Withdrawal of Notices of Proposed Rulemaking, 107044 [2024-30754]

Agencies

• Executive Office for Immigration Review
• Department of Justice

[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Proposed Rules]
[Page 107044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30754]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / 
Proposed Rules

[[Page 107044]]



DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Parts 1001, 1003 and 1240

[EOIR Docket Nos. 18-0503, 19-0410; AG Order No. 6120-2024]
RIN 1125-AB01, 1125-AB03


Withdrawal of Notices of Proposed Rulemaking

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

ACTION: Notice of withdrawal of proposed rules.

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SUMMARY: The Executive Office for Immigration Review (``EOIR'') is 
withdrawing two of its Notices of Proposed Rulemaking (``NPRMs''): (1) 
Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal, 
and (2) Good Cause for a Continuance in Immigration Proceedings, both 
published on November 27, 2020, and is providing this notice of 
withdrawal. EOIR is withdrawing these NPRMs because of ongoing 
assessments of agency needs, priorities, and objectives. EOIR will not 
take any further action on these NPRMs.

DATES: As of December 31, 2024, the NPRMs published on November 27, 
2020, titled ``Motions To Reopen and Reconsider; Effect of Departure; 
Stay of Removal,'' 85 FR 75942, and ``Good Cause for a Continuance in 
Immigration Proceedings,'' 85 FR 75925, are withdrawn.

FOR FURTHER INFORMATION CONTACT: Sarah Flinn, Acting Assistant Director 
for Policy, 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: On November 27, 2020, the Department of 
Justice (``Department'') proposed amendments to its regulations through 
publication of two NPRMs. See 85 FR 75925, 75942 (corresponding to 
Regulation Identifier Numbers (``RINs'') 1125-AB03 and 1125-AB01, 
respectively). Specifically, the NPRM titled ``Motions To Reopen and 
Reconsider; Effect of Departure; Stay of Removal'' proposed to amend 
EOIR's regulations at 8 CFR parts 1001 and 1003 governing the filing 
and adjudication of motions to reopen and reconsider--including those 
motions following a noncitizen's departure from the United States, 
commonly known as the ``departure bar''--and to add regulations 
governing requests for discretionary stays of removal. See id. at 
75942, 75945 (RIN 1125-AB01). The NPRM titled ``Good Cause for a 
Continuance in Immigration Proceedings'' proposed to amend EOIR's 
regulations at 8 CFR parts 1003 and 1240 to define ``good cause'' in 
the context of continuances, adjournments, and postponements of 
immigration proceedings. See id. at 75925 (RIN 1125-AB03).
    The Department is withdrawing these NPRMs because further 
rulemaking action with respect to these NPRMs does not align with 
agency needs, priorities, and objectives. The Department continues to 
consider the best means of addressing some or all of the issues covered 
by these NPRMs and the scope of any agency actions the Department 
concludes may be necessary to address these issues.\1\
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    \1\ Of note, an earlier entry on EOIR's Unified Agenda under RIN 
1125-AA74 was merged with RIN 1125-AB01 in the Spring 2020 Unified 
Agenda. RIN 1125-AA74 was developed partly as a response to a 2012 
petition for rulemaking regarding the departure bar provision. In 
response to the petition for rulemaking, EOIR agreed to initiate 
rulemaking to amend the departure bar regulatory provisions at 8 CFR 
1003.2(d) and 1003.23(b)(1). EOIR asserted that it was not, however, 
committing to any particular outcome for that entry. See Off. of 
Immigr. & Regul. Affs., Immigration Courts and the Board of 
Immigration Appeals: Motions to Reopen and Reconsider; Effect of 
Departure or Removal (Spring 2020), https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1125-AA74 (describing RIN 1125-
AA74). As described above, EOIR continues to assess issues 
implicated by RIN 1125-AB01 and, hence, RIN 1125-AA74.
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    Moreover, the comments received on these NPRMs raised a number of 
issues that warrant further attention and suggest that the Department 
should further assess the best regulatory approach, if any, for 
addressing the issues in the NPRMs. Thus, the Department is withdrawing 
these NPRMs because, even if the Department were to determine in the 
future that rulemaking on these issues is appropriate, the Department 
believes that it would benefit from seeking comments on any new 
proposal that might account for the specific issues raised in the 
comments received on these NPRMs.
    In addition, all agencies participate in the semi-annual Unified 
Agenda of Regulatory and Deregulatory Actions (``Unified Agenda''), 
which provides a summary description of the regulatory actions that 
each agency is considering or reviewing.\2\ Agencies' agendas are 
posted on the public website of the Office of Information and 
Regulatory Affairs, and portions are published in the Federal Register 
in the spring and fall of each year. The Unified Agenda is often used 
as a tool to solicit interest and participation from stakeholders. 
Withdrawal of these NPRMs will allow EOIR to better align its entries 
on the Department's Unified Agenda with the agency's needs, priorities, 
and objectives.
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    \2\ Dates and schedules on the Unified Agenda are subject to 
change. See Introduction to the Unified Agenda of Federal Regulatory 
and Deregulatory Actions--Spring 2024, 89 FR 66764, 66765 (Aug. 16, 
2024). Agencies may withdraw regulations listed on their Unified 
Agenda, and they may issue or propose other regulations not included 
in their agendas. Id. Agency actions in the rulemaking process may 
occur before or after the dates listed in their Unified Agenda. Id. 
The Unified Agenda does not create a legal obligation on agencies to 
adhere to schedules in their Unified Agenda or to confine their 
regulatory activities to those regulations that appear on it. Id.
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    Accordingly, for all of these independently sufficient reasons, the 
Department is withdrawing the NPRMs associated with RINs 1125-AB01 and 
1125-AB03. By withdrawing the NPRMs, the Department is indicating that 
it no longer considers these NPRMs to be pending. The status quo 
regarding motions and continuances before EOIR will continue unaffected 
by these rulemakings for the time being. Should the Department decide 
at a future date to initiate the same or similar rulemakings, the 
Department will issue new NPRM(s) under new RIN(s).

    Dated: December 19, 2024.
Merrick B. Garland,
Attorney General.
[FR Doc. 2024-30754 Filed 12-30-24; 8:45 am]
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