Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act, 2131 [2011-426]
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Federal Register / Vol. 76, No. 8 / Wednesday, January 12, 2011 / Notices
without notice at any time, with respect
to any and all persons subject to it. Any
determination made under this exercise
of authority as set out above can inform
but shall not control a decision
regarding any subsequent benefit or
protection application, unless such
exercise of authority has been revoked.
This exercise of authority shall not be
construed to prejudice, in any way, the
ability of the U.S. government to
commence subsequent criminal or civil
proceedings in accordance with U.S.
law involving any beneficiary of this
exercise of authority (or any other
person). This exercise of authority
creates no substantive or procedural
right or benefit that is legally
enforceable by any party against the
United States or its agencies or officers
or any other person.
In accordance with section
212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens
to whom this exercise of authority is
applied, on the basis of case-by-case
decisions by the U.S. Department of
Homeland Security or by the U.S.
Department of State, shall be provided
to the specified congressional
committees not later than 90 days after
the end of the fiscal year.
This determination is based on an
assessment related to the national
security and foreign policy interests of
the United States as they apply to the
particular persons described herein and
shall not have any application with
respect to other persons or to other
provisions of U.S. law.
Dated: October 18, 2010.
Janet Napolitano,
Secretary of Homeland Security.
[FR Doc. 2011–425 Filed 1–11–11; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Exercise of Authority Under Section
212(d)(3)(B)(i) of the Immigration and
Nationality Act
Office of the Secretary, DHS.
Notice of Determination.
AGENCY:
ACTION:
mstockstill on DSKH9S0YB1PROD with NOTICES
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
Following consultations with the
Secretary of State and the Attorney
General, I hereby conclude, as a matter
of discretion in accordance with the
authority granted to me by section
212(d)(3)(B)(i) of the Immigration and
Nationality Act (INA), 8 U.S.C.
1182(d)(3)(B)(i), as amended, as well as
VerDate Mar<15>2010
17:25 Jan 11, 2011
Jkt 223001
the foreign policy and national security
interests deemed relevant in these
consultations, that section 212(a)(3)(B)
of the INA, 8 U.S.C. 1182(a)(3)(B),
excluding subclause (i)(II), shall not
apply, with respect to an alien, for any
activity or association relating to the All
Burma Students’ Democratic Front
(ABSDF), provided that the alien
satisfies the relevant agency authority
that the alien:
(a) Is seeking a benefit or protection
under the INA and has been determined
to be otherwise eligible for the benefit
or protection;
(b) Has undergone and passed all
relevant background and security
checks;
(c) Has fully disclosed, to the best of
his or her knowledge, in all relevant
applications and interviews with U.S.
government representatives and agents,
the nature and circumstances of
activities or associations falling within
the scope of section 212(a)(3)(B) of the
INA, 8 U.S.C. 1182(a)(3)(B);
(d) Has not participated in, or
knowingly provided material support to,
terrorist activities that targeted
noncombatant persons or U.S. interests;
(e) Poses no danger to the safety and
security of the United States; and
(f) Warrants an exemption from the
relevant inadmissibility provision in the
totality of the circumstances.
Implementation of this determination
will be made by U.S. Citizenship and
Immigration Services (USCIS), in
consultation with U.S. Immigration and
Customs Enforcement (ICE), or by U.S.
consular officers, as applicable, who
shall ascertain, to their satisfaction, and
in their discretion, that the particular
applicant meets each of the criteria set
forth above.
This exercise of authority may be
revoked as a matter of discretion and
without notice at any time, with respect
to any and all persons subject to it. Any
determination made under this exercise
of authority as set out above can inform
but shall not control a decision
regarding any subsequent benefit or
protection applications, unless such
exercise of authority has been revoked.
This exercise of authority shall not be
construed to prejudice, in any way, the
ability of the U.S. government to
commence subsequent criminal or civil
proceedings in accordance with U.S.
law involving any beneficiary of this
exercise of authority (or any other
person). This exercise of authority
creates no substantive or procedural
right or benefit that is legally
enforceable by any party against the
United States or its agencies or officers
or any other person.
