplicated in part 1244 because many of the decisions under temporary protected status are made by immigration judges and the Board of Immigration Appeals. Sections 244.1, 244.7, 244.11, and 244.18 all refer to immigration judges' decisional authority. Section 244.20 has a unique fee waiver provisions that also implicates administration and proceedings before EOIR. This duplication will require further refinement to clarify the authority of Secretary of Homeland Security to designate countries for temporary protected status purposes and the duplication should not be viewed as any indication that the Department of Justice is involved in those future decisions. The duplication is necessary at this time to ensure continuity and will be subject to further adjustment by the Department of Homeland Security and the Department of Justice.

Part 245—Adjustment of status to that of person admitted for permanent residence, is duplicated in part 1245 because jurisdiction is intermingled throughout the part. See Matter of Artigas, 23 I&N Dec. 99 (BIA 2001). Further refinement of the division of authority and detailed technical amendments will be required in the future.

Part 246—Rescission of adjustment of status, is duplicated in part 1246 because the part provides the comprehensive procedure before both the Service and EOIR for the rescission of adjustment of status to lawful permanent residence.

Part 249—Creation of records of lawful admission for permanent residence, is duplicated in part 1249 because this part includes both the Service and EOIR procedures for registry of lawful permanent residence. Although the statutory requirements for registry limit the number of cases that arise under this part, the division of authority requires further detailed analysis.

Part 270—Penalties for document fraud, is duplicated in part 1270 because this part sets forth the procedures for document fraud cases before both the Service and the administrative law judges of EOIR. See also 28 CFR Part 68.

Part 274a—Control of employment of aliens, is duplicated as part 1274a because it contains substantial definitional and procedural material relevant to both the INS and the Special Counsel for Immigration-Related Unfair Employment Practices of the Civil Rights Division of the Department of Justice under 28 CFR 0.53, as well as the predicates to administrative proceedings before administrative law judges in EOIR.

Part 280—Imposition and collection of fines, is duplicated in part 1280 because this part is interpreted by the Board of Immigration Appeals in fines appeals. Substantial portions of this duplicated part will ultimately be removed as the jurisdiction of such fines is ultimately transferred from the Board of Immigration Appeals to the administrative law judges of EOIR as previously proposed in other rulemaking. 67 FR 7309 (Feb. 22, 2002).

Part 287—Field officers; powers and duties, is duplicated in part in part 1287 because several discrete provisions of this part provide the underpinnings for specific authority of immigration judges. In particular, the subpoena authority of § 287.4 provides the mechanism for subpoenas before immigration judges. Certification of official records before an immigration judge is provided in § 287.6.

Several sections of part 287 that are not amended or duplicated implicate other authorities of the Attorney General as the United States' prosecutor, including § 287.5 delegations of authority to the Deputy Attorney General to approve the expansion of criminal law enforcement authority in certain areas. That provision, in particular, relates to the Attorney General's inherent authority to manage the criminal law enforcement community, and the delegations that he has made to the Deputy Attorney General to manage the Department. 28 CFR 0.15(a). As with the past practice of the Department, changes in these criminal law enforcement powers are governed by executive branch policies that include review and recommendations from the Criminal Division, through the Deputy Attorney General, to the Attorney General for final determination regarding agencies outside the Department of Justice. The unique regulatory authority in part 287 is the product of statutory requirements in section 287(a)(4) of the Immigration and Nationality Act, 8 U.S.C. 1357(a)(4), as amended by 503(a) of the Immigration Act of 1990, Pub. L. No. 101-690, 104 Stat. 4978 (Nov. 29, 1990). These provisions will require further coordination between the Department of Homeland Security and the Department of Justice.

Part 292—Representation and appearances, is duplicated in part 1292 because representation of aliens before INS and EOIR has historically been considered as a single process and will continue to be so considered for the foreseeable future.

Part 299—Immigration forms, is not duplicated, but is referred to in new part 1299. EOIR will continue to utilize INS forms for most purposes, such as to establish a basis for asylum, adjustment of status, etc. There is no need to create new forms to replicate the forms that are already in use. By the same token, however, there are a number of forms that provide information that is useful to immigration judges in adjudicating cases, and, therefore, the Director of EOIR is authorized to designate the version of the forms to be used.

Part 337—Oath of allegiance, is duplicated in part 1337 only because it involves the authority of immigration judges to administer the oath of citizenship in naturalization ceremonies, and related authorities.

Part 507—Alien terrorist removal procedures, is moved to newly created 28 CFR part 200, to reflect the operational functions of the Office for Immigration Litigation within the Civil Division, which is delegated authority to represent the United States before the Alien Terrorist Removal Court, and the fact that this process is not administrative in nature, but judicial, before Article III judges designated by the Chief Justice of the United States. The sole provision in this part refers to the Attorney General's authority to make a final determination of eligibility Start Printed Page 9828for relief from a judicial order of removal from the Alien Terrorist Removal Court on the grounds that such post-judicial removal would violate the Convention Against Torture.

H. Changes Deferred

A number of changes will need to be made in the future, but are not made at this time. For example, part 215, concerning departure control, refers to “special inquiry officers” instead of immigration judges. This is not uncommon in the older provisions of 8 CFR that have not been amended since 1987. Amendments to this particular part require the concurrence of the Secretary of State because this part is a parallel to 22 CFR part 46. Rather than attempt to conform two separate parts, neither of which will remain within the jurisdiction of the Attorney General, this commonly understood term—a historical anomaly that predates the creation of EOIR and means “immigration judge”—is left in place until such time as the Secretary of State and the Secretary of Homeland Security determine to change the substantive regulations, at which time they, and the Attorney General, will make this necessary but only technical adjustment.

I. Cross-References

The Department will publish in the very near future a table of changes of cross-references in parts of chapter V to other parts of chapter V, and other conforming technical changes.

Administrative Procedure Act

The Department of Justice finds that good cause exists for adopting this rule as a final rule and without public notice and comment under 5 U.S.C. 553 because this rule only makes technical amendments to the organization, procedures, and practices of the Department of Justice to improve the organization of the regulations of the Department of Justice and reflects the transfer of functions contemplated by the Homeland Security Act of 2002. Similarly, because this final rule makes changes in internal delegations and procedures, and is a recodification of existing regulations, this final rule is not subject to the effective date limitation of 5 U.S.C. 553(d).

Regulatory Flexibility Act

Because no notice of proposed rule-making is required for this rule under the Administrative Procedure Act (5 U.S.C. 553), the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.

Paperwork Reduction Act

The provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule because there are no new or revised record keeping or reporting requirements.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

Executive Order 12866

This rule has been drafted and reviewed in accordance with Executive Order 12866, section 1(b), Principles of Regulation. The Department has determined that this rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review.

Executive Order 13132

This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, the Department of Justice has determined that this rule does not have sufficient federalism implications to warrant a federalism summary impact statement.

Executive Order 12988

This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform.

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List of Subjects

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Authority and Issuance

Start Amendment Part

For the reasons set forth in the preamble, the Department of Justice amends titles 8 and 28 of the Code of Federal Regulations as follows:

End Amendment Part

TITLE 8—ALIENS AND NATIONALITY

CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE

Subchapter A—General Provisions

Subchapter B—Immigration Regulations

Subchapter C—Nationality Regulations

Start Amendment Part

1. Amend title 8 CFR by establishing chapter V and its related subchapters to read as set forth above.

End Amendment Part

Chapter I, Subchapter A

Start Part

PART 1—[DUPLICATED AS CHAPTER V, PART 1001]

Chapter V, Subchapter A

End Part Start Part

PART 1001—DEFINITIONS

End Part Start Amendment Part

2. All sections in part 1 are duplicated in part 1001, as set out in the following table:

End Amendment Part
Part 1HeadingIs duplicated in Part 1001 as
§ 1.1Definitions§ 1001.1
Start Amendment Part

2a. The authority citation for newly designated part 1001 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101; 8 CFR part 2.

