Revised General Practice Regarding First Briefing Deadline Extension Request for Detained Aliens, 40151-40152 [06-6221]

Download as PDF Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by July 29, 2006. MISSOURI SOUTH CAROLINA Jasper County Gentry Apartments, 318 S. Wall St., Joplin, 06000683 Ridgway Apartments, 402 S. Byers Ave. and 404 S. Byers Ave., Joplin, 06000682 Beaufort County NEW JERSEY TENNESSEE Cape May County Corson, John, Jr., House, 1542 S. Shore Rd., Upper Township, 06000686 40151 Giles County Charleston Navy Yard Historic District, Portions of Ave A,B,D, 2nd, 4th, Hayter, N. 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W of jct. with NC 2145 (3017 Saxapahaw-Bethlehem Church Rd.), Graham, 06000687 Caledonia County Buncombe County West Asheville End of Car Line Historic District, Both sides of Haywood Rd. from 715 to 814 and 7–9 Brevard Rd., Asheville, 06000691 Bridge 31, (Metal Truss, Masonry, and Concrete Bridges in Vermont MPS) Winooski St., Waterbury, 06000703 Craven County DeGraffenried Park Historic District, Roughly bounded by Neuse Blvd., Fort Totten Dr., Trent Rd. and Chattawka Ln., New Bern, 06000689 North Cost Casket Company Building, 1210 W. Marine View Dr., Everett, 06000700 John W. Roberts, Acting Chief, National Register/National Historic Landmarks Program. Lake County Deerpath Hill Estates Historic District, (Deerpath Hill Estates: an English Garden Development in Lake Forest, Illinois MPS) Roughly bounded by Northcliffe Way, King Muir Rd. and Waukegan Rd., Lake Forest, 06000676 Davidson County Salem Street Historic District, 108–301 Salem St., 6–12 Forsyth St., and 6 Leonard St., Thomasville, 06000688 Lee County Hoke County Lowell Park, (Dixon Parks MPS) 2114 Lowell Park Rd., Dixon, 06000680 Raeford Historic District, Roughly bounded by Jackson St., E. Central Ave., the Aberdeen and Rockfish, and E and W Elwood Ave., Raeford, 06000690 Pike County Church of Christ, 102 Main St., Perry, 06000675 Winnebago County Barber—Colman Company Historic District, 100 Loomis, 1202–1322 (even) Rock St., Rockford, 06000674 Dubuque County Security Building, (Dubuque, Iowa MPS) 800 Main St., Dubuque, 06000681 jlentini on PROD1PC65 with NOTICES LOUISIANA East Baton Rouge Parish Knox Building, 447 Third St., Baton Rouge, 06000684 Welsh—Levy Building, 455–65 Third St., Baton Rouge, 06000685 17:44 Jul 13, 2006 Washington County WASHINGTON Snohomish County Spokane County Tuell, Frank and Maude, House, 416 W. 22nd Ave., Spokane, 06000702 Whitman County College Hill Historic District, Roughly bounded by Stadium Way, B St., Howard St., and Indiana St., Pullman, 06000701 [FR Doc. E6–11124 Filed 7–13–06; 8:45 am] BILLING CODE 4312–51–P DEPARTMENT OF JUSTICE Executive Office for Immigration Review [EOIR No. 153] OHIO IOWA VerDate Aug<31>2005 Johnston County Four Oaks Commercial Historic District, 100–300 blks N. Main, 100–200 blks S. Main, 100 blk S.W. Railroad, 100 blk W Wellons St. & 100 blk W. Woodall St., Four Oaks, 06000692 Toll House, 2028 Mountain Rd., Burke, 06000704 Jkt 208001 Monroe County First United Methodist Church, 136 N. Main St., Woodsfield, 06000694 Revised General Practice Regarding First Briefing Deadline Extension Request for Detained Aliens AGENCY: Montgomery County Kenilworth Avenue Historic District, 1131–1203 Salem Ave., 701–761 Kenilworth, Dayton, 06000695 Preble County West Alexandria Depot, 71 E. Dayton St., West Alexandria, 06000696 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 Board of Immigration Appeals, Executive Office for Immigration Review, Department of Justice. ACTION: Notice. SUMMARY: This notice advises of a revised general practice to be followed by the Board of Immigration Appeals regarding briefing deadlines for cases before the Board in which the alien is detained. The additional time period E:\FR\FM\14JYN1.SGM 14JYN1 jlentini on PROD1PC65 with NOTICES 40152 Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Notices granted for a first briefing extension will generally be reduced from 21 days to 15 days, and the number of extension requests granted will generally be reduced from one per party to one per case. DATES: This notice is effective on August 14, 2006. FOR FURTHER INFORMATION CONTACT: MaryBeth Keller, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041; telephone (703) 305–0470 (not a toll free call). SUPPLEMENTARY INFORMATION: The Board of Immigration Appeals (Board) has the authority to set and extend briefing deadlines in all cases pending before it. 8 CFR 1003.3(c). The regulations state that in cases involving aliens in custody, the parties shall be provided 21 days in which to file simultaneous briefs unless a shorter period is specified by the Board. Id. In cases involving aliens who are not in custody, the briefing period is also 21 days, but the briefing period is sequential. Id. The regulations state that the Board, upon written motion, may extend the period for filing a brief for up to 90 days for good cause shown. Id. While the regulations do not limit the briefing extension period any further, the Board has established a policy for briefing extension requests in the Board of Immigration Appeals Practice Manual.