Executive Office for Immigration Review – Federal Register Recent Federal Regulation Documents

Eliminating Exception to Expedited Removal Authority for Cuban Nationals Arriving by Air
Document Number: 2017-00902
Type: Rule
Date: 2017-01-17
Agency: Executive Office for Immigration Review, Department of Justice
This final rule revises Executive Office for Immigration Review (EOIR) regulations to eliminate the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the United States at a port of entry by aircraft. This final rule conforms with a parallel Department of Homeland Security (DHS) regulation. As a result of these changes, Cuban nationals who arrive in the United States at a port of entry by aircraft will be subject to expedited removal proceedings commensurate with nationals of other countries.
Recognition of Organizations and Accreditation of Non-Attorney Representatives
Document Number: 2016-29726
Type: Rule
Date: 2016-12-19
Agency: Executive Office for Immigration Review, Department of Justice
This rule amends the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent persons in proceedings before the Executive Office for Immigration Review (EOIR) and the Department of Homeland Security (DHS). The rule also amends the regulations concerning EOIR's disciplinary procedures.
Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal
Document Number: 2016-28590
Type: Proposed Rule
Date: 2016-11-30
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice proposes to amend the regulations of the Executive Office for Immigration Review (EOIR) governing the annual statutory limitation on cancellation of removal and suspension of deportation decisions. First, the rule proposes to eliminate certain procedures created in 1998 that were used to convert 8,000 conditional grants of suspension of deportation and cancellation of removal to outright grants before the end of fiscal year 1998. The need for such procedures ceased to exist after the end of fiscal year 1998. Second, the Department proposes to authorize immigration judges and the Board of Immigration Appeals (Board) to issue final decisions denying applications, without restriction, regardless of whether the annual limitation has been reached. This proposed amendment would decrease the high volume of reserved decisions that results when the annual limitation is reached early in the fiscal year; reduce the associated delays caused by postponing the resolution of pending cases before EOIR; and provide an applicant with knowledge of a decision in the applicant's case on or around the date of the hearing held on the applicant's suspension or cancellation application.
Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
Document Number: 2016-17540
Type: Proposed Rule
Date: 2016-07-28
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (Department) is proposing to amend the regulations of the Executive Office for Immigration Review (EOIR) by establishing procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based upon a claim of ineffective assistance of counsel. This proposed rule is in response to Matter of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009), in which the Attorney General directed EOIR to develop such regulations. The Department also proposes to amend the EOIR regulations that provide that ineffective assistance of counsel may constitute extraordinary circumstances that may excuse the failure to file an asylum application within 1 year after the date of arrival in the United States.
Agency Information Collection Activities; Proposed eCollection; eComments Requested;Notice of Appeal From a Decision of an Immigration Judge (EOIR-26)
Document Number: 2016-13738
Type: Notice
Date: 2016-06-10
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (DOJ), Executive Office for Immigration Review, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. This proposed collection was previously published in Federal Register at 81 FR 19639, on April 5, 2016, allowing for a 60 day comment period.
Adjustment of Status to That of Person Admitted for Permanent Residence
Document Number: 2015-32118
Type: Rule
Date: 2015-12-22
Agency: Executive Office for Immigration Review, Department of Justice
Recognition of Organizations and Accreditation of Non-Attorney Representatives
Document Number: 2015-26083
Type: Proposed Rule
Date: 2015-10-14
Agency: Executive Office for Immigration Review, Department of Justice
The Executive Office for Immigration Review (EOIR) has published in the Federal Register a proposed rule amending the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent persons in proceedings before EOIR and the Department of Homeland Security (DHS). The proposed rule also proposes amendments to the regulations concerning EOIR's disciplinary procedures. EOIR seeks public comment on issues affecting this proposed rule and will host three open public meetings to discuss it. The first meeting will be limited to a discussion of the recognition of organizations; the second meeting will address accreditation of representatives; and the third meeting will address oversight of recognized organizations and accredited representatives.
Recognition of Organizations and Accreditation of Non-Attorney Representatives
Document Number: 2015-24024
Type: Proposed Rule
Date: 2015-10-01
Agency: Executive Office for Immigration Review, Department of Justice
This rule proposes to amend the regulations governing the requirements and procedures for authorizing representatives of non- profit religious, charitable, social service, or similar organizations to represent persons in proceedings before the Executive Office for Immigration Review (EOIR) and the Department of Homeland Security (DHS). The rule also proposes amendments to the regulations concerning EOIR's disciplinary procedures.
