[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22775]
Federal Register / Vol. 59, No. 178 / Thursday, September 15, 1994 /
[[Page Unknown]]
[Federal Register: September 15, 1994]
VOL. 59, NO. 178
Thursday, September 15, 1994
DEPARTMENT OF JUSTICE
8 CFR Part 3
[AG Order No. 1916-94]
Executive Office for Immigration Review; Board of Immigration
Appeals; Expansion of the Board
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This final rule expands the Board of Immigration Appeals to
nine permanent members, including eight Board Members and a Chairman.
It provides for the designation of three-member panels to adjudicate
cases and stay requests. It also provides for a quorum of a majority of
the permanent Board for en banc adjudication, and a quorum of a
majority of the panel members for panel adjudications. The permanent
Board may, by majority vote or at the direction of the Chairman,
consider or reconsider en banc any case that was previously decided by
a panel. The rule also retains the authority of the Director of the
Executive Office for Immigration Review to designate Immigration Judges
as temporary additional Board Members.
EFFECTIVE DATE: This final rule is effective September 15, 1994.
FOR FURTHER INFORMATION CONTACT:
Gerald S. Hurwitz, 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 provides for an expansion of
the Board of Immigration Appeals to a nine-member permanent Board. This
is necessary because of the Board's greatly increased caseload, which
has more than quadrupled over the past decade. To maintain an
effective, efficient system of appellate adjudication, it has become
necessary to increase the number of Board Members. The most efficient
utilization of the Board is through increased use of the panel system,
which has been in effect since 1988. This will ensure effective,
efficient adjudications while providing for en banc review in
appropriate cases.
This final rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b). The Attorney General has
determined that this rule is not a significant regulatory action under
Executive Order 12866, section 3(f), and accordingly this rule has not
been reviewed by the Office of Management and Budget.
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this final rule and, by approving
it, certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 12612, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
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 agency organization and management.
List of Subjects in 8 CFR Part 3
Administrative practice and procedure, Aliens.
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, paragraph (a)(1), is revised to read as follows:
Sec. 3.1 General authorities.
(a)(1) Organization. There shall be in the Department of Justice a
Board of Immigration Appeals, subject to the general supervision of the
Director, Executive Office for Immigration Review. The Board shall
consist of a Chairman and eight other members. The Board Members shall
exercise their independent judgment and discretion in the cases coming
before the Board. A majority of the permanent Board Members shall
constitute a quorum of the Board sitting en banc. A vacancy, or the
absence or unavailability of a Board Member, shall not impair the right
of the remaining members to exercise all the powers of the Board. The
Director may in his discretion designate Immigration Judges to act as
temporary, additional Board Members for whatever time the Director
deems necessary. The Chairman may divide the Board into three-member
panels and designate a presiding member of each panel. The Chairman may
from time to time make changes in the composition of such panels and of
presiding members. Each panel shall be empowered to review cases by
majority vote. A majority of the number of Board Members authorized to
constitute a panel shall constitute a quorum for such panel. Each panel
may exercise the appropriate authority of the Board as set out in part
3 that is necessary for the adjudication of cases before it. The
permanent Board may, by majority vote on its own motion or by direction
of the Chairman, consider any case en banc or reconsider en banc any
case decided by a panel. By majority vote of the permanent Board,
decisions of the Board shall be designated to serve as precedents
pursuant to paragraph (g) of this section. There shall also be attached
to the Board such number of attorneys and other employees as the Deputy
Attorney General, upon recommendation of the Director, shall from time
to time direct.
* * * * *
Dated: September 6, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-22775 Filed 9-14-94; 8:45 am]
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