[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37327-37328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17653]
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DEPARTMENT OF JUSTICE
8 CFR Parts 103, 244, and 299
[EOIR No. 107F; AG Order No. 1978-95]
RIN 1125-AA10
Executive Office for Immigration Review; Application for
Suspension of Deportation, Form EOIR-40
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends the regulations to reflect the change
in responsibility for the Form I-256A, Application for Suspension of
Deportation, from the Immigration and Naturalization Service (Service)
to the Executive Office for Immigration Review (EOIR). As a result of
this change in responsibility, the form number for the Application for
Suspension of Deportation has been changed from I-256A to EOIR-40. This
final rule is necessary to ensure that the public uses the correct form
when applying for suspension of deportation.
EFFECTIVE DATE: This final rule is effective July 20, 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: In recognition that an application for
[[Page 37328]]
suspension of deportation may currently be submitted solely during
proceedings before the Immigration Court, the Service and EOIR agreed
to transfer responsibility for handling this application form from the
Service to EOIR. On May 13, 1994, the Office of Management and Budget
approved a new Form EOIR-40, Application for Suspension of Deportation,
to replace the previous Form I-256A, Application for Suspension of
Deportation. This final rule amends the regulations to reflect the
correct form number for the Application for Suspension of Deportation.
This regulation is necessary to ensure that the public uses the correct
form when applying for suspension of deportation.
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 meets
the applicable standards provided in sections 2(a) and 2(b)(2) of
Executive Order No. 12778.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
8 CFR Part 244
Aliens, Reporting and recordkeeping requirements.
8 CFR Part 299
Immigration, Reporting and recordkeeping requirements.
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
1. The authority citation for part 103 continues 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.
2. In 8 CFR 103.7, paragraph (b)(1) is amended by removing the
entry for ``Form I-256A'' and adding the entry for ``Form EOIR-40'' to
the listing of forms, in proper alphanumerical sequence, to read as
follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
Form EOIR-40. For filing application for suspension of deportation
under section 244 of the Act--$100.00. (A single fee of $100.00 will be
charged whenever suspension of deportation applications are filed by
two or more aliens in the same proceeding).
* * * * *
PART 244--SUSPENSION OF DEPORTATION AND VOLUNTARY DEPARTURE
3. The authority citation for part 244 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1252; 8 CFR part 2.
4. Section 244.1 is amended in the last sentence by revising the
reference to ``Form I-256A''; to read ``Form EOIR-40''.
PART 299--IMMIGRATION FORMS
5. The authority citation for part 299 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.
6. Section 299.1 is amended by adding an entry for ``EOIR-40'' to
the listing of forms, in proper alphanumerical sequence, to read as
follows:
Sec. 299.1 Prescribed forms.
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Edition
Form No. date Title
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* * * * *
EOIR-40......... 11-94 Application for Suspension of Deportation.
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Dated: July 11, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-17653 Filed 7-19-95; 8:45 am]
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