End Authority

Chapter I, Subchapter A

Start Part

PART 3—[REDESIGNATED AS PART 1003]

End Part Start Amendment Part

3. Transfer

End Amendment Part

Chapter V, Subchapter A

Start Part

PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

End Part Start Amendment Part

4. All sections of the newly redesignated part 1003 are set forth in the following table:

End Amendment Part
Part 3HeadingIs transferred and designated as Part 1003
§ 3.0Executive Office for Immigration Review§ 1003.0
Subpart A
§ 3.1Organization, jurisdiction, and powers of the Board of Immigration Appeals§ 1003.1
§ 3.2Reopening or reconsideration before the Board of Immigration Appeals§ 1003.2
§ 3.3Notice of Appeal§ 1003.3
§ 3.4Withdrawal of appeal§ 1003.4
§ 3.5Forwarding of record on appeal§ 1003.5
§ 3.6Stay of execution of decision§ 1003.6
§ 3.7Notice of Certification§ 1003.7
§ 3.8Fees§ 1003.8
Subpart B
§ 3.9Chief Immigration Judge§ 1003.9
§ 3.10Immigration Judges§ 1003.10
§ 3.11Administrative control Immigration Courts§ 1003.11
Subpart C
§ 3.12Scope of rules§ 1003.12
§ 3.13Definitions§ 1003.13
§ 3.14Jurisdiction and commencement of proceedings§ 1003.14
§ 3.15Contents of the order to show cause and notice to appear and notification of change of address§ 1003.15
§ 3.16Representation§ 1003.16
§ 3.17Appearances§ 1003.17
§ 3.18Scheduling of cases§ 1003.18
§ 3.19Custody/bond§ 1003.19
§ 3.20Change of venue§ 1003.20
§ 3.21Pre-hearing conferences and statement§ 1003.21
§ 3.22Interpreters§ 1003.22
§ 3.23Reopening or reconsideration before the Immigration Court§ 1003.23
§ 3.24Fees pertaining to matters within the jurisdiction of the Immigration Judge§ 1003.24
§ 3.25Form of the proceeding§ 1003.25
§ 3.26In absentia hearings§ 1003.26
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§ 3.27Public access to hearings§ 1003.27
§ 3.28Recording equipment§ 1003.28
§ 3.29Continuances§ 1003.29
§ 3.30Additional charges in deportation or removal hearings§ 1003.30
§ 3.31Filing documents and applications§ 1003.31
§ 3.32Service and size of documents§ 1003.32
§ 3.33Translation of documents§ 1003.33
§ 3.34Testimony§ 1003.34
§ 3.35Depositions and subpoenas§ 1003.35
§ 3.36Record of proceeding§ 1003.36
§ 3.37Decisions§ 1003.37
§ 3.38Appeals§ 1003.38
§ 3.39Finality of decision§ 1003.39
§ 3.40Local operating procedures§ 1003.40
§ 3.41Evidence of criminal conviction§ 1003.41
§ 3.42Review of credible fear determination§ 1003.42
§ 3.43Motions to reopen for suspension of deportation and cancellation of removal pursuant to section 203(c) of NACARA and section 1505(c) of the LIFE Act Amendments§ 1003.43
§ 3.44Motion to reopen to apply for section 212(c) relief for certain aliens in deportation proceedings before April 24, 1996§ 1003.44
§ 3.46Protective orders, sealed submissions in Immigration Courts§ 1003.46
Subpart D—Reserved
Subpart E
§ 3.61List§ 1003.61
§ 3.62Qualifications§ 1003.62
§ 3.63Applications§ 1003.63
§ 3.64Approval and denial of applications§ 1003.64
§ 3.65Removal of an organization or attorney from list§ 1003.65
Subpart F—Reserved
Subpart G
§ 3.101General provisions§ 1003.101
§ 3.102Grounds§ 1003.102
§ 3.103Immediate suspension and summary disciplinary proceedings; duty of practitioner to notify EOIR of conviction or discipline§ 1003.103
§ 3.104Filing of complaints; preliminary inquires; resolutions; referral of complaints§ 1003.104
§ 3.105Notice of Intent to Discipline§ 1003.105
§ 3.106Hearing and disposition§ 1003.106
§ 3.107Reinstatement after expulsion or suspension§ 1003.107
§ 3.108Confidentiality§ 1003.108
§ 3.109Discipline of government attorneys§ 1003.109
Start Amendment Part

4a. The authority citation for the newly redesignated part 1003 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301; 8 U.S.C. 1101 note, 1103, 1252 note, 1252b, 1324b, 1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR, 1949-1953 Comp., p. 1002; section 203 of Pub. L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L. 106-386; 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328.

End Authority Start Amendment Part

5. A new

End Amendment Part Start Part

PART 3—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

Start Authority

Authority: 5 U.S.C. 301; 8 U.S.C. 1101 note, 1103, 1252 note, 1252b, 1324b, 1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR, 1949-1953 Comp., p. 1002; section 203 of Pub. L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L. 106-386; 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328.

End Authority End Part
Executive Office for Immigration Review

Regulations of the Executive Office for Immigration Review relating to the adjudication of immigration matters before immigration judges (referred to in some regulations as special inquiry officers) and the Board of Immigration Appeals are located in 8 CFR chapter V, part 1003.

Start Part

PART 1003—[FURTHER AMENDED]

End Part Start Amendment Part

6. Section 1003.1 is amended by revising paragraphs (g) and (h) and adding paragraphs (i) through (j) to read as follows:

End Amendment Part
Organization, jurisdiction, and powers of the Board of Immigration Appeals.
* * * * *

(g) Decisions as precedents. Except as Board decisions may be modified or overruled by the Board or the Attorney General, decisions of the Board, and Start Printed Page 9832decisions of the Attorney General, shall be binding on all officers and employees of the Department of Homeland Security or immigration judges in the administration of the immigration laws of the United States. By majority vote of the permanent Board members, selected decisions of the Board rendered by a three-member panel or by the Board en banc may be designated to serve as precedents in all proceedings involving the same issue or issues. Selected decisions designated by the Board, decisions of the Attorney General, and decisions of the Secretary of Homeland Security to the extent authorized in paragraph (i) of this section, shall serve as precedents in all proceedings involving the same issue or issues.

(h) Referral of cases to the Attorney General. (1) The Board shall refer to the Attorney General for review of its decision all cases that:

(i) The Attorney General directs the Board to refer to him.

(ii) The Chairman or a majority of the Board believes should be referred to the Attorney General for review.

(iii) The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, refers to the Attorney General for review.

(2) In any case the Attorney General decides, the Attorney General's decision shall be stated in writing and shall be transmitted to the Board or Secretary, as appropriate, for transmittal and service as provided in paragraph (f) of this section.

(i) Publication of Secretary's precedent decisions. The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, may file with the Attorney General decisions relating to the administration of the immigration laws of the United States for publication as precedent in future proceedings, and, upon approval of the Attorney General as to the lawfulness of such decision, the Director of the Executive Office for Immigration Review shall cause such decisions to be published in the same manner as decisions of the Board and the Attorney General.

(j) Continuation of jurisdiction and procedure. The jurisdiction of, and procedures before, the Board of Immigration Appeals in exclusion, deportation, removal, rescission, asylum-only, and any other proceedings, shall remain in effect as in effect on February 28, 2003, until the regulations in this chapter are further modified by the Attorney General. Where a decision of an officer of the Immigration and Naturalization Service was, before March 1, 2003, appealable to the Board or to an immigration judge, or an application denied could be renewed in proceedings before an immigration judge, the same authority and procedures shall be followed until further modified by the Attorney General.

