[Federal Register: February 28, 2003 (Volume 68, Number 40)]
[Rules and Regulations]
[Page 9823-9846]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe03-37]
[[Page 9823]]
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Part VII
Department of Justice
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8 CFR Parts 1, 3, et al.
28 CFR Part 200
Aliens and Nationality; Homeland Security; Reorganization of
Regulations; Final Rule
[[Page 9824]]
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DEPARTMENT OF JUSTICE
8 CFR Parts 1, 3, 101, 103, 204, 205, 207, 208, 209, 211, 212, 214,
215, 216, 235, 236, 238, 239, 240, 241, 244, 245, 246, 249, 270,
274a, 280, 287, 292, 337, 507, 1001, 1003, 1101, 1103, 1204, 1205,
1207, 1208, 1209, 1211, 1212, 1214, 1215, 1216, 1235, 1236, 1238,
1239, 1240, 1241, 1244, 1245, 1246, 1249, 1270, 1274a, 1280, 1287,
1292, 1299, 1337
28 CFR Part 200
[EOIR No. 137F; AG Order No. 2662-2003]
RIN 1125-AA42
Aliens and Nationality; Homeland Security; Reorganization of
Regulations
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: The Homeland Security Act of 2002, as amended, transfers the
functions of the Immigration and Naturalization Service to the
Department of Homeland Security. The Homeland Security Act of 2002, as
amended, retains in the Department of Justice, under the direction of
the Attorney General, the functions of the Executive Office for
Immigration Review and other functions related to immigration that are
indigenous to the functions of the Attorney General. These changes
require reorganization of title 8 of the Code of Federal Regulations.
This final rule reflects the transfer of functions of the Immigration
and Naturalization Service through the division of jurisdiction over
regulations currently codified in 8 CFR chapter I, by establishing a
new chapter V in 8 CFR, by transferring or duplicating certain parts
and sections to the new chapter V and to 28 CFR chapter I, and by
making other amendments as are necessary to continue existing
authorities after the transfer of functions to the Department of
Homeland Security on March 1, 2003.
DATES: This rule is effective on February 28, 2003.
FOR FURTHER INFORMATION CONTACT: Executive Office for Immigration
Review: Chuck Adkins-Blanch, General Counsel, Executive Office for
Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church,
Virginia 22041, telephone (703) 305-0470; Civil Division: Thomas W.
Hussey, Director, Office of Immigration Litigation, United States
Department of Justice, 950 Pennsylvania Ave. NW., Washington, DC 20530,
telephone (202) 616-4852.
SUPPLEMENTARY INFORMATION:
Background
The Homeland Security Act of 2002, as amended (``HSA''), transfers
the functions of the Immigration and Naturalization Service
(``Service'' or ``INS'') to the Department of Homeland Security
(``DHS''). Pub. L. 107-296, tit. IV, subtits. D, E, F, 116 Stat. 2135,
2192 (Nov. 25, 2002), as amended (``HSA''). The HSA retains in the
Department of Justice, under the direction of the Attorney General, the
functions of the Executive Office for Immigration Review (``EOIR'').
HSA, 116 Stat. at 2273. This rule reflects that transfer through the
division of jurisdiction over regulations currently codified in 8 CFR
Chapter I.
EOIR was created by the Attorney General in 1983 to combine the
functions of immigration judges and the Board of Immigration Appeals
into a single administrative component of the Department of Justice
under the Attorney General. 48 FR 8038 (Feb. 25, 1983). The Office of
the Chief Administrative Hearing Officer (``OCAHO'') and its
administrative law judges were added to EOIR in 1987. 52 FR 44971 (Nov.
24, 1987). This administrative structure separated the administrative
adjudication functions from the enforcement and service functions of
the INS, both for administrative efficiency and to foster independent
judgment in adjudication. However, because both INS and EOIR were
elements of the Department of Justice, the regulations affecting these
components were included in the same chapter. The Attorney General, as
the head of the Department, amended regulations affecting both
components in a coordinated manner. The enactment of the Homeland
Security Act of 2002, and its transfer of functions to the Department
of Homeland Security, now requires that the INS regulations and the
EOIR regulations be placed in separate chapters.
As explained more fully below, this final rule transfers certain
parts that relate to the jurisdiction and procedures of EOIR to a new
chapter V, i.e. administrative review provisions. This rule duplicates
certain parts and sections of the regulations that relate to
proceedings before both the INS and EOIR in both chapter I and chapter
V, respectively, i.e., shared provisions. The rule also makes a number
of technical amendments to both chapters I and V to ensure that the
authorities existing in the INS and EOIR prior to the transfer of
functions of the INS to the Department of Homeland Security continue in
effect after March 1, 2003.
A. Homeland Security Act of 2002 Division of Jurisdiction and
Continuing Relationship
The HSA transfers the enforcement, services, and administrative
functions of the INS to the Department of Homeland Security. HSA
Sec. Sec. 441, 451, 455, 456. In addition, the HSA abolishes the INS.
HSA Sec. 471. The new structure for immigration enforcement, services
and shared services is more fully explained by the HSA, the President's
Reorganization Plan under HSA Sec. 1512, and amendments thereto.\1\
For the purposes of this rule, and to provide the Secretary of Homeland
Security maximum flexibility in the further division of immigration
regulations between components of the Department of Homeland Security,
if he deems appropriate, this rule makes no changes in the immigration
regulations for functions that are being transferred to DHS other than
those necessary to effectuate the division of regulations between the
functions being transferred to DHS and the functions being retained in
the Department of Justice. For purposes of simplicity, this rule
continues to refer to the transferred functions as functions held by
the INS.
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\1\ The Supplementary Information refers to the successor
entities to the INS collectively as the INS for the ease of the
reader. The Secretary of Homeland Security has further refined the
reorganization of functions within the Department of Homeland
Security and a further division of the regulations is expected to be
made. That division of regulations, on or after March 1, 2003, is
not affected by this rule.
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Section 103(g) of the Immigration and Nationality Act, as amended
by section 1102 of the HSA provides:
(1) In General. The Attorney General shall have such authorities
and functions under this Act and all other laws relating to the
immigration and naturalization of aliens as were exercised by the
Executive Office for Immigration Review, or by the Attorney General
with respect to the Executive Office for Immigration Review, on the
day before the effective date [of the Act].
(2) Powers. The Attorney General shall establish such
regulations, prescribe such forms of bond, reports, entries, and
other papers, issue such instructions, review such administrative
determinations in immigration proceedings, delegate such authority,
and perform such other acts as the Attorney General determines to be
necessary for carrying out this section.
The final rule creates, a new chapter V within 8 CFR and moves the
relevant functions to that chapter. The rule also makes other necessary
conforming amendments.
After this rule makes the necessary division of regulations within
title 8 CFR to reflect the transfer of INS authorities, the Secretary
of DHS can
[[Page 9825]]
make substantive changes to INS rules; the Attorney General can make
substantive changes to EOIR rules, and the Secretary and the Attorney
General can consult each other when contemplating changes in those
rules that affect both EOIR and INS.
B. General Comments
The rule makes no substantive change in the regulations. The rule
is a technical rule dividing the regulations for purposes of the
transfer of authorities under the HSA. For the ease of public
understanding, the structure of chapter V has been created in parallel
to the existing structure of chapter I. Accordingly, for example, in
asylum proceedings before immigration judges, applicable provisions of
chapter I, part 208 (e.g., 8 CFR 208.15(a)) are established in parallel
in chapter V, part 1208 (e.g., 8 CFR 1208.15(a)). In creating this
parallel structure, the Attorney General is attempting to provide as
simple a format as possible for all to understand the legal effect of
the transfer, while minimizing the confusion that might occur in
practice before the Service and EOIR. Under this technical
restructuring, incorrect citation to a regulation that has been
transferred into Chapter V will be considered inconsequential.
Similarly, until EOIR updates its forms, the references to sections of
chapter I should be considered to be references to chapter V, as
appropriate.
The rule transfers those parts and sections that deal with
procedures before the immigration judges and Board of Immigration
Appeals to chapter V. This transfer permits future amendment of the
rules without unnecessary conflict with provisions relating to the INS.
Similarly, the elimination of those provisions from chapter I that deal
with proceedings before EOIR permits the amendment of the substantive
regulations of the Service by the Department of Homeland Security
without unnecessary conflict with the Attorney General's regulations
for EOIR.
The rule duplicates a number of parts and sections that affect both
the Service and EOIR, such as the asylum regulations. These provisions
necessarily require coordination between the INS and EOIR. The
Department of Justice has been guided by the principles of the HSA in
duplicating only those provisions that directly affect the authority of
EOIR, but has also necessarily duplicated some provisions that affect
INS until a further and more detailed division can be accomplished in
consultation with the Department of Homeland Security. In this sense,
the rule is interim in nature in that further division and elimination
of a substantial number of sections is expected in the near future. The
inclusion of a section in this duplication process should be understood
as a temporary measure to ensure continuity, not as a permanent
disposition of authority in the Department of Justice.
The rule also makes a number of specific technical amendments to
continue existing authority that cannot be made by simply moving or
duplicating sections. For example, the precedent decisions of the Board
of Immigration Appeals and the INS are published in Administrative
Decisions under the Immigration and Nationality Laws of the United
States, cited as ``I&N Dec.'' However, there is no rule that currently
provides for the publication of Service decisions outside of 8 CFR
103.3, and that provision is incomplete. Accordingly, a provision has
been added to chapter I, part 1, providing for the determination of
precedent decisions within the Department of Homeland Security and
publication of such decisions by EOIR in Administrative Decisions under
the Immigration and Nationality Laws of the United States.
C. Parts and Sections Affecting EOIR Moved
Part 3, and almost all of part 240, are moved to chapter V because
these provisions directly affect only the Executive Office for
Immigration Review and proceedings before EOIR. A more general revision
of these separated provisions is contemplated in the future to further
refine the adjudicatory process, but this rule makes no substantive
change in jurisdiction or procedure.
D. Parts and Sections Affecting INS and EOIR Duplicated
A larger number of parts and sections that are currently in chapter
I are duplicated in chapter V because they establish processes that are
common to both the INS and EOIR. In some cases, for convenience, an
entire part has been moved because substantial portions effect common
procedure, even though particular sections may affect only the INS or
only EOIR. A concerted decision has been made to carry forward the
duplication of entire parts to ensure continuity, even though the
Attorney General and the Secretary may later amend their respective
regulations to further separate the procedures and clarify those
sections that affect each agency. It is not manageable at this time to
detail a complete paragraph-by-paragraph jurisdictional split between
INS and EOIR, and the duplication assures that interpretation will be
consistent until coordinated decisions are made respecting these
procedures. Thus, for example, part 208, relating to asylum and related
forms of relief, is duplicated in part 1208, even though specific
subsections relate only with procedure before INS and other subsections
relate only to procedure before EOIR. Further disposition of these
sections will be made in future rulemaking.
E. Specific Technical Amendments
A number of technical amendments are required to effect a proper
division of the authorities from chapter I. In certain instances, new
sections must be written, and in others cross-references are required.
This is particularly true where only one section or paragraph refers to
processes within EOIR, but otherwise the part or section refers only to
processes of INS. For example, a number of INS processes result in a
decision on an application that may be renewed before an immigration
judge or an appeal taken to the Board of Immigration Appeals. Where the
part or section is otherwise entirely within the scope of the functions
transferred to DHS, only a technical amendment may be necessary to
provide for the appeal with the appropriate cross-reference. The major
technical changes--which go beyond these cross-references--and the
continuity that these changes provide are described below.
Existing 8 CFR Sec. 3.1(g) provides that precedent decisions of
the Board of Immigration Appeals and the Attorney General are binding
on all Service officers. This historical specification was made by the
Attorney General in the course of his overall management of the
Service. However, because of the transfer of functions of the Service
to the Department of Homeland Security, it is necessary to specify this
result in the ongoing regulations of the Service, as well as EOIR. The
provision of Sec. 3.1(g) is, therefore, duplicated in chapter I, part
1, Sec. 103.37(g). This restatement of the binding effect of precedent
decisions effectuates the clear intent of the Congress in section
1101(2) of the HSA, as amended, amending section 103 of the Immigration
and Nationality Act, 8 U.S.C. 1103, by adding subsection (g), and in
transferring the Service to DHS while leaving the immigration
adjudicatory functions of EOIR under the Attorney General.