List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings
Document Number: 2015-24017
Type: Rule
Date: 2015-10-01
Agency: Executive Office for Immigration Review, Department of Justice
This final rule adopts, as amended, the proposed rule entitled ``List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings.'' The final rule changes the name of the ``List of Free Legal Service Providers,'' maintained by the Executive Office for Immigration Review (EOIR), to the ``List of Pro Bono Legal Service Providers'' (List). It enhances the eligibility requirements for providers to be included on the List. It authorizes the Director of EOIR, or his or her designee, to place providers on the List and remove them from the List. The rule also allows the public to comment on eligible applicants and requires approved providers to certify their eligibility every 3 years.
Separate Representation for Custody and Bond Proceedings
Document Number: 2015-24016
Type: Rule
Date: 2015-10-01
Agency: Executive Office for Immigration Review, Department of Justice
This final rule adopts, without change, the proposed rule ``Separate Representation for Custody and Bond Proceedings'' as published in the Federal Register on September 17, 2014. Specifically, this final rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the representation of an individual in custody and bond proceedings before EOIR by allowing a representative before EOIR to enter an appearance in custody and bond proceedings without such appearance constituting an entry of appearance for all of the individual's proceedings before the Immigration Court.
Expanding the Size of the Board of Immigration Appeals
Document Number: 2015-13459
Type: Rule
Date: 2015-06-03
Agency: Executive Office for Immigration Review, Department of Justice
This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions, thereby expanding the Board to 17 members.
List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings
Document Number: 2014-21686
Type: Proposed Rule
Date: 2014-09-17
Agency: Executive Office for Immigration Review, Department of Justice
This rule proposes to amend 8 CFR parts 1003, 1240, and 1241 by changing the name of the ``List of Free Legal Services Providers'' to the ``List of Pro Bono Legal Service Providers.'' The rule also would enhance the eligibility requirements for organizations, private attorneys, and referral services to be included on the List of Pro Bono Legal Service Providers (List).
Separate Representation for Custody and Bond Proceedings
Document Number: 2014-21679
Type: Proposed Rule
Date: 2014-09-17
Agency: Executive Office for Immigration Review, Department of Justice
This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings without such appearance constituting an entry of appearance for all of the alien's proceedings before the Immigration Court.
Designation of Temporary Immigration Judges
Document Number: 2014-16279
Type: Rule
Date: 2014-07-11
Agency: Executive Office for Immigration Review, Department of Justice
This rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Office of the Chief Immigration Judge (OCIJ) to allow the Director of EOIR to designate or select, with the approval of the Attorney General, temporary immigration judges.
Office of the Chief Administrative Hearing Officer Electronic Filing Pilot Program
Document Number: 2014-12183
Type: Notice
Date: 2014-05-30
Agency: Executive Office for Immigration Review, Department of Justice
The Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), is creating a voluntary pilot program to test an electronic filing system in certain cases filed with OCAHO under 8 U.S.C. 1324a and 1324b. This notice describes the procedures for participation in the pilot program.
Procedures for Asylum and Withholding of Removal
Document Number: 2013-17394
Type: Rule
Date: 2013-07-18
Agency: Executive Office for Immigration Review, Department of Justice
Professional Conduct for Practitioners
Document Number: 2013-17392
Type: Rule
Date: 2013-07-18
Agency: Executive Office for Immigration Review, Department of Justice
Registry for Attorneys and Representatives
Document Number: 2013-11426
Type: Rule
Date: 2013-05-14
Agency: Executive Office for Immigration Review, Department of Justice
The Executive Office for Immigration Review (EOIR) has established a mandatory electronic registry for attorneys and accredited representatives who practice before EOIR's immigration courts and Board of Immigration Appeals (BIA or Board). This notice provides additional instructions regarding the registration process.
Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases
Document Number: 2013-09858
Type: Rule
Date: 2013-04-26
Agency: Executive Office for Immigration Review, Department of Justice
This final rule adopts without change an interim rule with request for comments published in the Federal Register on January 13, 2012. The interim rule amended regulations of the Executive Office for Immigration Review (EOIR) at the Department of Justice (Department) by removing unnecessary provisions in its regulations that are the responsibility of the Department of Homeland Security (DHS). This rule also transferred certain provisions to another CFR part. Finally, the interim rule made revisions to reference applicable DHS regulations and to make technical and clarifying amendments to regulations in that part.