Start Amendment Part

7. Section 1003.14 is amended by adding a new paragraph (d) to read as follows:

End Amendment Part
Jurisdiction and commencement of proceedings.
* * * * *

(d) The jurisdiction of, and procedures before, immigration judges in exclusion, deportation and removal, rescission, asylum-only, and any other proceedings shall remain in effect as it was in effect on February 28, 2003, until the regulations in this chapter are further modified by the Attorney General. Where a decision of an officer of the Immigration and Naturalization Service was, before March 1, 2003, appealable to the Board or an immigration judge, or an application denied could be renewed in proceedings before an immigration judge, the same authority and procedures shall be followed until further modified by the Attorney General.

Chapter I, Subchapter B

Start Part

PART 101—[DUPLICATED AS CHAPTER V, PART 1101]

Chapter V, Subchapter B

End Part Start Part

PART 1101—PRESUMPTION OF LAWFUL ADMISSION

End Part Start Amendment Part

8. All the sections in part 101 are duplicated in a new part 1101 in 8 CFR chapter V, subchapter B, as set forth in the following table:

End Amendment Part
Part 101HeadingIs duplicated as Part 1101
§ 101.1Presumption of lawful admission§ 1101.1
§ 101.2Presumption of lawful admission; entry under erroneous name or other errors§ 1101.2
§ 101.3Creation of record of lawful permanent resident status for person born under diplomatic status in the United States§ 1101.3
§ 101.4Registration procedure§ 1101.4
§ 101.5Special immigrant status for certain G-4 nonimmigrants§ 1101.5
Start Amendment Part

8a. The authority citation newly duplicated part 1101 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 8 CFR part 2.

End Authority Start Part

PART 103—POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF SERVICE RECORDS

End Part Start Amendment Part

9. The authority citation for part 103 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

End Authority Start Amendment Part

10. Amend § 103.3 by removing from paragraph (c) “§ 3.1(g) of this chapter,” and adding in its place “§ 1003.1(g) of chapter V,” and by adding at the beginning of paragraph (c) a new sentence to read as follows:

End Amendment Part
Denials, appeals, and precedent decisions.
* * * * *

(c) Service precedent decisions. The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, may file with the Attorney General decisions relating to the administration of the immigration laws of the United States for publication as precedent in future proceedings, and upon approval of the Attorney General as to the lawfulness of such decision, the Director of the Executive Office for Immigration Review shall cause such decisions to be published in the same manner as decisions of the Board and the Attorney General. * * *

Start Amendment Part

11. Add § 103.37 to read as follows:

End Amendment Part
Precedent decisions.

(a) Proceedings before the immigration judges, the Board of Immigration Appeals and the Attorney Start Printed Page 9833General are governed by part 1003 of 8 CFR chapter V.

(b)-(f) [Reserved.]

(g) Decisions as precedents. Except as Board decisions may be modified or overruled by the Board or the Attorney General, decisions of the Board, and decisions of the Attorney General, shall be binding on all officers and employees of the Department of Homeland Security or immigration judges in the administration of the immigration laws of the United States. By majority vote of the permanent Board members, selected decisions of the Board rendered by a three-member panel or by the Board en banc may be designated to serve as precedents in all proceedings involving the same issue or issues. Selected decisions designated by the Board, decisions of the Attorney General, and decisions of the Secretary of Homeland Security to the extent authorized in paragraph (i) of this section, shall serve as precedents in all proceedings involving the same issue or issues.

(h) Referral of cases to the Attorney General. (1) The Board shall refer to the Attorney General for review of its decision all cases which:

(i) The Attorney General directs the Board to refer to him.

(ii) The Chairman or a majority of the Board believes should be referred to the Attorney General for review.

(iii) The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, refers to the Attorney General for review.

(2) In any case the Attorney General decides, the Attorney General's decision shall be stated in writing and shall be transmitted to the Board or Secretary, as appropriate, for transmittal and service as provided in paragraph (f) of this section.

(i) Publication of Secretary's precedent decisions. The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, may file with the Attorney General Service precedent decisions as set forth in § 103.3(c).

Chapter I, Subchapter B

Start Part

PART 103—[DUPLICATED IN PART AS PART 1103]

Chapter V, Subchapter B

End Part Start Part

PART 1103—APPEALS, RECORDS, AND FEES

End Part Start Amendment Part

12. Sections 103.3, 103.4 and 103.7 of part 103 are duplicated in part 1103 and redesignated as set forth in the following table:

End Amendment Part
Part 103HeadingIs duplicated as Part 1103
§ 103.3Denials, appeals, and precedent decisions§ 1103.3
§ 103.4Certifications§ 1103.4
§ 103.7Fees§ 1103.7
Start Amendment Part

12a. The authority citation for newly duplicated part 1103 is revised to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; 28 U.S.C. 509, 510.

End Authority

Chapter V, Subchapter B

Start Amendment Part

13. Add part 1204 to read as follows:

End Amendment Part Start Part

PART 1204—IMMIGRANT PETITIONS

Start Authority

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a, 1255, 1641; 8 CFR part 2.

End Authority End Part
Single level of appellate review.

The decision of the Board of Immigration Appeals concerning the denial of a relative visa petition under 8 CFR chapter I, part 204 because the petitioner failed to establish eligibility for the bona fide marriage exemption contained in that part will constitute the single level of appellate review established by statute.

Start Part

PART 205—[DUPLICATED AS PART 1205]

Chapter V, Subchapter B

End Part Start Part

PART 1205—REVOCATION OF APPROVAL OF PETITIONS

End Part Start Amendment Part

14. All sections in part 205 are duplicated in part 1205, as set out in the following table:

End Amendment Part
Part 205HeadingIs duplicated as Part 1205
§ 205.1Automatic Revocation§ 1205.1
§ 205.2Revocation on notice§ 1205.2
Start Amendment Part

14a. The authority citation for newly designated part 1205 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1155, 1182, and 1186a.

End Authority

Chapter I, Subchapter B

Start Part

PART 207—[DUPLICATED IN PART AS PART 1207]

Chapter V, Subchapter B

End Part Start Part

PART 1207—ADMISSION OF REFUGEES

End Part Start Amendment Part

15. Section 207.3 is duplicated in part 1207 of chapter V, subchapter B of 8 CFR, as section 1207.3.

End Amendment Part Start Amendment Part

15a. The authority citation for newly designated part 1207 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1159, 1182; 8 CFR part 2.

End Authority Start Printed Page 9834

Chapter I, Subchapter B

Start Part

PART 208—[DUPLICATED AS PART 1208]

