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Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2021
The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation...
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Security Bars and Processing
On July 9, 2020, DHS and DOJ (collectively, ``the Departments'') published a notice of proposed rulemaking (``NPRM'') clarifying that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. This final rule responds to comments received in...
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Executive Office for Immigration Review; Fee Review
On February 28, 2020, the Department of Justice (``the Department'' or ``DOJ'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would increase the fees for those Executive Office for Immigration Review (``EOIR'') applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review...
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Asylum Eligibility and Procedural Modifications
On July 16, 2019, the Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or, collectively, ``the Departments'') published an interim final rule (``IFR'') governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border between the United States and...
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
On August 26, 2020, the Department of Justice (``Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would 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 proposed...
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Procedures for Asylum and Withholding of Removal
On September 23, 2020, the Department of Justice (``DOJ'' or ``the Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that proposed to amend the regulations governing the adjudication of applications for asylum and withholding of removal before the Executive Office for Immigration Review (``EOIR''), including...
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
On June 15, 2020, the Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') (collectively ``the Departments'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would amend the regulations governing credible fear determinations. The proposed rule would make it so that individuals found to...
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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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Organization of the Executive Office for Immigration Review
On August 26, 2019, the Department of Justice (``Department'') published an interim final rule (``IFR'') amending the regulations related to the internal organization of the Executive Office for Immigration Review (``EOIR''). The amendments reflected changes related to the establishment of EOIR's Office of Policy (``OP'') in 2017, made related...
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Procedures for Asylum and Bars to Asylum Eligibility
On December 19, 2019, the Department of Justice (``DOJ'') and the Department of Homeland Security (``DHS'') (collectively, ``the Departments'') published a notice of proposed rulemaking (``NPRM'') that would amend their respective regulations governing the bars to asylum eligibility. The Departments also proposed to clarify the effect of...
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Office of the Chief Administrative Hearing Officer, Chief Administrative Law Judge
The Department of Justice (``Department'') is amending the regulations governing the Office of the Chief Administrative Hearing Officer to reflect the creation of the position of Chief Administrative Law Judge and make technical corrections.
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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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Eligibility of Students at Institutions of Higher Education for Funds Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
The Department of Education (Department) issues this interim final rule so that institutions of higher education may appropriately determine which individuals attending their institution are eligible to receive emergency financial aid grants to students under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (March 27, 2020).
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
The Department of Justice and the Department of Homeland Security (collectively, ``the Departments'') propose to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act...