\ The Board Practice Manual provides that the filing of an extension request does not automatically extend the briefing deadline, and until the Board affirmatively grants an extension request, the existing deadline still stands. Practice Manual Chapter 4.7(c). Prior to the publication of this Notice, the Practice Manual did not distinguish between detained and non-detained aliens with regard to briefing extension requests. The Practice Manual provided that, as a matter of policy, the Board would grant one extension per party, and that party was given an additional 21 days in which to file a briefs regardless of the time requested. Practice Manual Chapter 4.7(c)(i). Those 21 days were added to the original filing deadline for both parties. In an effort to further reduce the amount of time a detained alien is in proceedings, the Board is revising this general policy and procedure. In the future, when an alien is in detention, the Board will, as a matter of policy and procedure, ordinarily grant one extension request per case for 15 days. A first extension request from either party, if granted, will extend the briefing deadline for both parties. If the opposing party thereafter submits an VerDate Aug<31>2005 17:44 Jul 13, 2006 Jkt 208001 extension request, it will be considered a second extension request. As noted in the Board Practice Manual, second extension requests are only granted in rare circumstances. The Board’s policy as set forth in Practice Manual Chapter 4.7(c)(i) will accordingly be amended to reflect this change. At present, because briefing is simultaneous, extension requests from both parties are often filed within days of each other. The result is that the Board routinely and unnecessarily grants two extension requests. The Board’s new general policy will be to limit briefing extensions to one per case for detained aliens due to difficulties with administering briefing requests from both parties. This change will eliminate these unintended delays. The Board will continue to accept reply briefs filed within 14 days after expiration of the briefing schedule, though the Board will not suspend or delay adjudication of the appeal in anticipation of the filing of a reply brief. Dated: July 6, 2006. Lori Scialabba, Chairman, Board of Immigration Appeals. [FR Doc. 06–6221 Filed 7–13–06; 8:45 am] BILLING CODE 4410–30–M DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request July 10, 2006. The Department of Labor (DOL) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104–13, 44 U.S.C. chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by contacting Darrin King on 202–693– 4129 (this is not a toll-free number) or e-mail: king.darrin@dol.gov. Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Employment Standards Administration (ESA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202–395–7316 (this is not a tollfree number), within 30 days from the date of this publication in the Federal Register. The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: Employment Standards Administration. Type of Review: Extension of currently approved collection. Title: Health Insurance Claim Form. OMB Number: 1215–0055. Form Number: OWCP–1500. Frequency: On occasion. Type of Response: Reporting. Affected Public: Business or other forprofit; Note-for-profit institutions; and Individuals or households. Number of Respondents: 735,000. Estimated Annual Responses: 2,940,000. Average Response Time: 7 minutes. Annual Burden Hours: 342,908. Total Annualized capital/startup costs: $0. Total Annual Costs (operating/ maintaining systems or purchasing services): $0. Description: The Office of Workers’ Compensation Programs (OWCP) is the agency responsible for administration of the Federal Employees’ Compensation Act (FECA), 5 U.S.C. 8101, et seq., the Black Lung Benefits Act (BLBA), 30 U.S.C. 901 et seq. and the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. 7384 et seq. All three of these statutes require that OWCP pay for medical treatment of beneficiaries; BLBA also requires that OWCP pay for medical examinations and related diagnostic services to determine eligibility for benefits under that statute. In order to determine whether billed amounts are appropriate, OWCP needs to identify the patient, the injury or illness that was treated or diagnosed, the specific services that are rendered and their relationship to the work-related injury or illness. The regulations implementing these statutes require the use of Form OWCP–1500 for medical bills submitted by certain E:\FR\FM\14JYN1.SGM 14JYN1

