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Executive Office for Immigration Review Electronic Case Access and Filing
The Executive Office for Immigration Review (``EOIR'') is proposing to implement electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals (``BIA''). The proposed rule would update the relevant regulations necessary to implement these electronic filing and records applications,...
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Good Cause for a Continuance in Immigration Proceedings
The Department of Justice (``Department'' or ``DOJ'') is proposing to define ``good cause,'' in the context of continuances, adjournments, and postponements, in its immigration regulations.
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Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal
The Department of Justice (``Department'') proposes to amend Executive Office for Immigration Review (``EOIR'') regulations governing the filing and adjudication of motions to reopen and reconsider and to add regulations governing requests for discretionary stays of removal.
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Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
This proposed rule would amend Department of Justice (``Department'' or ``DOJ'') regulations to allow practitioners to assist individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before the Executive Office for Immigration Review (``EOIR'') by filing an amended version of EOIR's...
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Procedures for Asylum and Withholding of Removal
The Department of Justice (``Department'' or ``DOJ'') proposes to amend the Executive Office for Immigration Review (``EOIR'') regulations governing asylum and withholding of removal, including changes to what must be included with an application for such relief for it to be considered complete and the consequences of filing an incomplete...
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
The Department of Justice (``Department'') proposes to amend the regulations of the Executive Office for Immigration Review (``EOIR'') regarding the handling of appeals to the Board of Immigration Appeals (``BIA'' or ``Board''). The Department proposes multiple changes to the processing of appeals to ensure the consistency, efficiency, and...
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Security Bars and Processing
This proposed rule would amend existing DHS and DOJ (collectively, ``the Departments'') regulations to clarify that the Departments may consider emergency public health concerns based on communicable disease due to potential international threats from the spread of pandemics when making a determination as to whether ``there are reasonable...
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Executive Office for Immigration Review; Fee Review
The Department of Justice's Executive Office for Immigration Review (``EOIR'') imposes fees, also known as user charges, for the filing of certain EOIR forms for applications for relief, appeals filed with the Board of Immigration Appeals (``BIA''), and motions to reopen or reconsider. When applicable, the current fee for EOIR applications for...
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Procedures for Asylum and Bars to Asylum Eligibility
The Department of Justice and the Department of Homeland Security (collectively, ``the Departments'') propose to amend their respective regulations governing the bars to asylum eligibility. The Departments also propose to clarify the effect of criminal convictions and to remove their respective regulations governing the automatic reconsideration...
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Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal
The Department of Justice proposes to amend the regulations of the Executive Office for Immigration Review (EOIR) governing the annual statutory limitation on cancellation of removal and suspension of deportation decisions. First, the rule proposes to eliminate certain procedures created in 1998 that were used to convert 8,000 conditional grants...
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Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for Immigration Review (EOIR) by establishing procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based upon a claim of ineffective assistance of counsel. This proposed rule is in...
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Recognition of Organizations and Accreditation of Non-Attorney Representatives
This rule proposes to amend the regulations governing the requirements and procedures for authorizing representatives of non- profit religious, charitable, social service, or similar organizations to represent persons in proceedings before the Executive Office for Immigration Review (EOIR) and the Department of Homeland Security (DHS). The rule...
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Separate Representation for Custody and Bond Proceedings
This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings without such appearance constituting an entry...
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List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings
This rule proposes to amend 8 CFR parts 1003, 1240, and 1241 by changing the name of the ``List of Free Legal Services Providers'' to the ``List of Pro Bono Legal Service Providers.'' The rule also would enhance the eligibility requirements for organizations, private attorneys, and referral services to be included on the List of Pro Bono Legal...
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Forwarding of Asylum Applications to the Department of State
The Department of Justice is planning to amend its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS). Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an...
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Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents
This proposed rule would amend the Department of Justice (Department) regulations regarding the administrative review procedures of the Board of Immigration Appeals (Board) in three ways. First, this rule provides greater flexibility for the Board to decide, in the exercise of its discretion, whether to issue an affirmance without opinion (AWO)...
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Voluntary Departure: Effect of a Motion To Reopen or Reconsider or a Petition for Review
The immigration laws provide that an alien may request and receive a grant of voluntary departure in certain cases; such a grant allows an alien to depart voluntarily during a specified period of time after the order is issued, in lieu of being removed under an order of removal. Voluntary departure is an agreed upon exchange of benefits between...
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Jurisdiction and Venue in Removal Proceedings
This proposed rule would amend the Department of Justice (Department) regulations addressing jurisdiction and venue in removal proceedings. The amendment is necessary due to the increasing number of removal hearings being conducted by telephone and video conference. The proposed rule establishes that venue shall lie at the place of the hearing...
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Executive Office for Immigration Review Attorney/Representative Registry
This proposed rule would amend the regulations pertaining to appearances by attorneys and representatives before the Executive Office for Immigration Review (EOIR). This proposed rule authorizes the Director, EOIR, or his designee to register attorneys and representatives as a condition of practicing before immigration judges and the Board of...