Executive Office for Immigration Review 2020 – Federal Register Recent Federal Regulation Documents

Security Bars and Processing
Document Number: 2020-28436
Type: Rule
Date: 2020-12-23
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
On July 9, 2020, DHS and DOJ (collectively, ``the Departments'') published a notice of proposed rulemaking (``NPRM'') clarifying that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. This final rule responds to comments received in response to the NPRM and reflects (and in some instances, modifies) intervening changes made to the regulatory framework by Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, published December 11, 2020 (``Global Asylum Final Rule''). Namely, it amends existing regulations to clarify that in certain circumstances there are ``reasonable grounds for regarding [an] alien as a danger to the security of the United States'' or ``reasonable grounds to believe that [an] alien is a danger to the security of the United States'' based on emergency public health concerns generated by a communicable disease, making the alien ineligible to be granted asylum in the United States under section 208 of the Immigration and Nationality Act (``INA'') or the protection of withholding of removal under the INA (``statutory withholding of removal'') or subsequent regulations (because of the threat of torture). The final rule further allows DHS to exercise its prosecutorial discretion regarding how to process individuals subject to expedited removal who are determined to be ineligible for asylum and withholding of removal in the United States because they are subject to the danger to the security of the United States. Finally, the rule modifies the process in expedited removal proceedings for screening aliens for potential eligibility for deferral of removal (who are ineligible for withholding of removal as subject to the danger to the security of the United States bar).
Executive Office for Immigration Review; Fee Review
Document Number: 2020-27506
Type: Rule
Date: 2020-12-18
Agency: Executive Office for Immigration Review, Department of Justice
On February 28, 2020, the Department of Justice (``the Department'' or ``DOJ'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would increase the fees for those Executive Office for Immigration Review (``EOIR'') applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review conducted by EOIR. The proposed rule would not affect fees established by the Department of Homeland Security (``DHS'') with respect to DHS forms for applications that are filed or submitted in EOIR proceedings. The proposal would not affect the ability of aliens to submit fee waiver requests, nor would it add new fees. The proposed rule would also update cross-references to DHS regulations regarding fees and make a technical change regarding requests under the Freedom of Information Act (``FOIA''). This final rule responds to comments received in response to the NPRM and adopts the fee amounts proposed in the NPRM without change.
Asylum Eligibility and Procedural Modifications
Document Number: 2020-27856
Type: Rule
Date: 2020-12-17
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
On July 16, 2019, the Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or, collectively, ``the Departments'') published an interim final rule (``IFR'') governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border between the United States and Mexico (``southern land border'') after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States. This final rule responds to comments received on the IFR and makes minor changes to regulations implemented or affected by the IFR for clarity and correction of typographical errors.
Procedures for Asylum and Withholding of Removal
Document Number: 2020-27210
Type: Rule
Date: 2020-12-16
Agency: Executive Office for Immigration Review, Department of Justice
On September 23, 2020, the Department of Justice (``DOJ'' or ``the Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that proposed to amend the regulations governing the adjudication of applications for asylum and withholding of removal before the Executive Office for Immigration Review (``EOIR''), including outlining requirements for filing a complete application for relief and the consequences of filing an incomplete application, and establishing a 15-day filing deadline for aliens applying for asylum in asylum-and-withholding-only-proceedings, and clarifying evidentiary standards in adjudicating such applications. Further, the Department proposed changes related to the 180-day asylum adjudication clock. This final rule responds to comments received in response to the NPRM and adopts the NPRM with few changes.
Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
Document Number: 2020-27008
Type: Rule
Date: 2020-12-16
Agency: Executive Office for Immigration Review, Department of Justice
On August 26, 2020, the Department of Justice (``Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would amend the regulations of the Executive Office for Immigration Review (``EOIR'') regarding the handling of appeals to the Board of Immigration Appeals (``BIA'' or ``Board''). The Department proposed multiple changes to the processing of appeals to ensure the consistency, efficiency, and quality of its adjudications. The Department also proposed to amend the regulations to make clear that there is no freestanding authority of line immigration judges or BIA members to administratively close cases. Finally, the Department proposed to delete inapplicable or unnecessary provisions regarding the forwarding of the record of proceedings on appeal. This final rule responds to comments received in response to the NPRM and adopts the NPRM with minor changes as described below.
Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
Document Number: 2020-26875
Type: Rule
Date: 2020-12-11
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
On June 15, 2020, the Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') (collectively ``the Departments'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would amend the regulations governing credible fear determinations. The proposed rule would make it so that individuals found to have a credible fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (``INA'' or ``the Act'') (``statutory withholding of removal''), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (``CAT''), adjudicated by an immigration judge within the Executive Office for Immigration Review (``EOIR'') in streamlined proceedings (rather than under section 240 of the Act), and to specify what standard of review applies in such streamlined proceedings. The Departments further proposed changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the Convention Against Torture (``CAT'') regulations. The Departments also proposed amendments related to the standards for adjudication of applications for asylum and statutory withholding. This final rule (``rule'' or ``final rule'') responds to comments received in response to the NPRM and generally adopts the NPRM with few substantive changes.
Executive Office for Immigration Review Electronic Case Access and Filing
Document Number: 2020-26115
Type: Proposed Rule
Date: 2020-12-04
Agency: Executive Office for Immigration Review, Department of Justice
The Executive Office for Immigration Review (``EOIR'') is proposing to implement electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals (``BIA''). The proposed rule would update the relevant regulations necessary to implement these electronic filing and records applications, including requiring certain users to file documents electronically and changes to service of process. EOIR further proposes clarifications to the regulations regarding law student filing and accompaniment procedures.
Good Cause for a Continuance in Immigration Proceedings
Document Number: 2020-25931
Type: Proposed Rule
Date: 2020-11-27
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (``Department'' or ``DOJ'') is proposing to define ``good cause,'' in the context of continuances, adjournments, and postponements, in its immigration regulations.
Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal
Document Number: 2020-25912
Type: Proposed Rule
Date: 2020-11-27
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (``Department'') proposes to amend Executive Office for Immigration Review (``EOIR'') regulations governing the filing and adjudication of motions to reopen and reconsider and to add regulations governing requests for discretionary stays of removal.
Organization of the Executive Office for Immigration Review
Document Number: 2020-23210
Type: Rule
Date: 2020-11-03
Agency: Executive Office for Immigration Review, Department of Justice
On August 26, 2019, the Department of Justice (``Department'') published an interim final rule (``IFR'') amending the regulations related to the internal organization of the Executive Office for Immigration Review (``EOIR''). The amendments reflected changes related to the establishment of EOIR's Office of Policy (``OP'') in 2017, made related clarifications or changes to the organizational role of EOIR's Office of the General Counsel (``OGC'') and Office of Legal Access Programs (``OLAP''), updated the Department's organizational regulations to align them with EOIR's regulations, made nomenclature changes to the titles of the members of the Board of Immigration Appeals (``BIA'' or ``Board''), provided for a delegation of authority from the Attorney General to the EOIR Director (``Director'') related to the efficient disposition of appeals, and clarified the Director's authority to adjudicate cases following changes to EOIR's Recognition and Accreditation Program (``R&A Program'') in 2017. This final rule responds to comments received and adopts the provisions of the IFR with some additional amendments: Restricting the authority of the Director regarding the further delegation of certain regulatory authorities, clarifying that the Director interprets relevant regulatory provisions when adjudicating recognition and accreditation (``R&A'') cases, and reiterating the independent judgment and discretion by which the Director will consider cases subject to his adjudication.
Procedures for Asylum and Bars to Asylum Eligibility
Document Number: 2020-23159
Type: Rule
Date: 2020-10-21
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
On December 19, 2019, the Department of Justice (``DOJ'') and the Department of Homeland Security (``DHS'') (collectively, ``the Departments'') published a notice of proposed rulemaking (``NPRM'') that would amend their respective regulations governing the bars to asylum eligibility. The Departments also proposed to clarify the effect of criminal convictions and to remove their respective regulations governing the automatic reconsideration of discretionary denials of asylum applications. This final rule (``final rule'' or ``rule'') responds to comments received and adopts the provisions of the NPRM with technical corrections to ensure clarity and internal consistency.
Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances
Document Number: 2020-20045
Type: Proposed Rule
Date: 2020-09-30
Agency: Executive Office for Immigration Review, Department of Justice
This proposed rule would amend Department of Justice (``Department'' or ``DOJ'') regulations to allow practitioners to assist individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before the Executive Office for Immigration Review (``EOIR'') by filing an amended version of EOIR's current forms (Form EOIR-27 and Form EOIR-28) noticing the entry of appearance of a practitioner. Those amended forms would also function as a notice of disclosure of legal assistance for practitioners who provide legal assistance but choose not to represent aliens in immigration proceedings, and also a notice of disclosure of preparation by practitioners. The proposed rule would further clarify that the only persons who may file a document with the agency are those recognized as eligible to do business with the agency and those aliens who are filing a document over which the agency has jurisdiction. Also, the proposed rule would make non-substantive changes regarding capitalization and amend outdated references to the former Immigration and Naturalization Service (``INS'').
