Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, 1737 [2021-00409]

Download as PDF 1737 Rules and Regulations Federal Register Vol. 86, No. 6 Monday, January 11, 2021 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF HOMELAND SECURITY § 1235.6 1. On page 80400, in the third column, in part 1235, in amendatory instruction 38c is corrected to read ‘‘Revising paragraphs (a)(2)(i) and (iii); and’’. DEPARTMENT OF JUSTICE Dated: January 7, 2021. Rosemary Hart, Special Counsel and Liaison to the Federal Register. Executive Office for Immigration Review 8 CFR Parts 1235 [FR Doc. 2021–00409 Filed 1–8–21; 8:45 am] [EOIR Docket No. 18–0102; A.G. Order No. 4922–2020] RIN 1125–AA94 Department of Homeland Security; Executive Office for Immigration Review, Department of Justice. ACTION: Final rule; correction. AGENCY: Jkt 253001 11 CFR Part 111 [NOTICE 2020–08] Civil Monetary Penalties Annual Inflation Adjustments Federal Election Commission. Final rule. AGENCY: ACTION: The Department of Justice is correcting a final rule that appeared in the Federal Register on December 11, 2020. That document amended Department of Homeland Security and Department of Justice (‘‘the Departments’’) regulations governing credible fear determinations. Individuals found to have a credible fear will have their claims for asylum, withholding of removal under Immigration and Nationality or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, adjudicated by an immigration judge within the Executive Office for Immigration Review in streamlined proceedings (rather than under section 240 of the Act). The final rule also specifid what standard of review applies in such streamlined proceedings. DATES: Effective on January 11, 2021. FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Assistant Director, SUMMARY: jbell on DSKJLSW7X2PROD with RULES BILLING CODE 4410–30–P FEDERAL ELECTION COMMISSION Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review 19:42 Jan 08, 2021 [Corrected] ■ RIN 1615–AC42 VerDate Sep<11>2014 Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Falls Church, VA 22041, telephone (703) 305–0289 (not a toll-free call). SUPPLEMENTARY INFORMATION: In FR Rule Doc. 2020–26875, appearing on page 80400 in the Federal Register of Friday, December 11, 2020, the following correction is made: As required by the Federal Civil Penalties Inflation Adjustment Act of 1990, the Federal Election Commission is adjusting for inflation the civil monetary penalties established under the Federal Election Campaign Act, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. The civil monetary penalties being adjusted are those negotiated by the Commission or imposed by a court for certain statutory violations, and those imposed by the Commission for late filing of, or failure to file, certain reports required by the Federal Election Campaign Act. The adjusted civil monetary penalties are calculated according to a statutory formula and the adjusted amounts will apply to penalties assessed after the effective date of these rules. DATES: The final rules are effective on January 11, 2021. FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General Counsel, Mr. Joseph P. Wenzinger, Attorney, or Ms. Terrell D. Stansbury, SUMMARY: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Paralegal, Office of General Counsel, (202) 694–1650 or (800) 424–9530. SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act of 1990 (the ‘‘Inflation Adjustment Act’’),1 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the ‘‘2015 Act’’),2 requires Federal agencies, including the Commission, to adjust for inflation the civil monetary penalties within their jurisdiction according to prescribed formulas. A civil monetary penalty is ‘‘any penalty, fine, or other sanction’’ that (1) ‘‘is for a specific monetary amount’’ or ‘‘has a maximum amount’’ under Federal law; and (2) that a Federal agency assesses or enforces ‘‘pursuant to an administrative proceeding or a civil action’’ in Federal court.3 Under the Federal Election Campaign Act, 52 U.S.C. 30101–45 (‘‘FECA’’), the Commission may seek and assess civil monetary penalties for violations of FECA, the Presidential Election Campaign Fund Act, 26 U.S.C. 9001–13, and the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031–42. The Inflation Adjustment Act requires Federal agencies to adjust their civil penalties annually, and the adjustments must take effect no later than January 15 of every year.4 Pursuant to guidance issued by the Office of Management and Budget,5 the Commission is now adjusting its civil monetary penalties for 2021.6 The Commission must adjust for inflation its civil monetary penalties ‘‘notwithstanding Section 553’’ of the Administrative Procedure Act (‘‘APA’’).7 Thus, the APA’s notice-andcomment and delayed effective date requirements in 5 U.S.C. 553(b)–(d) do 1 Public Law 101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461 note), amended by Debt Collection Improvement Act of 1996, Public Law 104–134, sec. 31001(s)(1), 110 Stat. 1321, 1321–373; Federal Reports Elimination Act of 1998, Public Law 105– 362, sec. 1301, 112 Stat. 3280. 2 Public Law 114–74, sec. 701, 129 Stat. 584, 599. 3 Inflation Adjustment Act sec. 3(2). 4 Inflation Adjustment Act sec. 4(a). 5 See Inflation Adjustment Act sec. 7(a) (requiring OMB to ‘‘issue guidance to agencies on implementing the inflation adjustments required under this Act’’); see also Memorandum from Russell T. Vought, Director, Office of Management and Budget, to Heads of Executive Departments and Agencies, M–21–10, Dec. 23, 2020, https:// www.whitehouse.gov/wp-content/uploads/2020/12/ M-21-10.pdf (‘‘OMB Memorandum’’). 6 Inflation Adjustment Act sec. 5. 7 Inflation Adjustment Act sec. 4(b)(2). E:\FR\FM\11JAR1.SGM 11JAR1

Agencies

[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Page 1737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00409]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules 
and Regulations

[[Page 1737]]



DEPARTMENT OF HOMELAND SECURITY

RIN 1615-AC42

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Parts 1235

[EOIR Docket No. 18-0102; A.G. Order No. 4922-2020]
RIN 1125-AA94


Procedures for Asylum and Withholding of Removal; Credible Fear 
and Reasonable Fear Review

AGENCY: Department of Homeland Security; Executive Office for 
Immigration Review, Department of Justice.

ACTION: Final rule; correction.

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

SUMMARY: The Department of Justice is correcting a final rule that 
appeared in the Federal Register on December 11, 2020. That document 
amended Department of Homeland Security and Department of Justice 
(``the Departments'') regulations governing credible fear 
determinations. Individuals found to have a credible fear will have 
their claims for asylum, withholding of removal under Immigration and 
Nationality or protection under the regulations issued pursuant to the 
legislation implementing the Convention Against Torture and Other 
Cruel, Inhuman, or Degrading Treatment or Punishment, adjudicated by an 
immigration judge within the Executive Office for Immigration Review in 
streamlined proceedings (rather than under section 240 of the Act). The 
final rule also specifid what standard of review applies in such 
streamlined proceedings.

DATES: Effective on January 11, 2021.

FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Assistant Director, 
Office of Policy, Executive Office for Immigration Review, 5107 
Leesburg Pike, Falls Church, VA 22041, telephone (703) 305-0289 (not a 
toll-free call).

SUPPLEMENTARY INFORMATION: In FR Rule Doc. 2020-26875, appearing on 
page 80400 in the Federal Register of Friday, December 11, 2020, the 
following correction is made:


Sec.  1235.6   [Corrected]

0
1. On page 80400, in the third column, in part 1235, in amendatory 
instruction 38c is corrected to read ``Revising paragraphs (a)(2)(i) 
and (iii); and''.

    Dated: January 7, 2021.
Rosemary Hart,
Special Counsel and Liaison to the Federal Register.
[FR Doc. 2021-00409 Filed 1-8-21; 8:45 am]
BILLING CODE 4410-30-P