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[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Notices]
[Pages 40151-40152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6221]


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DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

[EOIR No. 153]


Revised General Practice Regarding First Briefing Deadline 
Extension Request for Detained Aliens

AGENCY: Board of Immigration Appeals, Executive Office for Immigration 
Review, Department of Justice.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice advises of a revised general practice to be 
followed by the Board of Immigration Appeals regarding briefing 
deadlines for cases before the Board in which the alien is detained. 
The additional time period

[[Page 40152]]

granted for a first briefing extension will generally be reduced from 
21 days to 15 days, and the number of extension requests granted will 
generally be reduced from one per party to one per case.

DATES: This notice is effective on August 14, 2006.

FOR FURTHER INFORMATION CONTACT: MaryBeth Keller, General Counsel, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
2600, Falls Church, Virginia 22041; telephone (703) 305-0470 (not a 
toll free call).

SUPPLEMENTARY INFORMATION: The Board of Immigration Appeals (Board) has 
the authority to set and extend briefing deadlines in all cases pending 
before it. 8 CFR 1003.3(c). The regulations state that in cases 
involving aliens in custody, the parties shall be provided 21 days in 
which to file simultaneous briefs unless a shorter period is specified 
by the Board. Id. In cases involving aliens who are not in custody, the 
briefing period is also 21 days, but the briefing period is sequential. 
Id. The regulations state that the Board, upon written motion, may 
extend the period for filing a brief for up to 90 days for good cause 
shown. Id. While the regulations do not limit the briefing extension 
period any further, the Board has established a policy for briefing 
extension requests in the Board of Immigration Appeals Practice 
Manual.\
    The Board Practice Manual provides that the filing of an extension 
request does not automatically extend the briefing deadline, and until 
the Board affirmatively grants an extension request, the existing 
deadline still stands. Practice Manual Chapter 4.7(c). Prior to the 
publication of this Notice, the Practice Manual did not distinguish 
between detained and non-detained aliens with regard to briefing 
extension requests. The Practice Manual provided that, as a matter of 
policy, the Board would grant one extension per party, and that party 
was given an additional 21 days in which to file a briefs regardless of 
the time requested. Practice Manual Chapter 4.7(c)(i). Those 21 days 
were added to the original filing deadline for both parties.
    In an effort to further reduce the amount of time a detained alien 
is in proceedings, the Board is revising this general policy and 
procedure. In the future, when an alien is in detention, the Board 
will, as a matter of policy and procedure, ordinarily grant one 
extension request per case for 15 days. A first extension request from 
either party, if granted, will extend the briefing deadline for both 
parties. If the opposing party thereafter submits an extension request, 
it will be considered a second extension request. As noted in the Board 
Practice Manual, second extension requests are only granted in rare 
circumstances. The Board's policy as set forth in Practice Manual 
Chapter 4.7(c)(i) will accordingly be amended to reflect this change.
    At present, because briefing is simultaneous, extension requests 
from both parties are often filed within days of each other. The result 
is that the Board routinely and unnecessarily grants two extension 
requests. The Board's new general policy will be to limit briefing 
extensions to one per case for detained aliens due to difficulties with 
administering briefing requests from both parties. This change will 
eliminate these unintended delays. The Board will continue to accept 
reply briefs filed within 14 days after expiration of the briefing 
schedule, though the Board will not suspend or delay adjudication of 
the appeal in anticipation of the filing of a reply brief.

    Dated: July 6, 2006.
Lori Scialabba,
Chairman, Board of Immigration Appeals.
[FR Doc. 06-6221 Filed 7-13-06; 8:45 am]
BILLING CODE 4410-30-M