Chapter V, Subchapter B

End Part Start Part

PART 1208—PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

End Part Start Amendment Part

16. All sections in part 208 are duplicated in part 1208, as set out in the following table:

End Amendment Part
Part 208HeadingIs duplicated as Part 1208
Subpart A
§ 208.1General§ 1208.1
§ 208.2Jurisdiction§ 1208.2
§ 208.3Form of application§ 1208.3
§ 208.4Filing the application§ 1208.4
§ 208.5Special duties toward aliens in custody of the Service§ 1208.5
§ 208.6Disclosure to third parties§ 1208.6
§ 208.7Employment authorization§ 1208.7
§ 208.8Limitations on travel outside the United States§ 1208.8
§ 208.9Procedure for interview before an asylum officer§ 1208.9
§ 208.10Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprint processing§ 1208.10
§ 208.11Comments from the Department of State§ 1208.11
§ 208.12Reliance on information compiled by other sources§ 1208.12
§ 208.13Establishing asylum eligibility§ 1208.13
§ 208.14Approval, denial, referral, or dismissal of application§ 1208.14
§ 208.15Definition of “firm resettlement”§ 1208.15
§ 208.16Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture§ 1208.16
§ 208.17Deferral of removal under the Convention Against Torture§ 1208.17
§ 208.18Implementation of the Convention Against Torture§ 1208.18
§ 208.19Decisions§ 1208.19
§ 208.20Determining if an asylum application is frivolous§ 1208.20
§ 208.21Admission of the asylee's spouse and children§ 1208.21
§ 208.22Effect on exclusion, deportation, and removal proceedings§ 1208.22
§ 208.23Restoration of status§ 1208.23
§ 208.24Termination of asylum or withholding of removal or deportation§ 1208.24
§ 208.25Reserved§ 1208.25
§ 208.26Reserved§ 1208.26
§ 208.27Reserved§ 1208.27
§ 208.28Reserved§ 1208.28
§ 208.29Reserved§ 1208.29
Subpart B
§ 208.30Credible fear determinations involving stowaways and applicants for admission found inadmissible pursuant to section 212(a)(6)(C) or 212(a)(7) of the Act§ 1208.30
§ 208.31Reasonable fear of persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of the Act§ 1208.31
Start Printed Page 9835 Start Amendment Part

16a. The authority citation for newly duplicated part 1208 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 209—[DUPLICATED AS PART 1209]

Chapter V, Subchapter B

End Part Start Part

PART 1209—ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

End Part Start Amendment Part

17. All sections in part 209 are duplicated in part 1209, as set out in the following table:

End Amendment Part
Part 209HeadingIs duplicated as Part 1209
§ 209.1Adjustment of status of refugees§ 1209.1
§ 209.2Adjustment of status of alien granted asylum§ 1209.2
Start Amendment Part

17a. The authority citation for newly designated part 1209 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 8 CFR part 2.

End Authority Start Part

PART 211—[DUPLICATED IN PART AS PART 1211]

Chapter V, Subchapter B

End Part Start Part

PART 1211—DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS

End Part Start Amendment Part

18. Section 211.4 is duplicated in part 1211, as section 1211.4.

End Amendment Part Start Amendment Part

18a. The authority citation for newly designated part 1211 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 CFR part 2.

End Authority Start Part

PART 212—[DUPLICATED AS PART 1212]

Chapter V, Subchapter B

End Part Start Part

PART 1212—DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

End Part Start Amendment Part

19. All sections in part 212 are duplicated in part 1212, as set out in the following table:

End Amendment Part
Part 212HeadingIs duplicated as Part 1212
§ 212.1Documentary requirements for nonimmigrants§ 1212.1
§ 212.2Consent to reapply for admission after deportation, removal or departure at Government expense§ 1212.2
§ 212.3Application for the exercise of discretion under section 212(c)§ 1212.3
§ 212.4Application for the exercise of discretion under section 212(d)(1) and 212(d)(3)§ 1212.4
§ 212.5Parole of aliens into the United States§ 1212.5
§ 212.6Border crossing identification cards§ 1212.6
§ 212.7Waiver of certain grounds of inadmissibility§ 1212.7
§ 212.8Certification requirement of section 212(a)(14)§ 1212.8
§ 212.9Applicability of section 212(a)(32) to certain derivative third and sixth preference and nonpreference immigrants§ 1212.9
§ 212.10Section 212(k) waiver§ 1212.10
§ 212.11Controlled substance convictions§ 1212.11
§ 212.12Parole determinations and revocations respecting Mariel Cubans§ 1212.12
§ 212.13[Reserved]§ 1212.13
§ 212.14Parole determinations for alien witnesses and informants for whom a law enforcement authority (“LEA”) will request S classification§ 1212.14
§ 212.15Certificates for foreign health care workers§ 1212.15
§ 212.16Applications for exercise of discretion relating to T nonimmigrant status§ 1212.16
Start Amendment Part

19a. The authority citation for newly designated part 1212 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1225, 1226, 1227, 1228; 8 CFR part 2.

End Authority

Chapter V, Subchapter B

Start Amendment Part

20. Add part 1214 to chapter V to read as follows:

End Amendment Part Start Part

PART 1214—REVIEW OF NONIMMIGRANT CLASSES

1214.1
Review of requirements for admission, extension, and maintenance of status.
1214.2
Review of alien victims of severe forms of trafficking in persons; aliens in pending immigration proceedings.
1214.3
Certain spouses and children of lawful permanent residents; aliens in proceedings; V visas.
Start Authority

Start Printed Page 9836 Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901, note, and 1931 note, respectively; 8 CFR part 2.

End Authority End Part
Review of requirements for admission, extension, and maintenance of status.

Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United States, shall establish that he or she is admissible to the United States, or that any ground of inadmissibility has been waived under section 212(d)(3) of the Act. Upon application for admission, the alien shall present a valid passport and valid visa unless either or both documents have been waived. However, an alien applying for extension of stay shall present a passport only if requested to do so by the Service. The passport of an alien applying for admission shall be valid for a minimum of six months from the expiration date of the contemplated period of stay, unless otherwise provided in this chapter, and the alien shall agree to abide by the terms and conditions of his or her admission. The passport of an alien applying for extension of stay shall be valid at the time of application for extension, unless otherwise provided in this chapter, and the alien shall agree to maintain the validity of his or her passport and to abide by all the terms and conditions of his extension. The alien shall also agree to depart the United States at the expiration of his or her authorized period of admission or extension, or upon abandonment of his or her authorized nonimmigrant status. At the time a nonimmigrant alien applies for admission or extension of stay he or she shall post a bond on Form I-352 in the sum of not less than $500, to insure the maintenance of his or her nonimmigrant status and departure from the United States, if required to do so by the director, immigration judge or Board of Immigration Appeals.

Review of alien victims of severe forms of trafficking in persons; aliens in pending immigration proceedings.

(a) Applications for T visas while in proceedings. Individuals who believe they are victims of severe forms of trafficking in persons and who are in pending immigration proceedings must inform the Service if they intend to apply for T nonimmigrant status under this section. With the concurrence of Service counsel, a victim of a severe form of trafficking in persons in proceedings before an immigration judge or the Board of Immigration Appeals may request that the proceedings be administratively closed (or that a motion to reopen or motion to reconsider be indefinitely continued) in order to allow the alien to pursue an application for T nonimmigrant status with the Service. If the alien appears eligible for T nonimmigrant status, the immigration judge or the Board, whichever has jurisdiction, may grant such a request to administratively close the proceeding or continue a motion to reopen or motion to reconsider indefinitely. In the event the Service finds an alien ineligible for T-1 nonimmigrant status, the Service may recommence proceedings that have been administratively closed by filing a motion to re-calendar with the immigration court or a motion to reinstate with the Board. If the alien is in Service custody pending the completion of immigration proceedings, the Service may continue to detain the alien until a decision has been rendered on the application. An alien who is in custody and requests bond or a bond redetermination will be governed by the provisions of part 236 of this chapter.

(b) Stay of final order of exclusion, deportation, or removal. A determination by the Service that an application for T-1 nonimmigrant status is bona fide automatically stays the execution of any final order of exclusion, deportation, or removal. This stay shall remain in effect until there is a final decision on the T application. The filing of an application for T nonimmigrant status does not stay the execution of a final order unless the Service has determined that the application is bona fide. Neither an immigration judge nor the Board of Immigration Appeals has jurisdiction to adjudicate an application for a stay of execution, deportation, or removal order, on the basis of the filing of an application for T nonimmigrant status.

Certain spouses and children of lawful permanent residents; aliens in proceedings; V visas.

