[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Rules and Regulations]
[Page 57313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28128]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 /
Rules and Regulations
[[Page 57313]]
DEPARTMENT OF JUSTICE
8 CFR Part 3
[EOIR No. 110F; AG Order No. 1997-95]
RIN 1125-AA11
Executive Office for Immigration Review; Board of Immigration
Appeals Adjudication Procedures
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends the Department's regulation on the
general authorities of the Board of Immigration Appeals (Board) to
expand the circumstances under which the Chairman of the Board may
designate the Chief Attorney Examiner of the Executive Office for
Immigration Review (EOIR) as an Alternate Board Member. This final rule
also changes the Board's procedure for adjudicating certain types of
motions, specifically, unopposed motions and motions to withdraw an
appeal. This final rule is necessary to ensure the effective and
efficient operation of the Board.
EFFECTIVE DATE: This final rule is effective November 15, 1995.
FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin, General Counsel, Executive Office for Immigration
Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041,
telephone (703) 305-0470.
SUPPLEMENTARY INFORMATION: The Chief Attorney Examiner presently serves
as an Alternate Board Member in instances where a Board Member or
Members are absent or unavailable and his participation is deemed
necessary by the Chairman. This rule will expand the circumstances
under which the Chairman may designate the Chief Attorney Examiner as
an Alternate Board Member by also enabling the Chairman to do so for
good cause. This change will increase the Board's flexibility and
efficiency.
Additionally, this rule changes the procedure for adjudicating
certain types of motions, specifically, unopposed motions and motions
to withdraw an appeal. Presently, the Chairman may divide the Board
into three-member panels and each panel is empowered to review cases by
majority vote. A majority of the number of Board Members authorized to
constitute a panel constitutes a quorum for such panel. This rule will
allow a single Board Member or the Chief Attorney Examiner to
adjudicate both motions that are unopposed by the non-moving party and
motions that request withdrawal of an appeal pending before the Board.
Motions that are unopposed by the non-moving party and motions to
withdraw an appeal do not present a case or controversy requiring
review by a three-member panel. Permitting such motions to be
adjudicated by a single Board Member or the Chief Attorney Examiner
will promote the effectiveness and efficiency of the Board's
adjudication process while maintaining appropriate consideration of
every motion filed with the Board.
Compliance with 5 U.S.C. 553 as to notice of proposed rule making
and delayed effective date is not necessary because this rule relates
to rules of agency procedure and practice.
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
Assessment in accordance with Executive Order No. 12612. The rule
merits the applicable standards provided in sections 2(a) and 2(b)(2)
of Executive Order No. 12778.
List of Subjects in 8 CFR Part 3
Administrative practice and procedure, Immigration, Organization
and functions (Government agencies).
For the reasons set forth in the preamble, 8 CFR part 3 is amended
as follows:
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Subpart A--Board of Immigration Appeals
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. Section 3.1 is amended by adding a new sentence after the 11th
sentence in paragraph (a)(1) and revising the 4th sentence in paragraph
(a)(2) to read as follows:
Sec. 3.1 General authorities.
(a)(1) Organization. * * * In the case of an unopposed motion or a
motion to withdraw an appeal pending before the Board, a single Board
Member or the Chief Attorney Examiner may exercise the appropriate
authority of the Board as set out in part 3 that is necessary for the
adjudication of such motions before it. * * *
(2) Chairman. * * * The Chief Attorney Examiner shall serve as an
Alternate Board Member when, in the absence or unavailability of a
Board Member or Members or for other good cause, his participation is
deemed necessary by the Chairman. * * *
* * * * *
Dated: November 7, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-28128 Filed 11-14-95; 8:45 am]
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