Registry for Attorneys and Representatives
Document Number: 2013-07526
Type: Rule
Date: 2013-04-01
Agency: Executive Office for Immigration Review, Department of Justice
This final rule adopts, as amended, the proposed rule to authorize the Director of the Executive Office for Immigration Review (EOIR), or his designee, to register attorneys and accredited representatives as a condition of practicing before immigration judges and the Board of Immigration Appeals (Board or BIA). The final rule provides that the Director may establish registration procedures, including a requirement for electronic registration, and may administratively suspend from practice before EOIR any attorney or accredited representative who fails to provide certain registration information. This rule is part of an initiative to create an electronic case access and filing system within EOIR. The Department of Justice (Department) will publish a notice in the Federal Register prior to implementing the registration process. Although this rule is published as a final rule, post-promulgation public comments will be considered as EOIR moves forward with other phases of its electronic access and filing initiative.
Forwarding of Asylum Applications to the Department of State
Document Number: 2013-07252
Type: Rule
Date: 2013-03-29
Agency: Executive Office for Immigration Review, Department of Justice
This final rule adopts without substantive change the proposed rule with request for comments published in the Federal Register on October 31, 2011, and includes several non-substantive, technical corrections. The Department of Justice (Department) is amending its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The final rule amends the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change increases the efficiency of DOS' review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
Retrospective Regulatory Review Under E.O. 13563
Document Number: 2012-23874
Type: Proposed Rule
Date: 2012-09-28
Agency: Executive Office for Immigration Review, Department of Justice
Following the issuance of Executive Order 13563, the Department of Justice (Department or DOJ) issued a Plan for Retrospective Analysis of Existing Rules (Plan) on August 22, 2011, identifying several regulations that it plans to review during the next two years. Pursuant to that Plan, the Department is conducting a retrospective review of portions of the regulations of the Executive Office for Immigration Review (EOIR). The Department is considering proposing amendments to the EOIR regulations in parts 1003, 1103, 1208, 1211, 1212, 1215, 1216, and 1235 of chapter V of title 8 of the Code of Federal Regulations (CFR). The purpose of this Notice is to provide the public with advance notice of that future rulemaking and to request the public's input on potential amendments to the EOIR regulations.
Agency Information Collection Activities: Proposed Collection; Comments Requested: Immigration Practitioner Complaint Form
Document Number: 2012-10174
Type: Notice
Date: 2012-04-27
Agency: Executive Office for Immigration Review, Department of Justice
Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases
Document Number: 2012-602
Type: Rule
Date: 2012-01-13
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice is amending its regulations governing the discipline of immigration practitioners as follows. First, the Department is removing unnecessary regulations and adding appropriate references to applicable regulations of the Department of Homeland Security (DHS). Second, the Department is making technical amendments to the Executive Office for Immigration Review's (EOIR) practitioner disciplinary regulations and clarifying the Department of Justice's final rule on Professional Conduct for PractitionersRules and Procedures, and Representation and Appearances, which became effective on January 20, 2009.
Professional Conduct for Practitioners-Representation and Appearances
Document Number: 2011-33530
Type: Rule
Date: 2011-12-29
Agency: Executive Office for Immigration Review, Department of Justice
Civil Monetary Penalties Inflation Adjustment
Document Number: 2011-30174
Type: Rule
Date: 2011-12-01
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
This rule amends the Department of Homeland Security (DHS) regulations to adjust for inflation certain civil monetary penalties assessed under the Immigration and Nationality Act (INA). The adjusted penalties are calculated according to a statutory formula, and will be effective for violations occurring on or after the effective date. This rule also amends the Department of Justice (DOJ) regulations to eliminate duplicative language and to substitute cross-references to the relevant regulations.