An alien who is already in immigration proceedings and believes that he or she may have become eligible to apply for V nonimmigrant status should request before the immigration judge or the Board of Immigration Appeals, as appropriate, that the proceedings be administratively closed (or before the Board that a previously-filed motion for reopening or reconsideration be indefinitely continued) in order to allow the alien to pursue an application for V nonimmigrant status with the Service. If the alien appears eligible for V nonimmigrant status, the immigration judge or the Board, whichever has jurisdiction, shall administratively close the proceeding or continue the motion indefinitely. In the event that the Service finds an alien eligible for V nonimmigrant status, the Service can adjudicate the change of status under this section. In the event that the Service finds an alien ineligible for V nonimmigrant status, the Service shall recommence proceedings by filing a motion to re-calendar.

Chapter I, Subchapter B

Start Part

PART 215—[DUPLICATED AS PART 1215]

Chapter V, Subchapter B

End Part Start Part

PART 1215—CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES

End Part Start Amendment Part

21. All sections in part 215 are duplicated in part 1215, as set out in the following table:

End Amendment Part
Part 215HeadingIs duplicated as Part 1215
§ 215.1Definitions§ 1215.1
§ 215.2Authority of departure-control officer to prevent alien's departure from the United States§ 1215.2
§ 215.3Alien whose departure is deemed prejudicial to the interests of the United States§ 1215.3
§ 215.4Procedure in case of alien prevented from departing from the United States§ 1215.4
§ 215.5Hearing procedure before special inquiry officer§ 1215.5
§ 215.6Departure from the Canal Zone, the Trust Territory of the Pacific Islands, or outlying possessions of the United States§ 1215.6
§ 215.7Instructions from the Administrator required in certain cases§ 1215.7
Start Printed Page 9837 Start Amendment Part

21a. The authority citation for newly designated part 1215 continues to read as follows:

End Amendment Part Start Authority

Authority: Sec. 104, 66 Stat. 174, Proc. 3004, 18 FR 489; 8 U.S.C. 1104, 3 CFR, 1953 Supp. Interpret or apply sec. 215, 66 Stat. 190; (8 U.S.C. 1185).

End Authority

Chapter I, Subchapter B

Start Part

PART 216—[DUPLICATED AS PART 1216]

Chapter V, Subchapter B

End Part Start Part

PART 1216—CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

End Part Start Amendment Part

22. All sections in part 216 are duplicated in part 1216, as set out in the following table:

End Amendment Part
Part 216HeadingIs duplicated as Part 1216
§ 216.1Definitions of conditional permanent resident§ 1216.1
§ 216.2Notification requirements§ 1216.2
§ 216.3Termination of conditional resident status§ 1216.3
§ 216.4Joint petition to remove conditional basis of lawful permanent resident status for alien spouse§ 1216.4
§ 216.5Waiver of requirement to file joint petition to remove conditions by alien spouse§ 1216.5
§ 216.6Petition by entrepreneur to remove conditional basis of lawful permanent resident status§ 1216.6
Start Amendment Part

22a. The authority citation for newly designated part 1216 is revised to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 235—[DUPLICATED IN PART AS PART 1235]

Chapter V, Subchapter B

End Part Start Part

PART 1235—INSPECTION OF PERSONS APPLYING FOR PERMISSION

End Part Start Amendment Part

23. The following sections in part 235 are duplicated in part 1235, as set out in the following table:

End Amendment Part
Part 235HeadingIs duplicated as Part 1235
§ 235.1Scope of examination§ 1235.1
§ 235.2Parole for deferred inspection§ 1235.2
§ 235.3Inadmissible aliens and expedited removal§ 1235.3
§ 235.4Withdrawal of application for admission§ 1235.4
§ 235.5Preinspection§ 1235.5
§ 235.6Referral to immigration judge§ 1235.6
§ 235.8Inadmissibility on security and related grounds§ 1235.8
§ 235.9Northern Marianas identification card§ 1235.9
§ 235.10U.S. Citizen Identification Card§ 1235.10
§ 235.11Admission of conditional permanent residents§ 1235.11
§ 235.12[Redesignated]§ 1235.12
§ 235.13[Redesignated]§ 1235.13
Start Printed Page 9838 Start Amendment Part

23a. The authority citation for newly designated part 1235 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1201, 1224, 1225, 1226, 1228; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 236—[DUPLICATED AS PART 1236]

Chapter V, Subchapter B

End Part Start Part

PART 1236—APPREHENSION AND DETENTION OF INADMISSABLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED

End Part Start Amendment Part

24. All sections in part 236, Subpart A, are duplicated in part 1236, as set out in the following table:

End Amendment Part
Part 236HeadingIs duplicated as Part 1236
Subpart A
§ 236.1Apprehension, custody, and detention§ 1236.1
§ 236.2Confined aliens, incompetents, and minors§ 1236.2
§ 236.3Detention and release of juveniles§ 1236.3
§ 236.4Removal of S-5, S-6, and S-7 nonimmigrants§ 1236.4
§ 236.5Fingerprints and photographs§ 1236.5
§ 236.6Information regarding detainees§ 1236.6
§ 236.7[Reserved]§ 1236.7
§ 236.8[Reserved]§ 1236.8
§ 236.9[Reserved]§ 1236.9
Start Amendment Part

24a. The authority citation for newly designated part 1236 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 238—[DUPLICATED AS PART 1238]

Chapter V, Subchapter B

End Part Start Part

PART 1238—EXPEDITED REMOVAL OF AGGRAVATED FELONS

End Part Start Amendment Part

25. Section 238.1 is duplicated in part 1238, as § 1238.1.

End Amendment Part Start Amendment Part

25a. The authority citation for newly designated part 1238 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1228; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 239—[DUPLICATED AS PART 1239]

Chapter V, Subchapter B

End Part Start Part

PART 1239—INITIATION OF REMOVAL PROCEEDINGS

End Part Start Amendment Part

26. All sections in part 239 are duplicated in part 1239, as set out in the following table:

End Amendment Part
Part 239HeadingIs duplicated as Part 1239
§ 239.1Notice to appear§ 1239.1
§ 239.2Cancellation of notice to appear§ 1239.2
§ 239.3Effect of filing notice to appear§ 1239.3
Start Amendment Part

26a. The authority citation for newly designated part 1239 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1221, 1229; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 240—[REDESIGNATED IN PART AS PART 1240]