Moreover, it is necessary to clarify that the Secretary of Homeland
Security may refer cases or questions of law to the Attorney General
for decision at any time, both generally, and pursuant to
[[Page 9826]]
the proviso of section 103(a)(1) of the Act, 8 U.S.C. 1103(a)(1),
relating to the Attorney General's resolution of legal issues. At the
same time, the Attorney General has specified the reservation of the
parallel authority to refer cases to himself for decision at any time.
Similarly, the authority to publish precedential decisions of the
Service in Administrative Decisions under the Immigration and
Nationality Laws of the United States is set forth in new 8 CFR
Sec. Sec. 103.37 and 1003.1(i). New Sec. 103.37 is added to ensure
that the Secretary of Homeland Security can continue to publish
appropriate precedent decisions. See, e.g., Matter of Safetran, 20 I&N
Dec. 49 (Comm. 1989).
The fees that are charged for applications for relief filed with
the INS are also collected in conjunction with applications filed with
the immigration judges and, on occasion, on motions to reopen before
the Board of Immigration Appeals. A specific authorization is included
in chapter V, referencing the fees charged by the Service for these
applications. A separate table is not developed within EOIR for the
simple reason that the INS must recalculate the fees periodically to
conform them to the actual costs, as more fully explained in each of
the fee change regulations. Rather than coordinate each change, in a
situation in which EOIR does not have an interest in the substance of
the fee calculation, but only in the actual fee imposed, it makes more
sense to reference the fees charged by the Service as established in 8
CFR 103.7. This provision does not alter the filing fee for appeals and
motions before the Board of Immigration Appeals.
Finally, some specific provisions are moved or not moved,
duplicated or not duplicated, because that process provides the
simplest means of effecting the division of the regulations without
substantive effect. For example, part 240 of chapter I is moved to part
1240 of chapter V, with the exception of Sec. 240.25, which deals with
the Service's authority to grant voluntary departure. Similarly, Sec.
240.21 and Subpart H are duplicated because these provisions affect
both INS and EOIR.
F. Summary of the Changes From 8 CFR Chapter I to Chapter V
Set out below are general descriptions of the sets of changes in
chapter I to chapter V and the rationale for each set of changes.
Part 1--Definitions, is duplicated in part 1001, because the same
definitions apply to INS and EOIR.
Part 3--Executive Office for Immigration Review, is transferred to
part 1003, because this part is the organic regulation for EOIR.
Additionally, provisions have been added to clarify certification
procedures and the authority of the Secretary of Homeland Security to
designate specific officials to certify cases and questions of law to
the Attorney General pursuant to redesignated 8 CFR 1003.1(h). These
provisions are provided in parallel for the Department of Homeland
Security in a new section of part 3. Finally, savings provisions are
added to part 103 and part 1003 to clarify that the jurisdiction and
procedures in effect on February 28, 2003, continue in effect after the
transition on March 1, 2003.
Part 101--Presumption of lawful admission, is duplicated as part
1101, because it establishes a necessary presumption under the Act for
both INS and EOIR.
Part 103--Powers and duties of service officers; availability of
service records, is partially duplicated and is amended in several
sections to ensure that the existing practices of EOIR are not changed
through the transfer of functions.
Part 205--Revocation of approval of petitions, is duplicated as
part 1205 because the revocation of petitions involves substantial
appeals to the Board of Immigration Appeals and the provisions
intermingle the jurisdiction and procedures before the Board of
Immigration Appeals with the substantive provisions for revocation of
approval of petitions.
Part 207--Admission of refugees, is duplicated in part in part
1207. Only Sec. 207.3 necessarily involves procedure before the
Executive Office for Immigration Review and this is the only section
that is duplicated.
Part 208--Proceedings for asylum and withholding of removal, is
duplicated in part 1208 because these provisions relate to both INS and
EOIR and are so interrelated that no simple division of jurisdiction is
possible. The Department of Justice expects that further division will
be accomplished by the Department of Homeland Security and the
Department of Justice at a later time.
Part 209--Adjustment of status of refugees and aliens granted
asylum, is duplicated as part 1209. For the most part, adjustment of
status is accomplished administratively by INS, but provisions that are
affected by EOIR are intermingled in this part.
Part 211--Documentary requirements; immigrants; waivers, is
duplicated in part in part 1211. The only section that is duplicated is
Sec. 211.4, Waiver of documents of returning residents, and this
section is duplicated because the section contains the predicate
jurisdiction of immigration judges to consider an renewed application
in proceedings.
Part 212--Documentary requirements: nonimmigrants: waivers;
admission of certain inadmissible aliens; parole, is duplicated in part
1212 because these provisions relate to both INS and EOIR and are so
interrelated that no simple division of jurisdiction is possible. Part
212 provides the predicates and standards for proceedings to exclude
aliens from the United States.
Part 214--Nonimmigrant classes, is duplicated in part in part 1214,
because the specific duplicated provisions provide the jurisdictional
predicates for review of certain waiver applications by immigration
judges.
Part 215--Controls of aliens departing from the United States, is
duplicated in part 1215. Although these provisions have been rarely
used, they include a number of jurisdictional predicates for review of
administrative decisions by an immigration judge, called a special
inquiry officer in these sections. These regulations are joint
regulations with the Secretary of State, see 22 CFR part 46, and may
require further refinement in the future.
Part 216--Conditional basis of lawful permanent residence status,
is duplicated in part 1216. This part contains both the administrative
and adjudicatory process for revoking the conditional basis for lawful
permanent residence based upon marriage.
Part 235--Inspection of persons applying for admission, is
duplicated in part 1235 because nearly all of the provisions of this
part affect bond hearings before immigration judges.
Part 236--Apprehension and detention of inadmissible and deportable
aliens, removal of aliens ordered removed, is duplicated in part in
part 1236. Subpart A relates to the determinations of inadmissibility
and deportability of aliens and is duplicated in part 1236. Subpart B
of part 236, however, relates to the INS Family Unity Program, which
does not relate to EOIR processes. Accordingly, Subpart B is not
duplicated, although it may be interpreted in appropriate proceedings.
Part 238--Expedited removal of aggravated felons, is duplicated in
part 1238 because the expedited removal under this part can be
converted to ordinary removal proceedings before an immigration judge
under part 240, and initiated proceedings under part 240 may, upon
approval of the immigration judge, be terminated and the INS may then
file expedited removal proceedings under part 238.
Part 239--Initiation of removal proceedings, is duplicated as part
1239 because the initiation of proceedings
[[Page 9827]]
before immigration judges is a detailed mix of authority of service
officers to initiate and file charges before an immigration judge.
Part 240--Proceedings to determine removability of aliens in the
United States, is largely transferred to part 1240, as proceedings
before immigration judges. However, 8 CFR 240.25, which is the INS
authority for voluntary departure, is not transferred. Furthermore, 8
CFR 240.21, and subpart H, are duplicated in new part 1240 because
these provisions affect both the INS and EOIR. The Department expects,
as in many other cases, a further division of these parts will be
effected by further regulatory actions by the Department of Homeland
Security and the Department of Justice.
Part 241--Apprehension and detention of aliens ordered removed, is
duplicated in part 1241 because the finality and implementation of
final orders of removal issued by immigration judges and the Board of
Immigration Appeals regularly involve the authority of EOIR and
interpretation of these regulations by both the INS and EOIR. In
particular, changes in the bonding and surrender process currently
under consideration will require changes in the authority of both EOIR
and the successor agencies of INS within DHS.
Part 244--Temporary protected status for national of designated
states, is duplicated in part 1244 because many of the decisions under
temporary protected status are made by immigration judges and the Board
of Immigration Appeals. Sections 244.1, 244.7, 244.11, and 244.18 all
refer to immigration judges' decisional authority. Section 244.20 has a
unique fee waiver provisions that also implicates administration and
proceedings before EOIR. This duplication will require further
refinement to clarify the authority of Secretary of Homeland Security
to designate countries for temporary protected status purposes and the
duplication should not be viewed as any indication that the Department
of Justice is involved in those future decisions. The duplication is
necessary at this time to ensure continuity and will be subject to
further adjustment by the Department of Homeland Security and the
Department of Justice.
Part 245--Adjustment of status to that of person admitted for
permanent residence, is duplicated in part 1245 because jurisdiction is
intermingled throughout the part. See Matter of Artigas, 23 I&N Dec. 99
(BIA 2001). Further refinement of the division of authority and
detailed technical amendments will be required in the future.
Part 246--Rescission of adjustment of status, is duplicated in part
1246 because the part provides the comprehensive procedure before both
the Service and EOIR for the rescission of adjustment of status to
lawful permanent residence.
Part 249--Creation of records of lawful admission for permanent
residence, is duplicated in part 1249 because this part includes both
the Service and EOIR procedures for registry of lawful permanent
residence. Although the statutory requirements for registry limit the
number of cases that arise under this part, the division of authority
requires further detailed analysis.
Part 270--Penalties for document fraud, is duplicated in part 1270
because this part sets forth the procedures for document fraud cases
before both the Service and the administrative law judges of EOIR. See
also 28 CFR Part 68.
Part 274a--Control of employment of aliens, is duplicated as part
1274a because it contains substantial definitional and procedural
material relevant to both the INS and the Special Counsel for
Immigration-Related Unfair Employment Practices of the Civil Rights
Division of the Department of Justice under 28 CFR 0.53, as well as the
predicates to administrative proceedings before administrative law
judges in EOIR.
Part 280--Imposition and collection of fines, is duplicated in part
1280 because this part is interpreted by the Board of Immigration
Appeals in fines appeals. Substantial portions of this duplicated part
will ultimately be removed as the jurisdiction of such fines is
ultimately transferred from the Board of Immigration Appeals to the
administrative law judges of EOIR as previously proposed in other
rulemaking. 67 FR 7309 (Feb. 22, 2002).
Part 287--Field officers; powers and duties, is duplicated in part
in part 1287 because several discrete provisions of this part provide
the underpinnings for specific authority of immigration judges. In
particular, the subpoena authority of Sec. 287.4 provides the
mechanism for subpoenas before immigration judges. Certification of
official records before an immigration judge is provided in Sec.
287.6.
Several sections of part 287 that are not amended or duplicated
implicate other authorities of the Attorney General as the United
States' prosecutor, including Sec. 287.5 delegations of authority to
the Deputy Attorney General to approve the expansion of criminal law
enforcement authority in certain areas. That provision, in particular,
relates to the Attorney General's inherent authority to manage the
criminal law enforcement community, and the delegations that he has
made to the Deputy Attorney General to manage the Department. 28 CFR
0.15(a). As with the past practice of the Department, changes in these
criminal law enforcement powers are governed by executive branch
policies that include review and recommendations from the Criminal
Division, through the Deputy Attorney General, to the Attorney General
for final determination regarding agencies outside the Department of
Justice. The unique regulatory authority in part 287 is the product of
statutory requirements in section 287(a)(4) of the Immigration and
Nationality Act, 8 U.S.C. 1357(a)(4), as amended by 503(a) of the
Immigration Act of 1990, Pub. L. No. 101-690, 104 Stat. 4978 (Nov. 29,
1990). These provisions will require further coordination between the
Department of Homeland Security and the Department of Justice.
Part 292--Representation and appearances, is duplicated in part
1292 because representation of aliens before INS and EOIR has
historically been considered as a single process and will continue to
be so considered for the foreseeable future.
