99-15881. Suspension of Deportation and Special Rule Cancellation of Removal for Certain Nationals of Guatemala, El Salvador, and Former Soviet Bloc Countries

[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Rules and Regulations]
[Page 33386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15881]



[[Page 33386]]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 208, 240, 246, 274a and 299

[INS No. 1915-98; AG Order No. 2224-99]
RIN 1115-AF14


Suspension of Deportation and Special Rule Cancellation of 
Removal for Certain Nationals of Guatemala, El Salvador, and Former 
Soviet Bloc Countries

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, May 21, 1999 at 64 FR 27856, relating to section 203 
of the Nicaraguan Adjustment and Central American Relief Act (NACARA).

EFFECTIVE DATE: June 21, 1999.

FOR FURTHER INFORMATION CONTACT:
For matters relating to the Immigration and Naturalization Service; 
Joanna Ruppel, International Affairs, Department of Justice, 
Immigration and Naturalization Service, 425 I Street NW, ULLICO Bldg., 
third floor, Washington, DC 20536, telephone number [phone]. For 
matters relating to the Executive Office for Immigration Review: Chuck 
Adkins-Blanch, Acting General Counsel, Executive Office for Immigration 
Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, 
telephone number [phone].

SUPPLEMENTARY INFORMATION:

Background

    The interim rule that is the subject of this correction implements 
section 203 of NACARA. It amends the Department of Justice regulations 
by offering certain beneficiaries of section 203 of NACARA who 
currently have asylum applications pending with the Immigration and 
Naturalization Service (Service), and their qualified dependents, the 
option of applying to the Service for suspension of deportation or 
cancellation of removal under the statutory requirements set forth in 
NACARA (``special rule cancellation of removal'').

Need for Correction

    As published, the interim rule contains an omission in 
Sec. 240.64(d)(1) and must be amended. Section 240.64(d)(1) provides 
that ``[a]n applicant described in paragraphs (a)(1) or (a)(2) of 
Sec. 240.61 who has submitted a completed Form I-881 to either the 
Service or the Immigration Court shall be presumed to have established 
that deportation or removal from the United States would result in 
extreme hardship to the applicant or to his or her spouse, parent, or 
child, who is a United States citizen or an alien lawfully admitted for 
a permanent residence.'' Certain applicants who are entitled to the 
presumption may already have filed with EOIR an application for relief 
under section 203 of NACARA using EOIR Form-40. Under Sec. 240.63(a) of 
the interim rule, certain applicants who submitted to EOIR a completed 
Form EOIR-40, Application for Suspension of Deportation, before the 
effective date of the Form I-881 may apply with the Service by 
submitting the completed Form EOIR-40 attached to a completed first 
page of the Form I-881. Furthermore, Sec. 240.63(b) of the interim rule 
provides that if jurisdiction rests with the Immigration Court under 
Sec. 260.62(b) of the interim rule, applications for suspension of 
deportation or special rule cancellation of removal filed prior to June 
21, 1999 shall be filed on form EOIR-40. Accordingly, the language of 
Sec. 240.64(d)(1) mut be amended to include the Form EOIR-40.

Corrections


Sec. 240.64(d)  [Corrected]

    1. On page 27878, in the second column, in Sec. 240.64(d)(1), the 
phrase ``who has submitted a completed Form I-881 to either the Service 
or the Immigration Court'' is corrected to read ``who has submitted a 
completed Form I-881 or Form EOIR-40 to either the Service or the 
Immigration Court, in accordance with Sec. 240.63.''

    Dated: June 17, 1999.
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 99-15881 Filed 6-22-99; 8:45 am]
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