Chapter V, Subchapter B

End Part Start Part

PART 1240—PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES

End Part Start Amendment Part

27. Transfer the following sections of

End Amendment Part
Part 240HeadingIs transferred and redesignated as Part 1240
Subpart A
§ 240.1Immigration judges§ 1240.1
§ 240.2Service counsel§ 1240.2
§ 240.3Representation by counsel§ 1240.3
§ 240.4Incompetent respondents§ 1240.4
§ 240.5Interpreter§ 1240.5
§ 240.6Postponement and adjournment of hearing§ 1240.6
§ 240.7Evidence in removal proceedings under section 240 of the Act§ 1240.7
§ 240.8Burdens of proof in removal proceedings§ 1240.8
§ 240.9Contents of record§ 1240.9
§ 240.10Hearing§ 1240.10
§ 240.11Ancillary matters, applications§ 1240.11
§ 240.12Decision of the immigration judge§ 1240.12
§ 240.13Notice of decision§ 1240.13
§ 240.14Finality of order§ 1240.14
§ 240.15Appeals§ 1240.15
§ 240.16Application of new procedures or termination of proceedings in old proceedings pursuant to section 309(c) of Public Law 104-208§ 1240.16
§ 240.17[Reserved]§ 1240.17
§ 240.18[Reserved]§ 1240.18
Subpart B
§ 240.19[Reserved]§ 1240.19
§ 240.20Cancellation of removal and adjustment of status under section 240A of the Act§ 1240.20
§ 240.22[Reserved]§ 1240.22
§ 240.23[Reserved]§ 1240.23
§ 240.24[Reserved]§ 1240.24
Subpart C
§ 240.26Voluntary departure—authority of the Executive Office for Immigration Review§ 1240.26
§ 240.27[Reserved]§ 1240.27
§ 240.28[Reserved]§ 1240.28
§ 240.29[Reserved]§ 1240.29
Subpart D
§ 240.30Proceedings prior to April 1, 1997§ 1240.30
§ 240.31Authority of immigration judges§ 1240.31
§ 240.32Hearing§ 1240.32
§ 240.33Applications for asylum or withholding of deportation§ 1240.33
§ 240.34Renewal of application for adjustment of status under section 245 of the Act§ 1240.34
§ 240.35Decision of the immigration judge; notice to the applicant§ 1240.35
§ 240.36Finality of order§ 1240.36
§ 240.37Appeals§ 1240.37
§ 240.38Fingerprinting of excluded aliens§ 1240.38
§ 240.39[Reserved]§ 1240.39
Subpart E
§ 240.40Proceedings commenced prior to April 1, 1997§ 1240.40
§ 240.41Immigration Judges§ 1240.41
§ 240.42Representation by counsel§ 1240.42
§ 240.43Incompetent respondents§ 1240.43
§ 240.44Interpreter§ 1240.44
§ 240.45Postponement and adjournment of hearing§ 1240.45
§ 240.46Evidence§ 1240.46
§ 240.47Contents of record§ 1240.47
§ 240.48Hearing§ 1240.48
§ 240.49Ancillary matters, applications§ 1240.49
§ 240.50Decision of the immigration judge§ 1240.50
§ 240.51Notice of decision§ 1240.51
§ 240.52Finality of order§ 1240.52
§ 240.53Appeals§ 1240.53
§ 240.54[Reserved]§ 1240.54
Subpart F
§ 240.55Proceedings commenced prior to April 1, 1997§ 1240.55
Start Printed Page 9840
§ 240.56Application§ 1240.56
§ 240.57Extension of time to depart§ 1240.57
§ 240.58Extreme hardship§ 1240.58
Subpart G—Reserved
Start Amendment Part

28. The following sections in part 240 are duplicated in part 1240, as set out in the following table:

End Amendment Part
Part 240HeadingIs duplicated as Part 1240
Subpart B
§ 240.21Suspension of deportation and adjustment of status under section 244(a) of the Act (as in effect before April 1, 1997) and cancellation of removal and adjustment of status under section 240A(b) of the Act for certain nonpermanent residents§ 1240.21
Subpart H
§ 240.60Definitions§ 1240.60
§ 240.61Applicability§ 1240.61
§ 240.62Jurisdiction§ 1240.62
§ 240.63Application process§ 1240.63
§ 240.64Eligibility—general§ 1240.64
§ 240.65Eligibility for suspension of deportation§ 1240.65
§ 240.66Eligibility for special rule cancellation of removal§ 1240.66
§ 240.67Procedure for interview before an asylum officer§ 1240.67
§ 240.68Failure to appear at an interview before an asylum officer or failure to follow requirements for fingerprinting§ 1240.68
§ 240.69Reliance on information compiled by other sources§ 1240.69
§ 240.70Decision by the Service§ 1240.70
Start Amendment Part

28a. The authority citation for newly redesignated part 1240 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103; 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 2681); 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 241—[DUPLICATED AS PART 1241]

Chapter V, Subchapter B

End Part Start Part

PART 1241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED

End Part Start Amendment Part

29. All sections in part 241 are duplicated in part 1241, as set out in the following table:

End Amendment Part
Part 241HeadingIs duplicated as Part 1241
Subpart A
§ 241.1Final order of removal§ 1241.1
§ 241.2Warrant of removal§ 1241.2
§ 241.3Detention of aliens during removal period§ 1241.3
§ 241.4Continued detention of inadmissible, criminal, and other aliens beyond the removal period§ 1241.4
§ 241.5Conditions of release after removal period§ 1241.5
§ 241.6Administrative stay of removal§ 1241.6
§ 241.7Self-removal§ 1241.7
§ 241.8Reinstatement of removal orders§ 1241.8
§ 241.9Notice to transportation line of alien's removal§ 1241.9
Start Printed Page 9841
§ 241.10Special care and attention of removable aliens§ 1241.10
§ 241.11Detention and removal of stowaways§ 1241.11
§ 241.12Nonapplication of costs of detention and maintenance§ 1241.12
§ 241.13Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future§ 1241.13
§ 241.14Continued detention of removable aliens on account of special circumstances§ 1241.14
§ 241.15Information regarding detainees§ 1241.15
§ 241.16Reserved§ 1241.16
§ 241.17Reserved§ 1241.17
§ 241.18Reserved§ 1241.18
§ 241.19Reserved§ 1241.19
Subpart B
§ 241.20Proceedings commenced prior to April 1, 1997§ 1241.20
§ 241.21Stay of deportation of excluded alien§ 1241.21
§ 241.22Notice to surrender for deportation§ 1241.22
§ 241.23Cost of maintenance not assessed§ 1241.23
§ 241.24Notice to transportation line of alien's exclusion§ 1241.24
§ 241.25Deportation§ 1241.25
§ 241.26Reserved§ 1241.26
§ 241.27Reserved§ 1241.27
§ 241.28Reserved§ 1241.28
§ 241.29Reserved§ 1241.29
Subpart C
§ 241.30Proceedings commenced prior to April 1, 1997§ 1241.30
§ 241.31Final order of deportation§ 1241.31
§ 241.32Warrant of deportation§ 1241.32
§ 241.33Expulsion§ 1241.33
Start Amendment Part

29a. The authority citation for newly designated part 1241 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223, 1224, 1225, 1226, 1227, 1231, 1251, 1253, 1255, 1330, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 244—[DUPLICATED AS PART 1244]

Chapter V, Subchapter B

End Part Start Part

PART 1244—TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED STATES

End Part Start Amendment Part

30. All sections in part 244 are duplicated in part 1244, as set out in the following table:

End Amendment Part
Part 244HeadingIs duplicated as Part 1244
§ 244.1Definitions§ 1244.1
§ 244.2Eligibility§ 1244.2
§ 244.3Applicability of grounds of inadmissibility§ 1244.3
§ 244.4Ineligible aliens§ 1244.4
§ 244.5Temporary treatment benefits for eligible aliens§ 1244.5
§ 244.6Application§ 1244.6
§ 244.7Filing the application§ 1244.7
§ 244.8Appearance§ 1244.8
§ 244.9Evidence§ 1244.9
§ 244.10Decision by the director or Administrative Appeals Unit (AAU)§ 1244.10
§ 244.11Renewal of application; appeal to the Board of Immigration Appeals§ 1244.11
§ 244.12Employment authorization§ 1244.12
§ 244.13Termination of temporary treatment benefits§ 1244.13
§ 244.14Withdrawal of Temporary Protected Status§ 1244.14
§ 244.15Travel abroad§ 1244.15
§ 244.16Confidentiality§ 1244.16
§ 244.17Annual registration§ 1244.17
§ 244.18Issuance of charging documents; detention§ 1244.18
§ 244.19Termination of designation§ 1244.19
Start Printed Page 9842
§ 244.20Waiver of Fees§ 1244.20
Start Amendment Part

30a. The authority citation for newly designated part 1244 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 245—[DUPLICATED AS PART 1245]