Part 299--Immigration forms, is not duplicated, but is referred to
in new part 1299. EOIR will continue to utilize INS forms for most
purposes, such as to establish a basis for asylum, adjustment of
status, etc. There is no need to create new forms to replicate the
forms that are already in use. By the same token, however, there are a
number of forms that provide information that is useful to immigration
judges in adjudicating cases, and, therefore, the Director of EOIR is
authorized to designate the version of the forms to be used.
Part 337--Oath of allegiance, is duplicated in part 1337 only
because it involves the authority of immigration judges to administer
the oath of citizenship in naturalization ceremonies, and related
authorities.
Part 507--Alien terrorist removal procedures, is moved to newly
created 28 CFR part 200, to reflect the operational functions of the
Office for Immigration Litigation within the Civil Division, which is
delegated authority to represent the United States before the Alien
Terrorist Removal Court, and the fact that this process is not
administrative in nature, but judicial, before Article III judges
designated by the Chief Justice of the United States. The sole
provision in this part refers to the Attorney General's authority to
make a final determination of eligibility
[[Page 9828]]
for relief from a judicial order of removal from the Alien Terrorist
Removal Court on the grounds that such post-judicial removal would
violate the Convention Against Torture.
H. Changes Deferred
A number of changes will need to be made in the future, but are not
made at this time. For example, part 215, concerning departure control,
refers to ``special inquiry officers'' instead of immigration judges.
This is not uncommon in the older provisions of 8 CFR that have not
been amended since 1987. Amendments to this particular part require the
concurrence of the Secretary of State because this part is a parallel
to 22 CFR part 46. Rather than attempt to conform two separate parts,
neither of which will remain within the jurisdiction of the Attorney
General, this commonly understood term--a historical anomaly that
predates the creation of EOIR and means ``immigration judge''--is left
in place until such time as the Secretary of State and the Secretary of
Homeland Security determine to change the substantive regulations, at
which time they, and the Attorney General, will make this necessary but
only technical adjustment.
I. Cross-References
The Department will publish in the very near future a table of
changes of cross-references in parts of chapter V to other parts of
chapter V, and other conforming technical changes.
Administrative Procedure Act
The Department of Justice finds that good cause exists for adopting
this rule as a final rule and without public notice and comment under 5
U.S.C. 553 because this rule only makes technical amendments to the
organization, procedures, and practices of the Department of Justice to
improve the organization of the regulations of the Department of
Justice and reflects the transfer of functions contemplated by the
Homeland Security Act of 2002. Similarly, because this final rule makes
changes in internal delegations and procedures, and is a recodification
of existing regulations, this final rule is not subject to the
effective date limitation of 5 U.S.C. 553(d).
Regulatory Flexibility Act
Because no notice of proposed rule-making is required for this rule
under the Administrative Procedure Act (5 U.S.C. 553), the provisions
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this final rule because there are no new or
revised record keeping or reporting requirements.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 12866
This rule has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department has determined that this rule is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
Regulatory Planning and Review.
Executive Order 13132
This 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 13132, the Department of Justice has determined that
this rule does not have sufficient federalism implications to warrant a
federalism summary impact statement.
Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.
List of Subjects
8 CFR Part 1
Administrative practice and procedure and Immigration.
8 CFR Part 3
Administrative practice and procedure, Aliens, Immigration, Legal
Services, Organization and function (Government agencies).
8 CFR Part 101
Immigration.
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements and Surety bonds.
8 CFR Part 204
Administrative practice and procedure, Immigration and Reporting
and recordkeeping requirements.
8 CFR Part 205
Administrative practice and procedure and Immigration.
8 CFR Part 207
Immigration, Refugees and Reporting and recordkeeping requirements.
8 CFR Part 208
Administrative practice and procedure, Aliens, Immigration and
Reporting and recordkeeping requirements.
8 CFR Part 211
Immigration, Passports and visas and Reporting and recordkeeping
requirements.
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas and Reporting and recordkeeping requirements.
8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange
programs, Employment, Foreign officials, Health professions, Reporting
and recordkeeping requirements and Students.
8 CFR Part 215
Administrative practice and procedure, Aliens and Travel
restrictions.
[[Page 9829]]
8 CFR Part 216
Administrative practice and procedure, and Aliens.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration and
Reporting and recordkeeping requirements.
8 CFR Part 236
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 238
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 239
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 240
Administrative practice and procedure and Aliens.
8 CFR Part 241
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 244
Administrative practice and procedure and Immigration.
8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 246
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 249
Aliens, Immigration and Reporting and recordkeeping requirements.
8 CFR Part 270
Administrative practice and procedure, Aliens, Employment, Fraud
and Penalties.
8 CFR Part 274a
Administrative practice and procedure, Aliens, Employment,
Penalties, and Reporting and recordkeeping requirements.
8 CFR Part 280
Administrative practice and procedure, Immigration and Penalties.
8 CFR Part 287
Immigration and Law enforcement officers.
8 CFR Part 292
Administrative practice and procedure, Immigration, Lawyers and
Reporting and recordkeeping requirements.
8 CFR Part 337
Citizenship and naturalization and Courts.
8 CFR Part 507
Aliens, terrorism.
8 CFR Part 1001
Administrative practice and procedure and Immigration.
8 CFR Part 1003
Administrative practice and procedure, Aliens, Immigration, Legal
Services, Organization and function (Government agencies).
8 CFR Part 1101
Immigration.
8 CFR Part 1103
Administrative practice and procedure, Authority delegations
(Government agencies), Reporting and recordkeeping requirements.
8 CFR Part 1204
Administrative practice and procedure, Immigration and Reporting
and recordkeeping requirements.
8 CFR Part 1205
Administrative practice and procedure and Immigration.
8 CFR Part 1207
Immigration, Refugees and Reporting and recordkeeping requirements.
8 CFR Part 1208
Administrative practice and procedure, Aliens, Immigration and
Reporting and recordkeeping requirements.
8 CFR Part 1211
Immigration, Passports and visas and Reporting and recordkeeping
requirements.
8 CFR Part 1212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas and Reporting and recordkeeping requirements.
8 CFR Part 1214
Administrative practice and procedure, Aliens.
8 CFR Part 1215
Administrative practice and procedure, Aliens and Travel
restrictions.
8 CFR Part 1216
Administrative practice and procedure, and Aliens.
8 CFR Part 1235
Administrative practice and procedure, Aliens, Immigration and
Reporting and recordkeeping requirements.
8 CFR Part 1236
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 1238
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 1239
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 1240
Administrative practice and procedure and Aliens.
8 CFR Part 1241
Administrative practice and procedure, Aliens and Immigration.
8 CFR Part 1244
Administrative practice and procedure and Immigration.
8 CFR Part 1245
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 1246
Administrative practice and procedure, Aliens and Immigration
8 CFR Part 1249
Aliens, Immigration and Reporting and recordkeeping requirements.
8 CFR Part 1270
Administrative practice and procedure, Aliens, Employment, Fraud
and Penalties.
8 CFR Part 274a
Administrative practice and procedure, Aliens, Employment,
Penalties, and Reporting and recordkeeping requirements.
8 CFR Part 1280
Administrative practice and procedure, Immigration and Penalties.
8 CFR Part 1287
Immigration and Law enforcement officers.
8 CFR Part 1292
Administrative practice and procedure, Immigration, Lawyers and
Reporting and recordkeeping requirements.
8 CFR Part 1299
Immigration and Reporting and recordkeeping requirements.
[[Page 9830]]
8 CFR Part 1337
Citizenship and naturalization and Courts.
28 CFR Part 200
Aliens, terrorism.
Authority and Issuance
For the reasons set forth in the preamble, the Department of
Justice amends titles 8 and 28 of the Code of Federal Regulations as
follows:
TITLE 8--ALIENS AND NATIONALITY
CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF
JUSTICE
Subchapter A--General Provisions
Subchapter B--Immigration Regulations
Subchapter C--Nationality Regulations
1. Amend title 8 CFR by establishing chapter V and its related
subchapters to read as set forth above.
Chapter I, Subchapter A
PART 1--[DUPLICATED AS CHAPTER V, PART 1001]
Chapter V, Subchapter A
PART 1001--DEFINITIONS
2. All sections in part 1 are duplicated in part 1001, as set out
in the following table:
------------------------------------------------------------------------
Is duplicated in
Part 1 Heading Part 1001 as
------------------------------------------------------------------------
Sec. 1.1.................... Definitions........... Sec. 1001.1
------------------------------------------------------------------------
2a. The authority citation for newly designated part 1001 continues
to read as follows:
Authority: 8 U.S.C. 1101; 8 CFR part 2.
Chapter I, Subchapter A
PART 3--[REDESIGNATED AS PART 1003]
3. Transfer 8 CFR part 3 from chapter I, subchapter A, to chapter
V, subchapter A, and designate as 8 CFR part 1003.
Chapter V, Subchapter A
PART 1003--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
4. All sections of the newly redesignated part 1003 are set forth
in the following table:
------------------------------------------------------------------------
Is transferred
Part 3 Heading and designated
as Part 1003
------------------------------------------------------------------------
Sec. 3.0.................... Executive Office for Sec. 1003.0
Immigration Review.
-------------------------------
Subpart A
------------------------------------------------------------------------
Sec. 3.1.................... Organization, Sec. 1003.1
jurisdiction, and
powers of the Board
of Immigration
Appeals.
Sec. 3.2.................... Reopening or Sec. 1003.2
reconsideration
before the Board of
Immigration Appeals.
Sec. 3.3.................... Notice of Appeal...... Sec. 1003.3
Sec. 3.4.................... Withdrawal of appeal.. Sec. 1003.4
Sec. 3.5.................... Forwarding of record Sec. 1003.5
on appeal.
Sec. 3.6.................... Stay of execution of Sec. 1003.6
decision.
Sec. 3.7.................... Notice of Sec. 1003.7
Certification.
Sec. 3.8.................... Fees.................. Sec. 1003.8
-------------------------------
Subpart B
------------------------------------------------------------------------
Sec. 3.9.................... Chief Immigration Sec. 1003.9
Judge.
Sec. 3.10................... Immigration Judges.... Sec. 1003.10
Sec. 3.11................... Administrative control Sec. 1003.11
Immigration Courts.
-------------------------------
Subpart C
------------------------------------------------------------------------
Sec. 3.12................... Scope of rules........ Sec. 1003.12
Sec. 3.13................... Definitions........... Sec. 1003.13
Sec. 3.14................... Jurisdiction and Sec. 1003.14
commencement of
proceedings.
Sec. 3.15................... Contents of the order Sec. 1003.15
to show cause and
notice to appear and
notification of
change of address.
Sec. 3.16................... Representation........ Sec. 1003.16
Sec. 3.17................... Appearances........... Sec. 1003.17
Sec. 3.18................... Scheduling of cases... Sec. 1003.18
Sec. 3.19................... Custody/bond.......... Sec. 1003.19
Sec. 3.20................... Change of venue....... Sec. 1003.20
Sec. 3.21................... Pre-hearing Sec. 1003.21
conferences and
statement.
Sec. 3.22................... Interpreters.......... Sec. 1003.22
Sec. 3.23................... Reopening or Sec. 1003.23
reconsideration
before the
Immigration Court.
Sec. 3.24................... Fees pertaining to Sec. 1003.24
matters within the
jurisdiction of the
Immigration Judge.
Sec. 3.25................... Form of the proceeding Sec. 1003.25
Sec. 3.26................... In absentia hearings.. Sec. 1003.26
[[Page 9831]]
Sec. 3.27................... Public access to Sec. 1003.27
hearings.
Sec. 3.28................... Recording equipment... Sec. 1003.28
Sec. 3.29................... Continuances.......... Sec. 1003.29
Sec. 3.30................... Additional charges in Sec. 1003.30
deportation or
removal hearings.
Sec. 3.31................... Filing documents and Sec. 1003.31
applications.
Sec. 3.32................... Service and size of Sec. 1003.32
documents.
Sec. 3.33................... Translation of Sec. 1003.33
documents.
Sec. 3.34................... Testimony............. Sec. 1003.34
Sec. 3.35................... Depositions and Sec. 1003.35
subpoenas.