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
2131
In accordance with section
212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens
to whom this exercise of authority is
applied, on the basis of case-by-case
decisions by the U.S. Department of
Homeland Security or by the U.S.
Department of State, shall be provided
to the specified congressional
committees not later than 90 days after
the end of the fiscal year.
This determination is based on an
assessment related to the national
security and foreign policy interests of
the United States as they apply to the
particular persons described herein and
shall not have any application with
respect to other persons or to other
provisions of U.S. law.
Dated: December 16, 2010.
Janet Napolitano,
Secretary of Homeland Security.
[FR Doc. 2011–426 Filed 1–11–11; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2010–0032]
Federal Radiological Preparedness
Coordinating Committee
Federal Emergency
Management Agency, DHS.
ACTION: Notice of public meeting.
AGENCY:
The Federal Radiological
Preparedness Coordinating Committee
(FRPCC) is holding a public meeting on
January 20, 2011 in Arlington, VA.
DATES: The meeting will take place on
January 20, 2011. The session open to
the public will be from 9 a.m. EST to 10
a.m. EST. Send written statements and
requests to make oral statements to the
contact person listed under the FOR
FURTHER INFORMATION CONTACT caption
by close of business January 14, 2011.
ADDRESSES: The meeting will be held at
the Crystal City Marriott at Reagan
National Airport located at 1999
Jefferson Davis Highway, Arlington, VA
22202, in Salon E & F.
FOR FURTHER INFORMATION CONTACT:
Timothy Greten, FRPCC Executive
Secretary, DHS/FEMA, 1800 South Bell
Street—CC847, Mail Stop 3025,
Arlington, VA 20598–3025; telephone
(202) 646–3907; fax (703) 305–0837; or
e-mail timothy.greten@dhs.gov.
SUPPLEMENTARY INFORMATION: The role
and functions of the Federal
Radiological Preparedness Coordinating
Committee (FRPCC) are described in 44
SUMMARY:
E:\FR\FM\12JAN1.SGM
12JAN1
Agencies
[Federal Register Volume 76, Number 8 (Wednesday, January 12, 2011)]
[Notices]
[Page 2131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-426]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS.
ACTION: Notice of Determination.
-----------------------------------------------------------------------
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
Following consultations with the Secretary of State and the
Attorney General, I hereby conclude, as a matter of discretion in
accordance with the authority granted to me by section 212(d)(3)(B)(i)
of the Immigration and Nationality Act (INA), 8 U.S.C.
1182(d)(3)(B)(i), as amended, as well as the foreign policy and
national security interests deemed relevant in these consultations,
that section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), excluding
subclause (i)(II), shall not apply, with respect to an alien, for any
activity or association relating to the All Burma Students' Democratic
Front (ABSDF), provided that the alien satisfies the relevant agency
authority that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed all relevant background and security
checks;
(c) Has fully disclosed, to the best of his or her knowledge, in
all relevant applications and interviews with U.S. government
representatives and agents, the nature and circumstances of activities
or associations falling within the scope of section 212(a)(3)(B) of the
INA, 8 U.S.C. 1182(a)(3)(B);
(d) Has not participated in, or knowingly provided material support
to, terrorist activities that targeted noncombatant persons or U.S.
interests;
(e) Poses no danger to the safety and security of the United
States; and
(f) Warrants an exemption from the relevant inadmissibility
provision in the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets each of
the criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time, with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above can inform but shall not control a decision regarding
any subsequent benefit or protection applications, unless such exercise
of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority creates no substantive or procedural right or
benefit that is legally enforceable by any party against the United
States or its agencies or officers or any other person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
U.S. Department of Homeland Security or by the U.S. Department of
State, shall be provided to the specified congressional committees not
later than 90 days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: December 16, 2010.
Janet Napolitano,
Secretary of Homeland Security.
[FR Doc. 2011-426 Filed 1-11-11; 8:45 am]
BILLING CODE 9110-9M-P