[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34089-34090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16046]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 / Rules
and Regulations
[[Page 34089]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 3, 103, 204, 208, 212, 236, 240, 242, 245, 292
[EOIR No. 105F; AG Order No. 1973-95]
RIN 1125-AA08
Immigration Court Designation
agency: Immigration and Naturalization Service, Department of Justice.
action: Final rule.
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summary: This final rule amends 8 CFR 3, 103, 204, 208, 212, 236, 240,
242, 245, and 292 by replacing the tribunal name ``Office of the
Immigration Judge'' with the tribunal name ``Immigration Court.'' This
rule codifies current usage of the term ``Immigration Court'' in
reference to deportation and exclusion proceedings conducted before
Immigration Judges throughout the United States. The rule makes no
substantive changes in Immigration Judge proceedings.
effective date: This final rule is effective on June 30, 1995 except
that the amendment to Sec. 242.1(a) as revised at 59 FR 42414, August
17, 1994, is effective August 17, 1995.
for further information contact: Margaret M. Philbin, Associate Counsel
to the Director, Executive Office for Immigration Review, Suite 2400,
5107 Leesburg Pike, Falls Church, Virginia 22041, telephone: (703) 305-
0470.
supplementary information: The final rule is a nomenclature change. The
rule changes the name of the administrative tribunal which initially
hears deportation and exclusion proceedings from ``Office of the
Immigration Judge'' to ``Immigration Court.''
This change reflects the current usage of the term ``Immigration
Court'' by the legal community. The term is already in such common
usage that the federal circuit courts refer to this tribunal as the
``Immigration Court'' in their published opinions. See, e.g., Campos v.
Nail, 43 F.3d 1285, 1289 (9th Cir. 1994); Margalli-Olvera v. INS, 43
F.3d 345, 349 (8th Cir. 1994); Palciauskas v. INS, 939 F.2d 963, 964
(11th Cir. 1991); Garcia-Ortega v. INS, 862 F.2d 564, 566 (5th Cir.
1989); Gumbol v. INS, 815 F.2d 406, 407 (6th Cir. 1987).
In accordance with 5 U.S.C. 605(b), the Attorney General certifies
that this rule does not have a significant adverse economic impact on a
substantial number of small entities. The Attorney General has
determined that this rule is not a significant regulatory action under
Executive Order No. 12866, and accordingly this rule has not been
reviewed by the Office of Management and Budget. This rule has no
Federalism implications warranting the preparation of a Federalism
implications warranting the preparation of a Federalism Assessment in
accordance with Executive Order No. 12612. The rule meets the
applicable standards provided in sections 2(a) and 2(b)(2) of Executive
Order No. 12778.
List of Subjects
8 CFR Part 3
Administrative practice and procedure, Immigration, Immigration and
Naturalization Service, Organization and functions (Government
agencies).
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Immigration,
Immigration and Naturalization Service, Reporting and recordkeeping
requirements, Surety bonds.
8 CFR 204
Administrative practice and procedure, Immigration, Immigration and
Naturalization Service, Reporting and recordkeeping requirements.
8 CFR 208
Administrative practice and procedure, Aliens, Immigration,
Immigration and Naturalization Service, Reporting and recordkeeping
requirements.
8 CFR 212
Administrative practice and procedure, Aliens, Immigration,
Immigration and Naturalization Service, Passports and visas, Reporting
and recordkeeping requirements.
8 CFR 236
Administrative practice and procedure, Aliens, Immigration,
Immigration and Naturalization Service.
8 CFR 240
Administrative practice and procedure, Immigration, Immigration and
Naturalization Service.
8 CFR 242
Administrative practice and procedure, Aliens, Immigration and
Naturalization Service.
8 CFR 245
Aliens, Immigration, Immigration and Naturalization Service,
Reporting and recordkeeping requirements.
8 CFR 292
Administrative practice and procedure, Immigration, Immigration and
Naturalization Service, Lawyers, Reporting and recordkeeping
requirements.
Accordingly, 8 CFR Chapter 1 is amended as set forth below:
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
1. The authority citation for part 3 continues to read as follows:
Authority: 5 U.S.C. 301; 8 U.S.C. 1103, 1252 note, 1252b, 1362;
28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR,
1949-1953 Comp., p. 1002.