Sec. 3.36................... Record of proceeding.. Sec. 1003.36
Sec. 3.37................... Decisions............. Sec. 1003.37
Sec. 3.38................... Appeals............... Sec. 1003.38
Sec. 3.39................... Finality of decision.. Sec. 1003.39
Sec. 3.40................... Local operating Sec. 1003.40
procedures.
Sec. 3.41................... Evidence of criminal Sec. 1003.41
conviction.
Sec. 3.42................... Review of credible Sec. 1003.42
fear determination.
Sec. 3.43................... Motions to reopen for Sec. 1003.43
suspension of
deportation and
cancellation of
removal pursuant to
section 203(c) of
NACARA and section
1505(c) of the LIFE
Act Amendments.
Sec. 3.44................... Motion to reopen to Sec. 1003.44
apply for section
212(c) relief for
certain aliens in
deportation
proceedings before
April 24, 1996.
Sec. 3.46................... Protective orders, Sec. 1003.46
sealed submissions in
Immigration Courts.
-------------------------------
Subpart D--Reserved
------------------------------------------------------------------------
Subpart E
------------------------------------------------------------------------
Sec. 3.61.............................................................
Sec. 3.62.............................................................
Sec. 3.63.............................................................
Sec. 3.64.............................................................
Sec. 3.65.............................................................
------------------------------------------------------------------------
Subpart F--Reserved
------------------------------------------------------------------------
Subpart G
------------------------------------------------------------------------
Sec. 3.101.................. General provisions.... Sec. 1003.101
Sec. 3.102.................. Grounds............... Sec. 1003.102
Sec. 3.103.................. Immediate suspension Sec. 1003.103
and summary
disciplinary
proceedings; duty of
practitioner to
notify EOIR of
conviction or
discipline.
Sec. 3.104.................. Filing of complaints; Sec. 1003.104
preliminary inquires;
resolutions; referral
of complaints.
Sec. 3.105.................. Notice of Intent to Sec. 1003.105
Discipline.
Sec. 3.106.................. Hearing and Sec. 1003.106
disposition.
Sec. 3.107.................. Reinstatement after Sec. 1003.107
expulsion or
suspension.
Sec. 3.108.................. Confidentiality....... Sec. 1003.108
Sec. 3.109.................. Discipline of Sec. 1003.109
government attorneys.
------------------------------------------------------------------------
4a. The authority citation for the newly redesignated part 1003
continues to read as follows:
Authority: 5 U.S.C. 301; 8 U.S.C. 1101 note, 1103, 1252 note,
1252b, 1324b, 1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan
No. 2 of 1950, 3 CFR, 1949-1953 Comp., p. 1002; section 203 of Pub.
L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L.
106-386; 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-
554, 114 Stat. 2763A-326 to -328.
5. A new 8 CFR part 3 is added to read as follows:
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
Authority: 5 U.S.C. 301; 8 U.S.C. 1101 note, 1103, 1252 note,
1252b, 1324b, 1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan
No. 2 of 1950, 3 CFR, 1949-1953 Comp., p. 1002; section 203 of Pub.
L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L.
106-386; 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-
554, 114 Stat. 2763A-326 to -328.
Sec. 3.0 Executive Office for Immigration Review
Regulations of the Executive Office for Immigration Review relating
to the adjudication of immigration matters before immigration judges
(referred to in some regulations as special inquiry officers) and the
Board of Immigration Appeals are located in 8 CFR chapter V, part 1003.
PART 1003--[FURTHER AMENDED]
6. Section 1003.1 is amended by revising paragraphs (g) and (h) and
adding paragraphs (i) through (j) to read as follows:
Sec. 1003.1 Organization, jurisdiction, and powers of the Board of
Immigration Appeals.
* * * * *
(g) Decisions as precedents. Except as Board decisions may be
modified or overruled by the Board or the Attorney General, decisions
of the Board, and
[[Page 9832]]
decisions of the Attorney General, shall be binding on all officers and
employees of the Department of Homeland Security or immigration judges
in the administration of the immigration laws of the United States. By
majority vote of the permanent Board members, selected decisions of the
Board rendered by a three-member panel or by the Board en banc may be
designated to serve as precedents in all proceedings involving the same
issue or issues. Selected decisions designated by the Board, decisions
of the Attorney General, and decisions of the Secretary of Homeland
Security to the extent authorized in paragraph (i) of this section,
shall serve as precedents in all proceedings involving the same issue
or issues.
(h) Referral of cases to the Attorney General. (1) The Board shall
refer to the Attorney General for review of its decision all cases
that:
(i) The Attorney General directs the Board to refer to him.
(ii) The Chairman or a majority of the Board believes should be
referred to the Attorney General for review.
(iii) The Secretary of Homeland Security, or specific officials of
the Department of Homeland Security designated by the Secretary with
the concurrence of the Attorney General, refers to the Attorney General
for review.
(2) In any case the Attorney General decides, the Attorney
General's decision shall be stated in writing and shall be transmitted
to the Board or Secretary, as appropriate, for transmittal and service
as provided in paragraph (f) of this section.
(i) Publication of Secretary's precedent decisions. The Secretary
of Homeland Security, or specific officials of the Department of
Homeland Security designated by the Secretary with the concurrence of
the Attorney General, may file with the Attorney General decisions
relating to the administration of the immigration laws of the United
States for publication as precedent in future proceedings, and, upon
approval of the Attorney General as to the lawfulness of such decision,
the Director of the Executive Office for Immigration Review shall cause
such decisions to be published in the same manner as decisions of the
Board and the Attorney General.
(j) Continuation of jurisdiction and procedure. The jurisdiction
of, and procedures before, the Board of Immigration Appeals in
exclusion, deportation, removal, rescission, asylum-only, and any other
proceedings, shall remain in effect as in effect on February 28, 2003,
until the regulations in this chapter are further modified by the
Attorney General. Where a decision of an officer of the Immigration and
Naturalization Service was, before March 1, 2003, appealable to the
Board or to an immigration judge, or an application denied could be
renewed in proceedings before an immigration judge, the same authority
and procedures shall be followed until further modified by the Attorney
General.
7. Section 1003.14 is amended by adding a new paragraph (d) to read
as follows:
Sec. 1003.14 Jurisdiction and commencement of proceedings.
* * * * *
(d) The jurisdiction of, and procedures before, immigration judges
in exclusion, deportation and removal, rescission, asylum-only, and any
other proceedings shall remain in effect as it was in effect on
February 28, 2003, until the regulations in this chapter are further
modified by the Attorney General. Where a decision of an officer of the
Immigration and Naturalization Service was, before March 1, 2003,
appealable to the Board or an immigration judge, or an application
denied could be renewed in proceedings before an immigration judge, the
same authority and procedures shall be followed until further modified
by the Attorney General.
Chapter I, Subchapter B
PART 101--[DUPLICATED AS CHAPTER V, PART 1101]
Chapter V, Subchapter B
PART 1101--PRESUMPTION OF LAWFUL ADMISSION
8. All the sections in part 101 are duplicated in a new part 1101
in 8 CFR chapter V, subchapter B, as set forth in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 101 Heading Part 1101
------------------------------------------------------------------------
Sec. 101.1.................. Presumption of lawful Sec. 1101.1
admission.
Sec. 101.2.................. Presumption of lawful Sec. 1101.2
admission; entry
under erroneous name
or other errors.
Sec. 101.3.................. Creation of record of Sec. 1101.3
lawful permanent
resident status for
person born under
diplomatic status in
the United States.
Sec. 101.4.................. Registration procedure Sec. 1101.4
Sec. 101.5.................. Special immigrant Sec. 1101.5
status for certain G-
4 nonimmigrants.
------------------------------------------------------------------------
8a. The authority citation newly duplicated part 1101 continues to
read as follows:
Authority: 8 U.S.C. 1103, 8 CFR part 2.
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
9. The authority citation for part 103 continues to read as
follows:
Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356;
31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp.,
p. 166; 8 CFR part 2.
10. Amend Sec. 103.3 by removing from paragraph (c) ``Sec. 3.1(g)
of this chapter,'' and adding in its place ``Sec. 1003.1(g) of chapter
V,'' and by adding at the beginning of paragraph (c) a new sentence to
read as follows:
Sec. 103.3 Denials, appeals, and precedent decisions.
* * * * *
(c) Service precedent decisions. The Secretary of Homeland
Security, or specific officials of the Department of Homeland Security
designated by the Secretary with the concurrence of the Attorney
General, may file with the Attorney General decisions relating to the
administration of the immigration laws of the United States for
publication as precedent in future proceedings, and upon approval of
the Attorney General as to the lawfulness of such decision, the
Director of the Executive Office for Immigration Review shall cause
such decisions to be published in the same manner as decisions of the
Board and the Attorney General. * * *
11. Add Sec. 103.37 to read as follows:
Sec. 103.37 Precedent decisions.
(a) Proceedings before the immigration judges, the Board of
Immigration Appeals and the Attorney
[[Page 9833]]
General are governed by part 1003 of 8 CFR chapter V.
(b)-(f) [Reserved.]
(g) Decisions as precedents. Except as Board decisions may be
modified or overruled by the Board or the Attorney General, decisions
of the Board, and decisions of the Attorney General, shall be binding
on all officers and employees of the Department of Homeland Security or
immigration judges in the administration of the immigration laws of the
United States. By majority vote of the permanent Board members,
selected decisions of the Board rendered by a three-member panel or by
the Board en banc may be designated to serve as precedents in all
proceedings involving the same issue or issues. Selected decisions
designated by the Board, decisions of the Attorney General, and
decisions of the Secretary of Homeland Security to the extent
authorized in paragraph (i) of this section, shall serve as precedents
in all proceedings involving the same issue or issues.
(h) Referral of cases to the Attorney General. (1) The Board shall
refer to the Attorney General for review of its decision all cases
which:
(i) The Attorney General directs the Board to refer to him.
(ii) The Chairman or a majority of the Board believes should be
referred to the Attorney General for review.
(iii) The Secretary of Homeland Security, or specific officials of
the Department of Homeland Security designated by the Secretary with
the concurrence of the Attorney General, refers to the Attorney General
for review.
(2) In any case the Attorney General decides, the Attorney
General's decision shall be stated in writing and shall be transmitted
to the Board or Secretary, as appropriate, for transmittal and service
as provided in paragraph (f) of this section.
(i) Publication of Secretary's precedent decisions. The Secretary
of Homeland Security, or specific officials of the Department of
Homeland Security designated by the Secretary with the concurrence of
the Attorney General, may file with the Attorney General Service
precedent decisions as set forth in Sec. 103.3(c).
Chapter I, Subchapter B
PART 103--[DUPLICATED IN PART AS PART 1103]
Chapter V, Subchapter B
PART 1103--APPEALS, RECORDS, AND FEES
12. Sections 103.3, 103.4 and 103.7 of part 103 are duplicated in
part 1103 and redesignated as set forth in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 103 Heading Part 1103
------------------------------------------------------------------------
Sec. 103.3.................. Denials, appeals, and Sec. 1103.3
precedent decisions.
Sec. 103.4.................. Certifications........ Sec. 1103.4
Sec. 103.7.................. Fees.................. Sec. 1103.7
------------------------------------------------------------------------
12a. The authority citation for newly duplicated part 1103 is
revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; 28
U.S.C. 509, 510.
Chapter V, Subchapter B
13. Add part 1204 to read as follows:
PART 1204--IMMIGRANT PETITIONS
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,
1255, 1641; 8 CFR part 2.
Sec. 1204.1 Single level of appellate review.
The decision of the Board of Immigration Appeals concerning the
denial of a relative visa petition under 8 CFR chapter I, part 204
because the petitioner failed to establish eligibility for the bona
fide marriage exemption contained in that part will constitute the
single level of appellate review established by statute.
