[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Rules and Regulations]
[Page 13881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7020]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 55 / Tuesday, March 23, 1999 / Rules
and Regulations
[[Page 13881]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 3, 103, 208, 235, 238, 240, 241, 253, and 507
[INS No. 1976-99; AG Order No. 2207-99]
RIN 1115-AF39
Regulations Concerning the Convention Against Torture
AGENCY: Immigration and Naturalization Service, and Executive Office
for Immigration Review, Justice.
ACTION: Correction to interim rule.
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SUMMARY: This document contains corrections to the interim regulation,
published Friday, February 19, 1999 at 64 FR 8477, relating to the
Convention Against Torture.
EFFECTIVE DATE: March 22, 1999.
FOR FURTHER INFORMATION CONTACT:
For matters relating to the Immigration and Naturalization Service:
Dorothea Lay, 425 I Street, NW, Washington, DC 20536, telephone number
(202) 514-2895. For matters relating to the Executive Office for
Immigration Review: Margaret M. Philbin, General Counsel, Executive
Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls
Church, Virginia 22041, telephone number (703) 305-0470 (not a toll
free call).
SUPPLEMENTARY INFORMATION:
Background
The interim regulation that is the subject of these corrections
amends Department of Justice regulations by establishing procedures for
raising a claim for protection from torture, as directed by the Foreign
Affairs Reform and Restructuring Act of 1998. Section 2242 of that Act
requires the heads of appropriate agencies to prescribe regulations to
implement United States obligations under the United Nations Convention
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (Convention Against Torture). Under Article 3 of the
Convention Against Torture, the United States has agreed not to
``expel, return (``refouler'') or extradite'' a person to another state
where he or she would be tortured. The interim rule establishes
procedures for ensuring compliance with Article 3 with respect to
removal of aliens from the United States by integrating Convention
Against Torture requests, as far as possible, into existing removal
procedures.
Need for Correction
As published, the interim regulation contains errors which may
prove to be misleading and are in need of clarification. First, this
correction deletes the phrase in Sec. 208.4(b)(2) that permits an alien
whose case has been referred to the asylum office for purposes of
conducting a reasonable fear determination to file a Form I-589,
Application for Asylum and for Withholding of Removal, with an asylum
office. This provision is being removed, because aliens who are
referred for a reasonable fear screening will not be required to file
such an application for purposes of the screening. An alien referred
for a reasonable fear screening will only be required to file an
application (Form I-589) if an asylum officer finds that the alien has
a reasonable fear of persecution or torture. In such cases, the alien
will be required to file an application with the immigration judge to
apply for withholding of removal or deferral of removal, after he or
she has been referred to an immigration judge.
Second, this correction clarifies the language in Sec. 208.18(b)(2)
of the interim rule which provides an opportunity to file a motion to
reopen ``to seek'' protection under Article 3 of the Convention Against
Torture for aliens who were ordered removed or whose removal orders
became final prior to March 22, 1999. The phrase ``to seek'' needs to
be changed to ``for the sole purpose of seeking'' in order to clarify
that the reason the Department afforded the opportunity for such a
motion in the interim rule was only to allow eligible aliens to move to
reopen to seek protection under Article 3, and not to seek any other
form of protection or relief.
Third, this correction moves the language in Sec. 208.31(e) of the
interim rule, which places a 10-day time limit on hearings before
immigration judges to consider only the claim for withholding/
protection against torture, to Sec. 208.31(g). The 10-day time limit
was inadvertently placed in Sec. 208.31(e). Consistent with its intent
to model the ``reasonable fear'' screening process on the ``credible
fear'' screening process, the Department's intent was to place the 10-
day time limit on immigration judge reviews of asylum officer ``no
reasonable fear'' determinations in Sec. 208.31(g). This is analogous
to the 7-day time limit placed on immigration judge reviews of asylum
officer ``no credible fear'' determinations.
Corrections
Sec. 208.4 [Corrected]
1. On page 8488, in the first column, in Sec. 208.4(b)(2), the
phrase ``or in the case of an alien whose case has been referred to the
asylum office for purposes of conducting a reasonable fear
determination under Sec. 208.31 of this part'' is removed.
Sec. 208.18 [Corrected]
2. On page 8491, in the first column, in Sec. 208.18(b)(2), line 7,
the phrase ``to seek'' should read ``for the sole purpose of seeking''.
Sec. 208.31 [Corrected]
3. On page 8493, in the third column, in Sec. 208.31(e), lines 12
and 13, remove the phrase ``within 10 days of the issuance of the I-
863''.
4. On page 8493, in the third column, in Sec. 208.31(g), line 15,
add a new sentence ``In the absence of exceptional circumstances, such
review shall be conducted by the immigration judge within 10 days of
the filing of the Form I-863 with the immigration court.'' immediately
before the last sentence in the introductory text.
Dated: March 17, 1999.
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 99-7020 Filed 3-22-99; 8:45 am]
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