Chapter V, Subchapter B

End Part Start Part

PART 1245—ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

End Part Start Amendment Part

31. All sections in part 245 are duplicated in part 1245, as set out in the following table:

End Amendment Part
Part 245HeadingIs duplicated as Part 1245
§ 245.1Eligibility§ 1245.1
§ 245.2Application§ 1245.2
§ 245.3Adjustment of status under section 13 of the Act of September 11, 1957, as amended§ 1245.3
§ 245.4Documentary requirements§ 1245.4
§ 245.5Medical examination§ 1245.5
§ 245.6Interview§ 1245.6
§ 245.7Adjustment of status of certain Soviet and Indochinese parolees under the Foreign Operations Appropriations Act for Fiscal Year 1990 (Pub. L. 101-167)§ 1245.7
§ 245.8Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act§ 1245.8
§ 245.9Adjustment of status of certain nationals of the People's Republic of China under Public Law 102-404§ 1245.9
§ 245.10Adjustment of status upon the payment of additional sum under section 245(i)§ 1245.10
§ 245.11Adjustment of aliens in S nonimmigrant classification§ 1245.11
§ 245.12What are the procedures for certain Polish and Hungarian parolees who are adjusting status to that of permanent resident under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996?§ 1245.12
§ 245.13Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100§ 1245.13
§ 245.14Adjustment of status of certain health care workers§ 1245.14
§ 245.15Adjustment of status of certain Haitian nationals under the Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA)§ 1245.15
§ 245.18How can physicians (with approved Forms I-140) that are serving in medically underserved areas or at a Veterans Affairs facility adjust status?§ 1245.18
§ 245.20Adjustment of status of Syrian asylees under Public Law 106-378§ 1245.20
§ 245.21Adjustment of status of certain nationals of Vietnam, Cambodia, and Laos (section 586 of Public Law 106-429) Syrian asylees under Public Law 106-378§ 1245.21
§ 245.22Evidence to demonstrate an alien's physical presence in the United States on a specific date§ 1245.22
Start Amendment Part

31a. The authority citation for newly designated part 1245 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub.L. 105-100, 111 Stat. 2160, 2193; sec. 902, Pub.L. 105-277, 112 Stat. 2681; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 246—[DUPLICATED AS PART 1246]

Chapter V, Subchapter B

End Part Start Part

PART 1246—RESCISSION OF ADJUSTMENT OF STATUS

End Part Start Amendment Part

32. All sections in part 246 are duplicated in part 1246, as set out in the following table:

End Amendment Part
Part 246HeadingIs duplicated as Part 1246
§ 246.1Notice§ 1246.1
§ 246.2Allegations admitted; no answer filed; no hearing requested§ 1246.2
§ 246.3Allegations contested or denied; hearing requested§ 1246.3
§ 246.4Immigration judge's authority; withdrawal and substitution§ 1246.4
§ 246.5Hearing§ 1246.5
§ 246.6Decision and order§ 1246.6
§ 246.7Appeals§ 1246.7
§ 246.8[Reserved]§ 1246.8
§ 246.9Surrender of Form I-551§ 1246.9
Start Amendment Part

32a. The authority citation for newly designated part 1246 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1254, 1255, 1256, 1259; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 249—[DUPLICATED AS PART 1249]

Chapter V, Subchapter B

End Part Start Part

PART 1249—CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE

End Part Start Amendment Part

33. All sections in part 249 are duplicated in part 1249, as set out in the following table:

End Amendment Part
Part 249HeadingIs duplicated as Part 1249
§ 249.1Waiver of inadmissibility§ 1249.1
§ 249.2Application§ 1249.2
§ 249.3Reopening and reconsideration§ 1249.3
Start Amendment Part

33a. The authority citation for newly designated part 1249 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1182, 1259; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 270—[DUPLICATED AS PART 1270]

Chapter V, Subchapter B

End Part Start Part

PART 1270—PENALTIES FOR DOCUMENT FRAUD

End Part Start Amendment Part

34. All sections in part 270 are duplicated in part 1270, as set out in the following table:

End Amendment Part
Part 270HeadingIs duplicated as Part 1270
§ 270.1Definitions§ 1270.1
§ 270.2Enforcement procedures§ 1270.2
§ 270.3Penalties§ 1270.3
Start Printed Page 9844 Start Amendment Part

34a. The authority citation for newly designated part 1270 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, and 1324c; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

End Authority

Chapter I, Subchapter B

Start Part

PART 274a—[DUPLICATED AS PART 1274a]

Chapter V, Subchapter B

End Part Start Part

PART 1274a—CONTROL OF EMPLOYMENT OF ALIENS

End Part Start Amendment Part

35. All sections in part 274a are duplicated in part 1274a, as set out in the following table:

End Amendment Part
Part 274aHeadingIs duplicated as Part 1274a
Subpart A
§ 274a.1Definitions§ 1274a.1
§ 274a.2Verification of employment eligibility§ 1274a.2
§ 274a.3Continuing employment of unauthorized aliens§ 1274a.3
§ 274a.4Good faith defense§ 1274a.4
§ 274a.5Use of labor through contract§ 1274a.5
§ 274a.6State employment agencies§ 1274a.6
§ 274a.7Pre-enactment provisions for employees hired prior to November 7, 1986§ 1274a.7
§ 274a.8Prohibition of indemnity bonds§ 1274a.8
§ 274a.9Enforcement procedures§ 1274a.9
§ 274a.10Penalties§ 1274a.10
§ 274a.11Reserved§ 1274a.11
Subpart B
§ 274a.12Classes of aliens authorized to accept employment§ 1274a.12
§ 274a.13Application for employment authorization§ 1274a.13
§ 247a.14Termination of employment authorization§ 1274a.14
Start Amendment Part

35a. The authority citation for newly designated part 1274a continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 280—[DUPLICATED AS PART 1280]

Chapter V, Subchapter B

End Part Start Part

PART 1280—IMPOSITION AND COLLECTION OF FINES

End Part Start Amendment Part

36. All sections in part 280 are duplicated in part 1280, as set out in the following table:

End Amendment Part
Part 280HeadingIs duplicated as Part 1280
§ 280.1Notice of intention to fine; administrative proceedings not exclusive§ 1280.1
§ 280.2Special provisions relating to aircraft§ 1280.2
§ 280.3Departure of vessel or aircraft prior to denial of clearance§ 1280.3
§ 280.4Data concerning cost of transportation§ 1280.4
§ 280.5Mitigation or remission of fines§ 1280.5
§ 280.6Bond to obtain clearance; form§ 1280.6
§ 280.7Approval of bonds or acceptance of cash deposit to obtain clearance§ 1280.7
§ 280.11Notice of intention to fine; procedure§ 1280.11
§ 280.12Answer and request or order for interview§ 1280.12
§ 280.13Disposition of case§ 1280.13
§ 280.14Record§ 1280.14
§ 280.15Notice of final decision to district director of customs§ 1280.15
§ 280.21Seizure of aircraft§ 1280.21
§ 280.51Application for mitigation or remission§ 1280.51
§ 280.52Payment of fines§ 1280.52
§ 280.53Civil monetary penalties inflation adjustment§ 1280.53
Start Printed Page 9845 Start Amendment Part

36a. The authority citation for newly designated part 1280 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1253, 1281, 1283, 1284, 1285, 1286, 1322, 1323, and 1330; 66 Stat. 173, 195, 197, 201, 203, 212, 219, 221-223, 226, 227, 230; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

End Authority

Chapter I, Subchapter B

Start Part

PART 287—[DUPLICATED IN PART AS PART 1287]

Chapter V, Subchapter B

End Part Start Part

PART 1287—FIELD OFFICERS; POWERS AND DUTIES

End Part Start Amendment Part

37. The following sections in part 287 are duplicated in part 1287, as set out in the following table:

End Amendment Part
Part 287HeadingIs duplicated as Part 1287
§ 287.4Subpoena§ 1287.4
§ 287.6Proof of official records§ 1287.6
Start Amendment Part

37a. The authority citation for newly designated part 1287 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357; 8 CFR part 2.