PART 205--[DUPLICATED AS PART 1205]
Chapter V, Subchapter B
PART 1205--REVOCATION OF APPROVAL OF PETITIONS
14. All sections in part 205 are duplicated in part 1205, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 205 Heading Part 1205
------------------------------------------------------------------------
Sec. 205.1.................. Automatic Revocation.. Sec. 1205.1
Sec. 205.2.................. Revocation on notice.. Sec. 1205.2
------------------------------------------------------------------------
14a. The authority citation for newly designated part 1205
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1155, 1182,
and 1186a.
Chapter I, Subchapter B
PART 207--[DUPLICATED IN PART AS PART 1207]
Chapter V, Subchapter B
PART 1207--ADMISSION OF REFUGEES
15. Section 207.3 is duplicated in part 1207 of chapter V,
subchapter B of 8 CFR, as section 1207.3.
15a. The authority citation for newly designated part 1207
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1159, 1182; 8 CFR
part 2.
[[Page 9834]]
Chapter I, Subchapter B
PART 208--[DUPLICATED AS PART 1208]
Chapter V, Subchapter B
PART 1208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
16. All sections in part 208 are duplicated in part 1208, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 208 Heading Part 1208
------------------------------------------------------------------------
Subpart A
------------------------------------------------------------------------
Sec. 208.1.................. General............... Sec. 1208.1
Sec. 208.2.................. Jurisdiction.......... Sec. 1208.2
Sec. 208.3.................. Form of application... Sec. 1208.3
Sec. 208.4.................. Filing the application Sec. 1208.4
Sec. 208.5.................. Special duties toward Sec. 1208.5
aliens in custody of
the Service.
Sec. 208.6.................. Disclosure to third Sec. 1208.6
parties.
Sec. 208.7.................. Employment Sec. 1208.7
authorization.
Sec. 208.8.................. Limitations on travel Sec. 1208.8
outside the United
States.
Sec. 208.9.................. Procedure for Sec. 1208.9
interview before an
asylum officer.
Sec. 208.10................. Failure to appear at Sec. 1208.10
an interview before
an asylum officer or
failure to follow
requirements for
fingerprint
processing.
Sec. 208.11................. Comments from the Sec. 1208.11
Department of State.
Sec. 208.12................. Reliance on Sec. 1208.12
information compiled
by other sources.
Sec. 208.13................. Establishing asylum Sec. 1208.13
eligibility.
Sec. 208.14................. Approval, denial, Sec. 1208.14
referral, or
dismissal of
application.
Sec. 208.15................. Definition of ``firm Sec. 1208.15
resettlement''.
Sec. 208.16................. Withholding of removal Sec. 1208.16
under section
241(b)(3)(B) of the
Act and withholding
of removal under the
Convention Against
Torture.
Sec. 208.17................. Deferral of removal Sec. 1208.17
under the Convention
Against Torture.
Sec. 208.18................. Implementation of the Sec. 1208.18
Convention Against
Torture.
Sec. 208.19................. Decisions............. Sec. 1208.19
Sec. 208.20................. Determining if an Sec. 1208.20
asylum application is
frivolous.
Sec. 208.21................. Admission of the Sec. 1208.21
asylee's spouse and
children.
Sec. 208.22................. Effect on exclusion, Sec. 1208.22
deportation, and
removal proceedings.
Sec. 208.23................. Restoration of status. Sec. 1208.23
Sec. 208.24................. Termination of asylum Sec. 1208.24
or withholding of
removal or
deportation.
Sec. 208.25................. Reserved.............. Sec. 1208.25
Sec. 208.26................. Reserved.............. Sec. 1208.26
Sec. 208.27................. Reserved.............. Sec. 1208.27
Sec. 208.28................. Reserved.............. Sec. 1208.28
Sec. 208.29................. Reserved.............. Sec. 1208.29
-------------------------------
Subpart B
------------------------------------------------------------------------
Sec. 208.30................. Credible fear Sec. 1208.30
determinations
involving stowaways
and applicants for
admission found
inadmissible pursuant
to section
212(a)(6)(C) or
212(a)(7) of the Act.
Sec. 208.31................. Reasonable fear of Sec. 1208.31
persecution or
torture
determinations
involving aliens
ordered removed under
section 238(b) of the
Act and aliens whose
removal is reinstated
under section
241(a)(5) of the Act.
------------------------------------------------------------------------
[[Page 9835]]
16a. The authority citation for newly duplicated part 1208
continues to read as follows:
Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.
Chapter I, Subchapter B
PART 209--[DUPLICATED AS PART 1209]
Chapter V, Subchapter B
PART 1209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED
ASYLUM
17. All sections in part 209 are duplicated in part 1209, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 209 Heading Part 1209
------------------------------------------------------------------------
Sec. 209.1.................. Adjustment of status Sec. 1209.1
of refugees.
Sec. 209.2.................. Adjustment of status Sec. 1209.2
of alien granted
asylum.
------------------------------------------------------------------------
17a. The authority citation for newly designated part 1209
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252,
1282; 8 CFR part 2.
PART 211--[DUPLICATED IN PART AS PART 1211]
Chapter V, Subchapter B
PART 1211--DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS
18. Section 211.4 is duplicated in part 1211, as section 1211.4.
18a. The authority citation for newly designated part 1211
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8
CFR part 2.
PART 212--[DUPLICATED AS PART 1212]
Chapter V, Subchapter B
PART 1212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
19. All sections in part 212 are duplicated in part 1212, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 212 Heading Part 1212
------------------------------------------------------------------------
Sec. 212.1.................. Documentary Sec. 1212.1
requirements for
nonimmigrants.
Sec. 212.2.................. Consent to reapply for Sec. 1212.2
admission after
deportation, removal
or departure at
Government expense.
Sec. 212.3.................. Application for the Sec. 1212.3
exercise of
discretion under
section 212(c).
Sec. 212.4.................. Application for the Sec. 1212.4
exercise of
discretion under
section 212(d)(1) and
212(d)(3).
Sec. 212.5.................. Parole of aliens into Sec. 1212.5
the United States.
Sec. 212.6.................. Border crossing Sec. 1212.6
identification cards.
Sec. 212.7.................. Waiver of certain Sec. 1212.7
grounds of
inadmissibility.
Sec. 212.8.................. Certification Sec. 1212.8
requirement of
section 212(a)(14).
Sec. 212.9.................. Applicability of Sec. 1212.9
section 212(a)(32) to
certain derivative
third and sixth
preference and
nonpreference
immigrants.
Sec. 212.10................. Section 212(k) waiver. Sec. 1212.10
Sec. 212.11................. Controlled substance Sec. 1212.11
convictions.
Sec. 212.12................. Parole determinations Sec. 1212.12
and revocations
respecting Mariel
Cubans.
Sec. 212.13................. [Reserved]............ Sec. 1212.13
Sec. 212.14................. Parole determinations Sec. 1212.14
for alien witnesses
and informants for
whom a law
enforcement authority
(``LEA'') will
request S
classification.
Sec. 212.15................. Certificates for Sec. 1212.15
foreign health care
workers.
Sec. 212.16................. Applications for Sec. 1212.16
exercise of
discretion relating
to T nonimmigrant
status.
------------------------------------------------------------------------
19a. The authority citation for newly designated part 1212
continues to read as follows:
Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note,
1184, 1187, 1225, 1226, 1227, 1228; 8 CFR part 2.
Chapter V, Subchapter B
20. Add part 1214 to chapter V to read as follows:
PART 1214--REVIEW OF NONIMMIGRANT CLASSES
Sec.
1214.1 Review of requirements for admission, extension, and
maintenance of status.
1214.2 Review of alien victims of severe forms of trafficking in
persons; aliens in pending immigration proceedings.
1214.3 Certain spouses and children of lawful permanent residents;
aliens in proceedings; V visas.
[[Page 9836]]
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110
Stat. 3009-708; section 141 of the Compacts of Free Association with
the Federated States of Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau, 48 U.S.C. 1901, note, and
1931 note, respectively; 8 CFR part 2.
Sec. 1214.1 Review of requirements for admission, extension, and
maintenance of status.
Every nonimmigrant alien who applies for admission to, or an
extension of stay in, the United States, shall establish that he or she
is admissible to the United States, or that any ground of
inadmissibility has been waived under section 212(d)(3) of the Act.
Upon application for admission, the alien shall present a valid
passport and valid visa unless either or both documents have been
waived. However, an alien applying for extension of stay shall present
a passport only if requested to do so by the Service. The passport of
an alien applying for admission shall be valid for a minimum of six
months from the expiration date of the contemplated period of stay,
unless otherwise provided in this chapter, and the alien shall agree to
abide by the terms and conditions of his or her admission. The passport
of an alien applying for extension of stay shall be valid at the time
of application for extension, unless otherwise provided in this
chapter, and the alien shall agree to maintain the validity of his or
her passport and to abide by all the terms and conditions of his
extension. The alien shall also agree to depart the United States at
the expiration of his or her authorized period of admission or
extension, or upon abandonment of his or her authorized nonimmigrant
status. At the time a nonimmigrant alien applies for admission or
extension of stay he or she shall post a bond on Form I-352 in the sum
of not less than $500, to insure the maintenance of his or her
nonimmigrant status and departure from the United States, if required
to do so by the director, immigration judge or Board of Immigration
Appeals.
Sec. 1214.2 Review of alien victims of severe forms of trafficking in
persons; aliens in pending immigration proceedings.
(a) Applications for T visas while in proceedings. Individuals who
believe they are victims of severe forms of trafficking in persons and
who are in pending immigration proceedings must inform the Service if
they intend to apply for T nonimmigrant status under this section. With
the concurrence of Service counsel, a victim of a severe form of
trafficking in persons in proceedings before an immigration judge or
the Board of Immigration Appeals may request that the proceedings be
administratively closed (or that a motion to reopen or motion to
reconsider be indefinitely continued) in order to allow the alien to
pursue an application for T nonimmigrant status with the Service. If
the alien appears eligible for T nonimmigrant status, the immigration
judge or the Board, whichever has jurisdiction, may grant such a
request to administratively close the proceeding or continue a motion
to reopen or motion to reconsider indefinitely. In the event the
Service finds an alien ineligible for T-1 nonimmigrant status, the
Service may recommence proceedings that have been administratively
closed by filing a motion to re-calendar with the immigration court or
a motion to reinstate with the Board. If the alien is in Service
custody pending the completion of immigration proceedings, the Service
may continue to detain the alien until a decision has been rendered on
the application. An alien who is in custody and requests bond or a bond
redetermination will be governed by the provisions of part 236 of this
chapter.
(b) Stay of final order of exclusion, deportation, or removal. A
determination by the Service that an application for T-1 nonimmigrant
status is bona fide automatically stays the execution of any final
order of exclusion, deportation, or removal. This stay shall remain in
effect until there is a final decision on the T application. The filing
of an application for T nonimmigrant status does not stay the execution
of a final order unless the Service has determined that the application
is bona fide. Neither an immigration judge nor the Board of Immigration
Appeals has jurisdiction to adjudicate an application for a stay of
execution, deportation, or removal order, on the basis of the filing of
an application for T nonimmigrant status.
Sec. 1214.3 Certain spouses and children of lawful permanent
residents; aliens in proceedings; V visas.
An alien who is already in immigration proceedings and believes
that he or she may have become eligible to apply for V nonimmigrant
status should request before the immigration judge or the Board of
Immigration Appeals, as appropriate, that the proceedings be
administratively closed (or before the Board that a previously-filed
motion for reopening or reconsideration be indefinitely continued) in
order to allow the alien to pursue an application for V nonimmigrant
status with the Service. If the alien appears eligible for V
nonimmigrant status, the immigration judge or the Board, whichever has
jurisdiction, shall administratively close the proceeding or continue
the motion indefinitely. In the event that the Service finds an alien
eligible for V nonimmigrant status, the Service can adjudicate the
change of status under this section. In the event that the Service
finds an alien ineligible for V nonimmigrant status, the Service shall
recommence proceedings by filing a motion to re-calendar.