2. In 8 CFR part 3 remove the words ``Office of the Immigration
Judge'' each time they appear and add, in their place, the words
``Immigration Court'' in the following places:
a. Section 3.3(a)
b. Section 3.7
c. Section 3.13, in the definition for ``Filing''
d. Section 3.14(a)
e. Section 3.15(b)(6), (b)(7), (c)(1), and (c)(2)
f. Section 3.17(a)
g. Section 3.18
h. Section 3.19(c)(1), (c)(2), (c)(3), and (g)
i. Section 320 (a) and (b)
j. Section 3.23(b)(1)
k. Section 3.31(a)
l. Section 3.36
m. Section 3.38(b)
[[Page 34090]]
n. Section 3.40 introductory text
o. Section 3.40(b)
3. In 8 CFR part 3 remove the words ``Immigration Judge office''
and add, in their place, the words ``Immigration Court'' in the
following place: Section 3.11.
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
4. The authority citation for part 103 is revised to read as
follows:
Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201, 1252
note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.
5. In 8 CFR part 103 remove the words ``Office of the Immigration
Judge'' and add, in their place, the words ``Immigration Court'' in the
following place: Section 103.7(a).
PART 204--IMMIGRANT PETITIONS
6. The authority citation for part 204 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,
1255; 8 CFR part 2.
7. In 8 CFR part 204 remove the words ``Office of the Immigration
Judge'' and add, in their place, the words ``Immigration Court'' in the
following place: Section 204.2(a)(1)(iii)(A)(2).
PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF DEPORTATION
8. The authority citation for part 208 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 31 U.S.C.
9701; 8 CFR part 2.
9. In 8 CFR part 208 remove the words ``Office of the Immigration
Judge'' and ``Offices of Immigration Judges'' each time they appear and
add, in their place, the words ``Immigration Court'' in the following
places:
a. Section 208.2(b)
b. Section 208.3(a)
c. Section 208.4(c) introductory text, (c)(1), (c)(2), (c)(3)
d. Section 208.7(c)(2)
e. Section 208.19(b)(2)
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
10. The authority citation for part 212 is revised to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225,
1226, 1227, 1228, 1252; 8 CFR part 2.
11. In 8 CFR part 212 remove the words ``Office of the Immigration
Judge'' and add, in their place, the words ``Immigration Court'' in the
following places: Section 212.3(a)(2).
PART 236--EXCLUSION OF ALIENS
12. The authority citation for part 236 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1362.
13. In 8 CFR part 236 remove the words ``Office of the Immigration
Judge'' and add, in their place, the words ``Immigration Court'' in the
following place: Section 236.3(b).
PART 240--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
STATES
14. The authority citation for part 240 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1254a, 1254a note.
15. In 8 CFR part 240 remove the words ``Office of the Immigration
Judge'' and add, in their place, the words ``Immigration Court'' in the
following places:
a. Section 240.10 (d)(2) and (d)(3)
b. Section 240.18 (b) and (c)
PART 242--PROCEEDINGS TO DETERMINE DEPORTABILITY OF ALIENS IN THE
UNITED STATES: APPREHENSION, CUSTODY, HEARING, AND APPEAL
16. The authority citation for part 242 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1182, 1186a, 1251, 1252, 1252 note,
1252b, 1254, 1362; 8 CFR part 2.
17. In 8 CFR part 242 remove the words ``Office of the Immigration
Judge'' each time they appear and add, in their place, the words
``Immigration Court'' in the following places:
a. Section 242.1 (a) introductory text and (b)
b. Section 242.2(i)
c. Section 242.17(c)(3)
18. In addition to the previous amendment, Sec. 242.1(a)
introductory text, as revised at 59 FR 42414, August 17, 1994 is
amended by removing the words ``Office of the Immigration Judge'' and
adding, in their place, the words ``Immigration Court'', effective
August 17, 1995.
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
19. The authority citation for part 245 is revised to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 8 CFR part 2.
20. In 8 CFR part 245 remove the words ``Office of the Immigration
Judge'' and add, in their place, the words ``Immigration Court'' in the
following place: Section 245.1(c)(7)(i)(B).
PART 292--REPRESENTATION AND APPEARANCES
21. The authority citation for part 292 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1252b, 1362.
22. In 8 CFR part 292 remove the words ``office of the Immigration
Judge'' and add in their place, the words ``Immigration Court'' in the
following place: Section 292.3(b)(1)(vi).
Dated: June 21, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-16046 Filed 6-29-95; 8:45 am]
BILLING CODE 4410-01-M