Forwarding of Asylum Applications to the Department of State
Document Number: 2011-28117
Type: Proposed Rule
Date: 2011-10-31
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice is planning to amend its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS). Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The proposed rule would amend the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR could forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change would increase the efficiency of DOS's review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
Reorganization of Regulations on Control of Employment of Aliens
Document Number: 2011-6961
Type: Rule
Date: 2011-03-24
Agency: Executive Office for Immigration Review, Department of Justice
This final rule adopts without change an interim rule with request for comments published in the Federal Register on January 15, 2009. The interim rule amended regulations of the Executive Office for Immigration Review (EOIR), Department of Justice, by deleting the unnecessary, duplicative provisions in part 1274a of chapter V in title 8 of the Code of Federal Regulations (CFR) that are the responsibility of the Department of Homeland Security (DHS). This rule also revised the remaining provisions in part 1274a to reference the applicable DHS regulations.
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Document Number: E9-30287
Type: Rule
Date: 2009-12-22
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
With this amendment, the Department of Homeland Security (DHS) corrects an inadvertent error that was made in the interim final rule, Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands, published in the Federal Register on October 28, 2009, at 74 FR 55725.
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Document Number: E9-28417
Type: Rule
Date: 2009-11-27
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
This document contains corrections to the interim final rule published in the Federal Register on October 28, 2009. The interim final rule implemented conforming amendments to the Department of Homeland Security and the Department of Justice regulations to comply with the Consolidated Natural Resources Act of 2008. A review after publication identified one inadvertent omission and three errors in the interim final rule.
Application of Immigration Regulations to the Commonwealth of the Northern Mariana Islands
Document Number: E9-26094
Type: Rule
Date: 2009-10-28
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
The Department of Homeland Security (DHS) and the Department of Justice (DOJ) are implementing conforming amendments to their respective regulations to comply with the Consolidated Natural Resources Act of 2008 (CNRA). The CNRA extends the immigration laws of the United States to the Commonwealth of the Northern Mariana Islands (CNMI). This rule amends the regulations governing: asylum and credible fear of persecution determinations; references to the geographical ``United States'' and its territories and possessions; alien classifications authorized for employment; documentation acceptable for Employment Eligibility Verification; employment of unauthorized aliens; and adjustment of status of immediate relatives admitted under the Guam-CNMI Visa Waiver Program. Additionally, this rule makes a technical change to correct a citation error in the regulations governing the Visa Waiver Program and the regulations governing asylum and withholding of removal. The purpose of this rule is to ensure that the regulations apply to persons and entities arriving in or physically present in the CNMI to the extent authorized by the CNRA.
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-18318
Type: Notice
Date: 2009-07-31
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-12361
Type: Notice
Date: 2009-05-29
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-7489
Type: Notice
Date: 2009-04-03
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-7488
Type: Notice
Date: 2009-04-03
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-7487
Type: Notice
Date: 2009-04-03
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-7486
Type: Notice
Date: 2009-04-03
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-2090
Type: Notice
Date: 2009-01-30
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-1916
Type: Notice
Date: 2009-01-29
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-1915
Type: Notice
Date: 2009-01-29
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities: Proposed Collection; Comments Requested:
Document Number: E9-1914
Type: Notice
Date: 2009-01-29
Agency: Executive Office for Immigration Review, Department of Justice
Reorganization of Regulations on Control of Employment of Aliens
Document Number: E9-526
Type: Rule
Date: 2009-01-15
Agency: Executive Office for Immigration Review, Department of Justice
The Homeland Security Act of 2002, as amended, transferred the functions of the former Immigration and Naturalization Service (INS) from the Department of Justice to the Department of Homeland Security (DHS); however, it retained within the Department of Justice the functions of the Executive Office for Immigration Review (EOIR), a separate agency within the Department of Justice. Because the existing regulations often intermingled the responsibilities of the former INS and EOIR, this transfer required a reorganization of title 8 of the Code of Federal Regulations (CFR) in February 2003, including the establishment of a new chapter V in 8 CFR pertaining to EOIR. As part of this reorganization, a number of regulations pertaining to the responsibilities of DHS intentionally were duplicated in the new chapter V because of shared responsibilities. The Department of Justice now has determined that most of the duplicated regulations in part 1274a pertain to functions that are DHS's responsibility and do not need to be reproduced in EOIR's regulations in chapter V. This interim rule, therefore, deletes unnecessary regulations in part 1274a and makes appropriate reference to the applicable DHS regulations.
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: E9-133
Type: Notice
Date: 2009-01-09
Agency: Executive Office for Immigration Review, Department of Justice