Chapter I, Subchapter B
PART 215--[DUPLICATED AS PART 1215]
Chapter V, Subchapter B
PART 1215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES
21. All sections in part 215 are duplicated in part 1215, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 215 Heading Part 1215
------------------------------------------------------------------------
Sec. 215.1.................. Definitions........... Sec. 1215.1
Sec. 215.2.................. Authority of departure- Sec. 1215.2
control officer to
prevent alien's
departure from the
United States.
Sec. 215.3.................. Alien whose departure Sec. 1215.3
is deemed prejudicial
to the interests of
the United States.
Sec. 215.4.................. Procedure in case of Sec. 1215.4
alien prevented from
departing from the
United States.
Sec. 215.5.................. Hearing procedure Sec. 1215.5
before special
inquiry officer.
Sec. 215.6.................. Departure from the Sec. 1215.6
Canal Zone, the Trust
Territory of the
Pacific Islands, or
outlying possessions
of the United States.
Sec. 215.7.................. Instructions from the Sec. 1215.7
Administrator
required in certain
cases.
------------------------------------------------------------------------
[[Page 9837]]
21a. The authority citation for newly designated part 1215
continues to read as follows:
Authority: Sec. 104, 66 Stat. 174, Proc. 3004, 18 FR 489; 8
U.S.C. 1104, 3 CFR, 1953 Supp. Interpret or apply sec. 215, 66 Stat.
190; (8 U.S.C. 1185).
Chapter I, Subchapter B
PART 216--[DUPLICATED AS PART 1216]
Chapter V, Subchapter B
PART 1216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS
22. All sections in part 216 are duplicated in part 1216, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 216 Heading Part 1216
------------------------------------------------------------------------
Sec. 216.1.................. Definitions of Sec. 1216.1
conditional permanent
resident.
Sec. 216.2.................. Notification Sec. 1216.2
requirements.
Sec. 216.3.................. Termination of Sec. 1216.3
conditional resident
status.
Sec. 216.4.................. Joint petition to Sec. 1216.4
remove conditional
basis of lawful
permanent resident
status for alien
spouse.
Sec. 216.5.................. Waiver of requirement Sec. 1216.5
to file joint
petition to remove
conditions by alien
spouse.
Sec. 216.6.................. Petition by Sec. 1216.6
entrepreneur to
remove conditional
basis of lawful
permanent resident
status.
------------------------------------------------------------------------
22a. The authority citation for newly designated part 1216 is
revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8
CFR part 2.
Chapter I, Subchapter B
PART 235--[DUPLICATED IN PART AS PART 1235]
Chapter V, Subchapter B
PART 1235--INSPECTION OF PERSONS APPLYING FOR PERMISSION
23. The following sections in part 235 are duplicated in part 1235,
as set out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 235 Heading Part 1235
------------------------------------------------------------------------
Sec. 235.1.................. Scope of examination.. Sec. 1235.1
Sec. 235.2.................. Parole for deferred Sec. 1235.2
inspection.
Sec. 235.3.................. Inadmissible aliens Sec. 1235.3
and expedited removal.
Sec. 235.4.................. Withdrawal of Sec. 1235.4
application for
admission.
Sec. 235.5.................. Preinspection......... Sec. 1235.5
Sec. 235.6.................. Referral to Sec. 1235.6
immigration judge.
Sec. 235.8.................. Inadmissibility on Sec. 1235.8
security and related
grounds.
Sec. 235.9.................. Northern Marianas Sec. 1235.9
identification card.
Sec. 235.10................. U.S. Citizen Sec. 1235.10
Identification Card.
Sec. 235.11................. Admission of Sec. 1235.11
conditional permanent
residents.
Sec. 235.12................. [Redesignated]........ Sec. 1235.12
Sec. 235.13................. [Redesignated]........ Sec. 1235.13
------------------------------------------------------------------------
[[Page 9838]]
23a. The authority citation for newly designated part 1235
continues to read as follows:
Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1201, 1224, 1225,
1226, 1228; 8 CFR part 2.
Chapter I, Subchapter B
PART 236--[DUPLICATED AS PART 1236]
Chapter V, Subchapter B
PART 1236--APPREHENSION AND DETENTION OF INADMISSABLE AND
DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED
24. All sections in part 236, Subpart A, are duplicated in part
1236, as set out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 236 Heading Part 1236
------------------------------------------------------------------------
Subpart A
------------------------------------------------------------------------
Sec. 236.1.................. Apprehension, custody, Sec. 1236.1
and detention.
Sec. 236.2.................. Confined aliens, Sec. 1236.2
incompetents, and
minors.
Sec. 236.3.................. Detention and release Sec. 1236.3
of juveniles.
Sec. 236.4.................. Removal of S-5, S-6, Sec. 1236.4
and S-7 nonimmigrants.
Sec. 236.5.................. Fingerprints and Sec. 1236.5
photographs.
Sec. 236.6.................. Information regarding Sec. 1236.6
detainees.
Sec. 236.7.................. [Reserved]............ Sec. 1236.7
Sec. 236.8.................. [Reserved]............ Sec. 1236.8
Sec. 236.9.................. [Reserved]............ Sec. 1236.9
------------------------------------------------------------------------
24a. The authority citation for newly designated part 1236
continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224,
1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part
2.
Chapter I, Subchapter B
PART 238--[DUPLICATED AS PART 1238]
Chapter V, Subchapter B
PART 1238--EXPEDITED REMOVAL OF AGGRAVATED FELONS
25. Section 238.1 is duplicated in part 1238, as Sec. 1238.1.
25a. The authority citation for newly designated part 1238
continues to read as follows:
Authority: 8 U.S.C. 1228; 8 CFR part 2.
Chapter I, Subchapter B
PART 239--[DUPLICATED AS PART 1239]
Chapter V, Subchapter B
PART 1239--INITIATION OF REMOVAL PROCEEDINGS
26. All sections in part 239 are duplicated in part 1239, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 239 Heading Part 1239
------------------------------------------------------------------------
Sec. 239.1.................. Notice to appear...... Sec. 1239.1
Sec. 239.2.................. Cancellation of notice Sec. 1239.2
to appear.
Sec. 239.3.................. Effect of filing Sec. 1239.3
notice to appear.
------------------------------------------------------------------------
26a. The authority citation for newly designated part 1239
continues to read as follows:
Authority: 8 U.S.C. 1103, 1221, 1229; 8 CFR part 2.
Chapter I, Subchapter B
PART 240--[REDESIGNATED IN PART AS PART 1240]
Chapter V, Subchapter B
PART 1240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE
UNITED STATES
27. Transfer the following sections of 8 CFR part 240 from chapter
I, subchapter B, to chapter V, subchapter B, and designate as 8 CFR
part 1240, as set out in the following table:
[[Page 9839]]
------------------------------------------------------------------------
Is transferred
Part 240 Heading and redesignated
as Part 1240
------------------------------------------------------------------------
Subpart A
------------------------------------------------------------------------
Sec. 240.1.................. Immigration judges.... Sec. 1240.1
Sec. 240.2.................. Service counsel....... Sec. 1240.2
Sec. 240.3.................. Representation by Sec. 1240.3
counsel.
Sec. 240.4.................. Incompetent Sec. 1240.4
respondents.
Sec. 240.5.................. Interpreter........... Sec. 1240.5
Sec. 240.6.................. Postponement and Sec. 1240.6
adjournment of
hearing.
Sec. 240.7.................. Evidence in removal Sec. 1240.7
proceedings under
section 240 of the
Act.
Sec. 240.8.................. Burdens of proof in Sec. 1240.8
removal proceedings.
Sec. 240.9.................. Contents of record.... Sec. 1240.9
Sec. 240.10................. Hearing............... Sec. 1240.10
Sec. 240.11................. Ancillary matters, Sec. 1240.11
applications.
Sec. 240.12................. Decision of the Sec. 1240.12
immigration judge.
Sec. 240.13................. Notice of decision.... Sec. 1240.13
Sec. 240.14................. Finality of order..... Sec. 1240.14
Sec. 240.15................. Appeals............... Sec. 1240.15
Sec. 240.16................. Application of new Sec. 1240.16
procedures or
termination of
proceedings in old
proceedings pursuant
to section 309(c) of
Public Law 104-208.
Sec. 240.17................. [Reserved]............ Sec. 1240.17
Sec. 240.18................. [Reserved]............ Sec. 1240.18
-------------------------------
Subpart B
------------------------------------------------------------------------
Sec. 240.19................. [Reserved]............ Sec. 1240.19
Sec. 240.20................. Cancellation of Sec. 1240.20
removal and
adjustment of status
under section 240A of
the Act.
Sec. 240.22................. [Reserved]............ Sec. 1240.22
Sec. 240.23................. [Reserved]............ Sec. 1240.23
Sec. 240.24................. [Reserved]............ Sec. 1240.24
-------------------------------
Subpart C
------------------------------------------------------------------------
Sec. 240.26................. Voluntary departure-- Sec. 1240.26
authority of the
Executive Office for
Immigration Review.
Sec. 240.27................. [Reserved]............ Sec. 1240.27
Sec. 240.28................. [Reserved]............ Sec. 1240.28
Sec. 240.29................. [Reserved]............ Sec. 1240.29
-------------------------------
Subpart D
------------------------------------------------------------------------
Sec. 240.30................. Proceedings prior to Sec. 1240.30
April 1, 1997.
Sec. 240.31................. Authority of Sec. 1240.31
immigration judges.
Sec. 240.32................. Hearing............... Sec. 1240.32
Sec. 240.33................. Applications for Sec. 1240.33
asylum or withholding
of deportation.
Sec. 240.34................. Renewal of application Sec. 1240.34
for adjustment of
status under section
245 of the Act.
Sec. 240.35................. Decision of the Sec. 1240.35
immigration judge;
notice to the
applicant.
Sec. 240.36................. Finality of order..... Sec. 1240.36
Sec. 240.37................. Appeals............... Sec. 1240.37
Sec. 240.38................. Fingerprinting of Sec. 1240.38
excluded aliens.
Sec. 240.39................. [Reserved]............ Sec. 1240.39
-------------------------------
Subpart E
------------------------------------------------------------------------
Sec. 240.40................. Proceedings commenced Sec. 1240.40
prior to April 1,
1997.
Sec. 240.41................. Immigration Judges.... Sec. 1240.41
Sec. 240.42................. Representation by Sec. 1240.42
counsel.
Sec. 240.43................. Incompetent Sec. 1240.43
respondents.
Sec. 240.44................. Interpreter........... Sec. 1240.44
Sec. 240.45................. Postponement and Sec. 1240.45
adjournment of
hearing.
Sec. 240.46................. Evidence.............. Sec. 1240.46
Sec. 240.47................. Contents of record.... Sec. 1240.47
Sec. 240.48................. Hearing............... Sec. 1240.48
Sec. 240.49................. Ancillary matters, Sec. 1240.49
applications.
Sec. 240.50................. Decision of the Sec. 1240.50
immigration judge.
Sec. 240.51................. Notice of decision.... Sec. 1240.51
Sec. 240.52................. Finality of order..... Sec. 1240.52
Sec. 240.53................. Appeals............... Sec. 1240.53
Sec. 240.54................. [Reserved]............ Sec. 1240.54
-------------------------------
Subpart F
------------------------------------------------------------------------
Sec. 240.55................. Proceedings commenced Sec. 1240.55
prior to April 1,
1997.
[[Page 9840]]
Sec. 240.56................. Application........... Sec. 1240.56
Sec. 240.57................. Extension of time to Sec. 1240.57
depart.
Sec. 240.58................. Extreme hardship...... Sec. 1240.58
-------------------------------
Subpart G--Reserved
------------------------------------------------------------------------
28. The following sections in part 240 are duplicated in part 1240,
as set out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 240 Heading Part 1240
------------------------------------------------------------------------
Subpart B
------------------------------------------------------------------------
Sec. 240.21................. Suspension of Sec. 1240.21
deportation and
adjustment of status
under section 244(a)
of the Act (as in
effect before April
1, 1997) and
cancellation of
removal and
adjustment of status
under section 240A(b)
of the Act for
certain nonpermanent
residents.