End Authority

Chapter I, Subchapter B

Start Part

PART 292—[DUPLICATED AS PART 1292]

Chapter V, Subchapter B

End Part Start Part

PART 1292—REPRESENTATION AND APPEARANCES

End Part Start Amendment Part

38. All sections in part 292 are duplicated in part 1292, as set out in the following table:

End Amendment Part
Part 292HeadingIs duplicated as Part 1292
§ 292.1Representation of others§ 1292.1
§ 292.2Organizations qualified for recognition; requests for recognition; withdrawal of recognition; accreditation of representatives; roster§ 1292.2
§ 292.3Professional conduct for practitioners—Rules and procedures§ 1292.3
§ 292.4Appearances§ 1292.4
§ 292.5Service upon and action by attorney or representative of record§ 1292.5
§ 292.6Interpretation§ 1292.6
Start Amendment Part

38a. The authority citation for newly designated part 1292 continues to read as follows:

End Amendment Part Start Authority

Authority: Secs. 103, 262, 289, 66 Stat. 173, 224, 234; 8 U.S.C. 1103, 1302, 1359; 45 Stat. 401, 54 Stat. 670; 8 U.S.C. 226a, 451.

End Authority

Chapter V, Subchapter B

Start Part

PART 1299—IMMIGRATION REVIEW FORMS

End Part Start Amendment Part

39. Part 1299 is added to chapter V, subchapter C, to read as follows:

End Amendment Part
1299.1
Use of immigration forms.
1299.2
Specific immigration review forms.
Start Authority

Authority: 8 U.S.C. 1103, 1252, 1429, 1443; Homeland Security Act of 2002, Pub. L. 107-296.

End Authority
Use of immigration forms.

In addition to forms prepared by the Executive Office for Immigration Review, the Executive Office for Immigration Review, immigration judges, the Board of Immigration Appeals, and administrative law judges use forms listed under 8 CFR chapter I, part 299.

Specific immigration review forms.

The Director of the Executive Office for Immigration Review may designate the specific version of a form listed in 8 CFR chapter I, part 299, which shall be utilized in filings before the immigration judges, the Board of Immigration Appeals, and administrative law judges.

Chapter I, Subchapter C

Start Part

PART 337—[DUPLICATED AS PART 1337]

Chapter V, Subchapter C

End Part Start Part

PART 1337—OATH OF ALLEGIANCE

End Part Start Amendment Part

40. All sections in part 337 are duplicated in part 1337, as set out in the following table:

End Amendment Part
Part 337HeadingIs duplicated as Part 1337
§ 337.1Oath of allegiance§ 1337.1
Start Printed Page 9846
§ 337.2Oath administered by the Immigration and Naturalization Service or an Immigration Judge§ 1337.2
§ 337.3Expedited administration of oath of allegiance§ 1337.3
§ 337.4When requests for change of name granted§ 1337.4
§ 337.5[Reserved]§ 1337.5
§ 337.6[Reserved]§ 1337.6
§ 337.7Information and assignment of individuals under exclusive jurisdiction§ 1337.7
§ 337.8Oath administered by the courts§ 1337.8
§ 337.9Effective date of naturalization§ 1337.9
§ 337.10Failure to appear for oath administration ceremony§ 1337.10
Start Amendment Part

40a. The authority citation for newly designated part 1337 continues to read as follows:

End Amendment Part Start Authority

Authority: 8 U.S.C. 1103, 1443, 1448; 8 CFR part 2.

End Authority Start Amendment Part

41. All references in part 1003 to “§ 3.” are revised to read “§ 1003.”.

End Amendment Part Start Amendment Part

42. All references in part 1101 to “§ 101.” are revised to read “§ 1101.”.

End Amendment Part Start Amendment Part

43. All references in part 1103 to “§ 103.3” are revised to read “§ 1103.3”; references in part 1103 to “§ 103.4” are revised to read “§ 1103.4”, and references in part 1103 to “§ 103.7” are revised to read “§ 1103.7'.

End Amendment Part Start Amendment Part

44. All references in part 1205 to “§ 205.” are revised to read “§ 1205.”.

End Amendment Part Start Amendment Part

45. All references in part 1208 to “§ 208.” are revised to read “§ 1208.”.

End Amendment Part Start Amendment Part

46. All references in part 1209 to “§ 209.”are revised to read “§ 1209.”.

End Amendment Part Start Amendment Part

47. All references in part 1211 to “§ 211.” are revised to read “§ 1211.”.

End Amendment Part Start Amendment Part

48. All references in part 1212 to “§ 212.” are revised to read “§ 1212.”.

End Amendment Part Start Amendment Part

49. All references in part 1215 to “§ 215.” are revised to read “§ 1215.”.

End Amendment Part Start Amendment Part

50. All references in part 1216 to “§ 216.” are revised to read “§ 1216.”.

End Amendment Part Start Amendment Part

51. All references in part 1235 to “§ 235.” are revised to read “§ 1235.”, except any reference to “235.7” shall not be revised.

End Amendment Part Start Amendment Part

52. All references in part 1236 to “§ 236.” are revised to read “§ 1236.”.

End Amendment Part Start Amendment Part

53. All references in part 1239 to “§ 239.” are revised to read “§ 1239.”.

End Amendment Part Start Amendment Part

54. All references in part 1240 to “§ 240.” are revised to read “§ 1240.”, except that any reference to “240.25” shall not be revised.

End Amendment Part Start Amendment Part

55. All references in part 1241 to “§ 241.” are revised to read “§ 1241.”.

End Amendment Part Start Amendment Part

56. All references in part 1244 to “§ 244.” are revised to read “§ 1244.”.

End Amendment Part Start Amendment Part

57. All references in part 1245 to “§ 245.” are revised to read “§ 1245.”.

End Amendment Part Start Amendment Part

58. All references in part 1246 to “§ 246.” are revised to read “§ 1246.”.

End Amendment Part Start Amendment Part

59. All references in part 1249 to “§ 249.” are revised to read “§ 1249.”.

End Amendment Part Start Amendment Part

60. All references in part 1270 to “§ 270.” are revised to read “§ 1270.”.

End Amendment Part Start Amendment Part

61. All references in part 1274a to “§ 274a.” are revised to read “§ 1274a.”.

End Amendment Part Start Amendment Part

62. All references in part 1280 to “§ 280.” are revised to read “§ 1280.”.

End Amendment Part Start Amendment Part

63. All references in part 1287 to “§ 287.4” are revised to read “§ 1287.4”, and references to “§ 287.6” are revised to read “1287.6”.

End Amendment Part Start Amendment Part

64. All references in part 1292 to “§ 292.” are revised to read “§ 1292.”.

End Amendment Part Start Amendment Part

65. All references in part 1337 to “§ 337.” are revised to read “§ 1337.”.

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Chapter I, Subchapter C

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PART 507—[REDESIGNATED AS 28 CFR Part 200]

28 CFR—JUDICIAL ADMINISTRATION

CHAPTER I—DEPARTMENT OF JUSTICE

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PART 200—ALIEN TERRORIST REMOVAL PROCEDURES

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66.

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66a. The authority citation for part 200 continues to read as follows:

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Authority: Pub. L. 105-277, 112 Stat. 2681.

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Dated: February 26, 2003.

John Ashcroft,

Attorney General.

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Footnotes

1.  The Supplementary Information refers to the successor entities to the INS collectively as the INS for the ease of the reader. The Secretary of Homeland Security has further refined the reorganization of functions within the Department of Homeland Security and a further division of the regulations is expected to be made. That division of regulations, on or after March 1, 2003, is not affected by this rule.

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[FR Doc. 03-4935 Filed 2-27-03; 8:45 am]

BILLING CODE 4410-30-P