-------------------------------
Subpart H
------------------------------------------------------------------------
Sec. 240.60................. Definitions........... Sec. 1240.60
Sec. 240.61................. Applicability......... Sec. 1240.61
Sec. 240.62................. Jurisdiction.......... Sec. 1240.62
Sec. 240.63................. Application process... Sec. 1240.63
Sec. 240.64................. Eligibility--general.. Sec. 1240.64
Sec. 240.65................. Eligibility for Sec. 1240.65
suspension of
deportation.
Sec. 240.66................. Eligibility for Sec. 1240.66
special rule
cancellation of
removal.
Sec. 240.67................. Procedure for Sec. 1240.67
interview before an
asylum officer.
Sec. 240.68................. Failure to appear at Sec. 1240.68
an interview before
an asylum officer or
failure to follow
requirements for
fingerprinting.
Sec. 240.69................. Reliance on Sec. 1240.69
information compiled
by other sources.
Sec. 240.70................. Decision by the Sec. 1240.70
Service.
------------------------------------------------------------------------
28a. The authority citation for newly redesignated part 1240
continues to read as follows:
Authority: 8 U.S.C. 1103; 1182, 1186a, 1224, 1225, 1226, 1227,
1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-
100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat.
2681); 8 CFR part 2.
Chapter I, Subchapter B
PART 241--[DUPLICATED AS PART 1241]
Chapter V, Subchapter B
PART 1241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
29. All sections in part 241 are duplicated in part 1241, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 241 Heading Part 1241
------------------------------------------------------------------------
Subpart A
------------------------------------------------------------------------
Sec. 241.1.................. Final order of removal Sec. 1241.1
Sec. 241.2.................. Warrant of removal.... Sec. 1241.2
Sec. 241.3.................. Detention of aliens Sec. 1241.3
during removal period.
Sec. 241.4.................. Continued detention of Sec. 1241.4
inadmissible,
criminal, and other
aliens beyond the
removal period.
Sec. 241.5.................. Conditions of release Sec. 1241.5
after removal period.
Sec. 241.6.................. Administrative stay of Sec. 1241.6
removal.
Sec. 241.7.................. Self-removal.......... Sec. 1241.7
Sec. 241.8.................. Reinstatement of Sec. 1241.8
removal orders.
Sec. 241.9.................. Notice to Sec. 1241.9
transportation line
of alien's removal.
[[Page 9841]]
Sec. 241.10................. Special care and Sec. 1241.10
attention of
removable aliens.
Sec. 241.11................. Detention and removal Sec. 1241.11
of stowaways.
Sec. 241.12................. Nonapplication of Sec. 1241.12
costs of detention
and maintenance.
Sec. 241.13................. Determination of Sec. 1241.13
whether there is a
significant
likelihood of
removing a detained
alien in the
reasonably
foreseeable future.
Sec. 241.14................. Continued detention of Sec. 1241.14
removable aliens on
account of special
circumstances.
Sec. 241.15................. Information regarding Sec. 1241.15
detainees.
Sec. 241.16................. Reserved.............. Sec. 1241.16
Sec. 241.17................. Reserved.............. Sec. 1241.17
Sec. 241.18................. Reserved.............. Sec. 1241.18
Sec. 241.19................. Reserved.............. Sec. 1241.19
-------------------------------
Subpart B
------------------------------------------------------------------------
Sec. 241.20................. Proceedings commenced Sec. 1241.20
prior to April 1,
1997.
Sec. 241.21................. Stay of deportation of Sec. 1241.21
excluded alien.
Sec. 241.22................. Notice to surrender Sec. 1241.22
for deportation.
Sec. 241.23................. Cost of maintenance Sec. 1241.23
not assessed.
Sec. 241.24................. Notice to Sec. 1241.24
transportation line
of alien's exclusion.
Sec. 241.25................. Deportation........... Sec. 1241.25
Sec. 241.26................. Reserved.............. Sec. 1241.26
Sec. 241.27................. Reserved.............. Sec. 1241.27
Sec. 241.28................. Reserved.............. Sec. 1241.28
Sec. 241.29................. Reserved.............. Sec. 1241.29
-------------------------------
Subpart C
------------------------------------------------------------------------
Sec. 241.30................. Proceedings commenced Sec. 1241.30
prior to April 1,
1997.
Sec. 241.31................. Final order of Sec. 1241.31
deportation.
Sec. 241.32................. Warrant of deportation Sec. 1241.32
Sec. 241.33................. Expulsion............. Sec. 1241.33
------------------------------------------------------------------------
29a. The authority citation for newly designated part 1241
continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223,
1224, 1225, 1226, 1227, 1231, 1251, 1253, 1255, 1330, 1362; 18
U.S.C. 4002, 4013(c)(4); 8 CFR part 2.
Chapter I, Subchapter B
PART 244--[DUPLICATED AS PART 1244]
Chapter V, Subchapter B
PART 1244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
STATES
30. All sections in part 244 are duplicated in part 1244, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 244 Heading Part 1244
------------------------------------------------------------------------
Sec. 244.1.................. Definitions........... Sec. 1244.1
Sec. 244.2.................. Eligibility........... Sec. 1244.2
Sec. 244.3.................. Applicability of Sec. 1244.3
grounds of
inadmissibility.
Sec. 244.4.................. Ineligible aliens..... Sec. 1244.4
Sec. 244.5.................. Temporary treatment Sec. 1244.5
benefits for eligible
aliens.
Sec. 244.6.................. Application........... Sec. 1244.6
Sec. 244.7.................. Filing the application Sec. 1244.7
Sec. 244.8.................. Appearance............ Sec. 1244.8
Sec. 244.9.................. Evidence.............. Sec. 1244.9
Sec. 244.10................. Decision by the Sec. 1244.10
director or
Administrative
Appeals Unit (AAU).
Sec. 244.11................. Renewal of Sec. 1244.11
application; appeal
to the Board of
Immigration Appeals.
Sec. 244.12................. Employment Sec. 1244.12
authorization.
Sec. 244.13................. Termination of Sec. 1244.13
temporary treatment
benefits.
Sec. 244.14................. Withdrawal of Sec. 1244.14
Temporary Protected
Status.
Sec. 244.15................. Travel abroad......... Sec. 1244.15
Sec. 244.16................. Confidentiality....... Sec. 1244.16
Sec. 244.17................. Annual registration... Sec. 1244.17
Sec. 244.18................. Issuance of charging Sec. 1244.18
documents; detention.
Sec. 244.19................. Termination of Sec. 1244.19
designation.
[[Page 9842]]
Sec. 244.20................. Waiver of Fees........ Sec. 1244.20
------------------------------------------------------------------------
30a. The authority citation for newly designated part 1244
continues to read as follows:
Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.
Chapter I, Subchapter B
PART 245--[DUPLICATED AS PART 1245]
Chapter V, Subchapter B
PART 1245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
31. All sections in part 245 are duplicated in part 1245, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 245 Heading Part 1245
------------------------------------------------------------------------
Sec. 245.1.................. Eligibility........... Sec. 1245.1
Sec. 245.2.................. Application........... Sec. 1245.2
Sec. 245.3.................. Adjustment of status Sec. 1245.3
under section 13 of
the Act of September
11, 1957, as amended.
Sec. 245.4.................. Documentary Sec. 1245.4
requirements.
Sec. 245.5.................. Medical examination... Sec. 1245.5
Sec. 245.6.................. Interview............. Sec. 1245.6
Sec. 245.7.................. Adjustment of status Sec. 1245.7
of certain Soviet and
Indochinese parolees
under the Foreign
Operations
Appropriations Act
for Fiscal Year 1990
(Pub. L. 101-167).
Sec. 245.8.................. Adjustment of status Sec. 1245.8
as a special
immigrant under
section 101(a)(27)(K)
of the Act.
Sec. 245.9.................. Adjustment of status Sec. 1245.9
of certain nationals
of the People's
Republic of China
under Public Law 102-
404.
Sec. 245.10................. Adjustment of status Sec. 1245.10
upon the payment of
additional sum under
section 245(i).
Sec. 245.11................. Adjustment of aliens Sec. 1245.11
in S nonimmigrant
classification.
Sec. 245.12................. What are the Sec. 1245.12
procedures for
certain Polish and
Hungarian parolees
who are adjusting
status to that of
permanent resident
under the Illegal
Immigration Reform
and Immigrant
Responsibility Act of
1996?
Sec. 245.13................. Adjustment of status Sec. 1245.13
of certain nationals
of Nicaragua and Cuba
under Public Law 105-
100.
Sec. 245.14................. Adjustment of status Sec. 1245.14
of certain health
care workers.
Sec. 245.15................. Adjustment of status Sec. 1245.15
of certain Haitian
nationals under the
Haitian Refugee
Immigrant Fairness
Act of 1998 (HRIFA).
Sec. 245.18................. How can physicians Sec. 1245.18
(with approved Forms
I-140) that are
serving in medically
underserved areas or
at a Veterans Affairs
facility adjust
status?
Sec. 245.20................. Adjustment of status Sec. 1245.20
of Syrian asylees
under Public Law 106-
378.
Sec. 245.21................. Adjustment of status Sec. 1245.21
of certain nationals
of Vietnam, Cambodia,
and Laos (section 586
of Public Law 106-
429) Syrian asylees
under Public Law 106-
378.
Sec. 245.22................. Evidence to Sec. 1245.22
demonstrate an
alien's physical
presence in the
United States on a
specific date.
------------------------------------------------------------------------
31a. The authority citation for newly designated part 1245
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub.L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub.L. 105-277, 112 Stat.
2681; 8 CFR part 2.
Chapter I, Subchapter B
PART 246--[DUPLICATED AS PART 1246]
Chapter V, Subchapter B
PART 1246--RESCISSION OF ADJUSTMENT OF STATUS
32. All sections in part 246 are duplicated in part 1246, as set
out in the following table:
[[Page 9843]]
------------------------------------------------------------------------
Is duplicated as
Part 246 Heading Part 1246
------------------------------------------------------------------------
Sec. 246.1.................. Notice................ Sec. 1246.1
Sec. 246.2.................. Allegations admitted; Sec. 1246.2
no answer filed; no
hearing requested.
Sec. 246.3.................. Allegations contested Sec. 1246.3
or denied; hearing
requested.
Sec. 246.4.................. Immigration judge's Sec. 1246.4
authority; withdrawal
and substitution.
Sec. 246.5.................. Hearing............... Sec. 1246.5
Sec. 246.6.................. Decision and order.... Sec. 1246.6
Sec. 246.7.................. Appeals............... Sec. 1246.7
Sec. 246.8.................. [Reserved]............ Sec. 1246.8
Sec. 246.9.................. Surrender of Form I- Sec. 1246.9
551.
------------------------------------------------------------------------
32a. The authority citation for newly designated part 1246
continues to read as follows:
Authority: 8 U.S.C. 1103, 1254, 1255, 1256, 1259; 8 CFR part 2.
Chapter I, Subchapter B
PART 249--[DUPLICATED AS PART 1249]
Chapter V, Subchapter B
PART 1249--CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT
RESIDENCE
33. All sections in part 249 are duplicated in part 1249, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 249 Heading Part 1249
------------------------------------------------------------------------
Sec. 249.1.................. Waiver of Sec. 1249.1
inadmissibility.
Sec. 249.2.................. Application........... Sec. 1249.2
Sec. 249.3.................. Reopening and Sec. 1249.3
reconsideration.
------------------------------------------------------------------------
33a. The authority citation for newly designated part 1249
continues to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1259; 8 CFR part 2.
Chapter I, Subchapter B
PART 270--[DUPLICATED AS PART 1270]
Chapter V, Subchapter B
PART 1270--PENALTIES FOR DOCUMENT FRAUD
34. All sections in part 270 are duplicated in part 1270, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 270 Heading Part 1270
------------------------------------------------------------------------
Sec. 270.1.................. Definitions........... Sec. 1270.1
Sec. 270.2.................. Enforcement procedures Sec. 1270.2
Sec. 270.3.................. Penalties............. Sec. 1270.3
------------------------------------------------------------------------
[[Page 9844]]
34a. The authority citation for newly designated part 1270
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, and 1324c; Pub. L. 101-410, 104
Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
Chapter I, Subchapter B
PART 274a--[DUPLICATED AS PART 1274a]
Chapter V, Subchapter B
PART 1274a--CONTROL OF EMPLOYMENT OF ALIENS
35. All sections in part 274a are duplicated in part 1274a, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 274a Heading Part 1274a
------------------------------------------------------------------------
Subpart A
------------------------------------------------------------------------
Sec. 274a.1................. Definitions........... Sec. 1274a.1
Sec. 274a.2................. Verification of Sec. 1274a.2
employment
eligibility.
Sec. 274a.3................. Continuing employment Sec. 1274a.3
of unauthorized
aliens.
Sec. 274a.4................. Good faith defense.... Sec. 1274a.4
Sec. 274a.5................. Use of labor through Sec. 1274a.5
contract.
Sec. 274a.6................. State employment Sec. 1274a.6
agencies.
Sec. 274a.7................. Pre-enactment Sec. 1274a.7
provisions for
employees hired prior
to November 7, 1986.
Sec. 274a.8................. Prohibition of Sec. 1274a.8
indemnity bonds.
Sec. 274a.9................. Enforcement procedures Sec. 1274a.9
Sec. 274a.10................ Penalties............. Sec. 1274a.10
Sec. 274a.11................ Reserved.............. Sec. 1274a.11
-------------------------------
Subpart B
------------------------------------------------------------------------
Sec. 274a.12................ Classes of aliens Sec. 1274a.12
authorized to accept
employment.
Sec. 274a.13................ Application for Sec. 1274a.13
employment
authorization.
Sec. 247a.14................ Termination of Sec. 1274a.14
employment
authorization.
------------------------------------------------------------------------
35a. The authority citation for newly designated part 1274a
continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.
Chapter I, Subchapter B
PART 280--[DUPLICATED AS PART 1280]
Chapter V, Subchapter B
PART 1280--IMPOSITION AND COLLECTION OF FINES
36. All sections in part 280 are duplicated in part 1280, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 280 Heading Part 1280
------------------------------------------------------------------------
Sec. 280.1.................. Notice of intention to Sec. 1280.1
fine; administrative
proceedings not
exclusive.
Sec. 280.2.................. Special provisions Sec. 1280.2
relating to aircraft.
Sec. 280.3.................. Departure of vessel or Sec. 1280.3
aircraft prior to
denial of clearance.
Sec. 280.4.................. Data concerning cost Sec. 1280.4
of transportation.
Sec. 280.5.................. Mitigation or Sec. 1280.5
remission of fines.
Sec. 280.6.................. Bond to obtain Sec. 1280.6
clearance; form.
Sec. 280.7.................. Approval of bonds or Sec. 1280.7
acceptance of cash
deposit to obtain
clearance.
Sec. 280.11................. Notice of intention to Sec. 1280.11
fine; procedure.
Sec. 280.12................. Answer and request or Sec. 1280.12
order for interview.
Sec. 280.13................. Disposition of case... Sec. 1280.13
Sec. 280.14................. Record................ Sec. 1280.14
Sec. 280.15................. Notice of final Sec. 1280.15
decision to district
director of customs.
Sec. 280.21................. Seizure of aircraft... Sec. 1280.21
Sec. 280.51................. Application for Sec. 1280.51
mitigation or
remission.
Sec. 280.52................. Payment of fines...... Sec. 1280.52
Sec. 280.53................. Civil monetary Sec. 1280.53
penalties inflation
adjustment.
------------------------------------------------------------------------
[[Page 9845]]
36a. The authority citation for newly designated part 1280
continues to read as follows:
Authority: 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1253, 1281,
1283, 1284, 1285, 1286, 1322, 1323, and 1330; 66 Stat. 173, 195,
197, 201, 203, 212, 219, 221-223, 226, 227, 230; Pub. L. 101-410,
104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
Chapter I, Subchapter B
PART 287--[DUPLICATED IN PART AS PART 1287]
Chapter V, Subchapter B
PART 1287--FIELD OFFICERS; POWERS AND DUTIES
37. The following sections in part 287 are duplicated in part 1287,
as set out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 287 Heading Part 1287
------------------------------------------------------------------------
Sec. 287.4.................. Subpoena.............. Sec. 1287.4
Sec. 287.6.................. Proof of official Sec. 1287.6
records.
------------------------------------------------------------------------
37a. The authority citation for newly designated part 1287
continues to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357; 8
CFR part 2.
Chapter I, Subchapter B
PART 292--[DUPLICATED AS PART 1292]
Chapter V, Subchapter B
PART 1292--REPRESENTATION AND APPEARANCES
38. All sections in part 292 are duplicated in part 1292, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 292 Heading Part 1292
------------------------------------------------------------------------
Sec. 292.1.................. Representation of Sec. 1292.1
others.
Sec. 292.2.................. Organizations Sec. 1292.2
qualified for
recognition; requests
for recognition;
withdrawal of
recognition;
accreditation of
representatives;
roster.
Sec. 292.3.................. Professional conduct Sec. 1292.3
for practitioners--
Rules and procedures.
Sec. 292.4.................. Appearances........... Sec. 1292.4
Sec. 292.5.................. Service upon and Sec. 1292.5
action by attorney or
representative of
record.
Sec. 292.6.................. Interpretation........ Sec. 1292.6
------------------------------------------------------------------------
38a. The authority citation for newly designated part 1292
continues to read as follows:
Authority: Secs. 103, 262, 289, 66 Stat. 173, 224, 234; 8 U.S.C.
1103, 1302, 1359; 45 Stat. 401, 54 Stat. 670; 8 U.S.C. 226a, 451.
Chapter V, Subchapter B
PART 1299--IMMIGRATION REVIEW FORMS
39. Part 1299 is added to chapter V, subchapter C, to read as
follows:
Sec.
1299.1 Use of immigration forms.
1299.2 Specific immigration review forms.
Authority: 8 U.S.C. 1103, 1252, 1429, 1443; Homeland Security
Act of 2002, Pub. L. 107-296.
Sec. 1299.1 Use of immigration forms.
In addition to forms prepared by the Executive Office for
Immigration Review, the Executive Office for Immigration Review,
immigration judges, the Board of Immigration Appeals, and
administrative law judges use forms listed under 8 CFR chapter I, part
299.
Sec. 1299.2 Specific immigration review forms.
The Director of the Executive Office for Immigration Review may
designate the specific version of a form listed in 8 CFR chapter I,
part 299, which shall be utilized in filings before the immigration
judges, the Board of Immigration Appeals, and administrative law
judges.
Chapter I, Subchapter C
PART 337--[DUPLICATED AS PART 1337]
Chapter V, Subchapter C
PART 1337--OATH OF ALLEGIANCE
40. All sections in part 337 are duplicated in part 1337, as set
out in the following table:
------------------------------------------------------------------------
Is duplicated as
Part 337 Heading Part 1337
------------------------------------------------------------------------
Sec. 337.1.................. Oath of allegiance.... Sec. 1337.1
[[Page 9846]]
Sec. 337.2.................. Oath administered by Sec. 1337.2
the Immigration and
Naturalization
Service or an
Immigration Judge.
Sec. 337.3.................. Expedited Sec. 1337.3
administration of
oath of allegiance.
Sec. 337.4.................. When requests for Sec. 1337.4
change of name
granted.
Sec. 337.5.................. [Reserved]............ Sec. 1337.5
Sec. 337.6.................. [Reserved]............ Sec. 1337.6
Sec. 337.7.................. Information and Sec. 1337.7
assignment of
individuals under
exclusive
jurisdiction.
Sec. 337.8.................. Oath administered by Sec. 1337.8
the courts.
Sec. 337.9.................. Effective date of Sec. 1337.9
naturalization.
Sec. 337.10................. Failure to appear for Sec. 1337.10
oath administration
ceremony.
------------------------------------------------------------------------
40a. The authority citation for newly designated part 1337
continues to read as follows:
Authority: 8 U.S.C. 1103, 1443, 1448; 8 CFR part 2.
41. All references in part 1003 to ``Sec. 3.'' are revised to read
``Sec. 1003.''.
42. All references in part 1101 to ``Sec. 101.'' are revised to
read ``Sec. 1101.''.
43. All references in part 1103 to ``Sec. 103.3'' are revised to
read ``Sec. 1103.3''; references in part 1103 to ``Sec. 103.4'' are
revised to read ``Sec. 1103.4'', and references in part 1103 to
``Sec. 103.7'' are revised to read ``Sec. 1103.7'.
44. All references in part 1205 to ``Sec. 205.'' are revised to
read ``Sec. 1205.''.
45. All references in part 1208 to ``Sec. 208.'' are revised to
read ``Sec. 1208.''.
46. All references in part 1209 to ``Sec. 209.''are revised to
read ``Sec. 1209.''.
47. All references in part 1211 to ``Sec. 211.'' are revised to
read ``Sec. 1211.''.
48. All references in part 1212 to ``Sec. 212.'' are revised to
read ``Sec. 1212.''.
49. All references in part 1215 to ``Sec. 215.'' are revised to
read ``Sec. 1215.''.
50. All references in part 1216 to ``Sec. 216.'' are revised to
read ``Sec. 1216.''.
51. All references in part 1235 to ``Sec. 235.'' are revised to
read ``Sec. 1235.'', except any reference to ``235.7'' shall not be
revised.
52. All references in part 1236 to ``Sec. 236.'' are revised to
read ``Sec. 1236.''.
53. All references in part 1239 to ``Sec. 239.'' are revised to
read ``Sec. 1239.''.
54. All references in part 1240 to ``Sec. 240.'' are revised to
read ``Sec. 1240.'', except that any reference to ``240.25'' shall not
be revised.
55. All references in part 1241 to ``Sec. 241.'' are revised to
read ``Sec. 1241.''.
56. All references in part 1244 to ``Sec. 244.'' are revised to
read ``Sec. 1244.''.
57. All references in part 1245 to ``Sec. 245.'' are revised to
read ``Sec. 1245.''.
58. All references in part 1246 to ``Sec. 246.'' are revised to
read ``Sec. 1246.''.
59. All references in part 1249 to ``Sec. 249.'' are revised to
read ``Sec. 1249.''.
60. All references in part 1270 to ``Sec. 270.'' are revised to
read ``Sec. 1270.''.
61. All references in part 1274a to ``Sec. 274a.'' are revised to
read ``Sec. 1274a.''.
62. All references in part 1280 to ``Sec. 280.'' are revised to
read ``Sec. 1280.''.
63. All references in part 1287 to ``Sec. 287.4'' are revised to
read ``Sec. 1287.4'', and references to ``Sec. 287.6'' are revised to
read ``1287.6''.
64. All references in part 1292 to ``Sec. 292.'' are revised to
read ``Sec. 1292.''.
65. All references in part 1337 to ``Sec. 337.'' are revised to
read ``Sec. 1337.''.
Chapter I, Subchapter C
PART 507--[REDESIGNATED AS 28 CFR Part 200]
28 CFR--JUDICIAL ADMINISTRATION
CHAPTER I--DEPARTMENT OF JUSTICE
PART 200--ALIEN TERRORIST REMOVAL PROCEDURES
66. 8 CFR part 507 is transferred to 28 CFR chapter I and
redesignated as part 200, consisting of Sec. 200.1.
66a. The authority citation for part 200 continues to read as
follows:
Authority: Pub. L. 105-277, 112 Stat. 2681.
Dated: February 26, 2003.
John Ashcroft,
Attorney General.
[FR Doc. 03-4935 Filed 2-27-03; 8:45 am]
BILLING CODE 4410-30-P