Procedures for Asylum and Withholding of Removal
Document Number: 2020-21027
Type: Proposed Rule
Date: 2020-09-23
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (``Department'' or ``DOJ'') proposes to amend the Executive Office for Immigration Review (``EOIR'') regulations governing asylum and withholding of removal, including changes to what must be included with an application for such relief for it to be considered complete and the consequences of filing an incomplete application, changes establishing a 15-day filing deadline for aliens applying for asylum in asylum-and-withholding-only proceedings, and changes related to the 180-day asylum adjudication clock.
Agency Information Collection Activities; Proposed Collection; Comments Requested; Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals
Document Number: 2020-20818
Type: Notice
Date: 2020-09-22
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), 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.
Security Bars and Processing
Document Number: 2020-14758
Type: Proposed Rule
Date: 2020-07-09
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
This proposed rule would amend existing DHS and DOJ (collectively, ``the Departments'') regulations to clarify that the Departments may consider emergency public health concerns based on communicable disease due to potential international threats from the spread of pandemics when making a determination as to whether ``there are reasonable grounds for regarding [an] alien as a danger to the security of the United States'' and, thus, ineligible to be granted asylum or the protection of withholding of removal in the United States under Immigration and Nationality Act (``INA'') sections 208 and 241 and DHS and DOJ regulations. The proposed rule also would provide that this application of the statutory bars to eligibility for asylum and withholding of removal will be effectuated at the credible fear screening stage for aliens in expedited removal proceedings in order to streamline the protection review process and minimize the spread and possible introduction into the United States of communicable and widespread disease. The proposed rule further would allow DHS to exercise its prosecutorial discretion regarding how to process individuals subject to expedited removal who are determined to be ineligible for asylum in the United States on certain grounds, including being reasonably regarded as a danger to the security of the United States. Finally, the proposed rule would modify the process for evaluating the eligibility of aliens for deferral of removal who are ineligible for withholding of removal as presenting a danger to the security of the United States.
Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
Document Number: 2020-12575
Type: Proposed Rule
Date: 2020-06-15
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
The Department of Justice and the Department of Homeland Security (collectively, ``the Departments'') propose to amend the regulations governing credible fear determinations so that individuals found to have such a fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (``INA'' or ``the Act'') (``statutory withholding of removal''), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (``CAT''), adjudicated by an immigration judge within the Executive Office for Immigration Review (``EOIR'') in streamlined proceedings (rather than in proceedings under section 240 of the Act), and to specify what standard of review applies in such streamlined proceedings. The Departments further propose changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the CAT regulations. The Departments also propose amendments related to the standards for adjudication of applications for asylum and statutory withholding.
Implementation of the Northern Mariana Islands U.S. Workforce Act of 2018
Document Number: 2020-07616
Type: Rule
Date: 2020-04-30
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (``DOJ'' or ``the Department'') is making technical amendments to its regulations to conform to changes made by the Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act). The Workforce Act, in part, extended the bar for asylum in the Commonwealth of the Northern Mariana Islands (CNMI) by fifteen years, providing that the current bar will continue to apply for asylum applications submitted prior to January 1, 2030. This final rule makes the necessary conforming date changes in the Department's regulations.
Expanding the Size of the Board of Immigration Appeals
Document Number: 2020-06846
Type: Rule
Date: 2020-04-01
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 23 members.
Executive Office for Immigration Review; Fee Review
Document Number: 2020-03784
Type: Proposed Rule
Date: 2020-02-28
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice's Executive Office for Immigration Review (``EOIR'') imposes fees, also known as user charges, for the filing of certain EOIR forms for applications for relief, appeals filed with the Board of Immigration Appeals (``BIA''), and motions to reopen or reconsider. When applicable, the current fee for EOIR applications for relief is $100, and the fee for motions or appeals is $110. EOIR last reviewed and updated these fees 33 years ago, in 1986. This proposed rule (``proposed rule'' or ``rule'') would increase the fees for those EOIR applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review conducted by EOIR. This proposed rule would not affect the fees that have been established by the Department of Homeland Security (``DHS'') with respect to DHS forms for applications that are filed or submitted in EOIR proceedings. This proposal does not affect the ability of aliens to submit fee waiver requests, nor does it add new fees. The proposed rule also updates cross-references to DHS regulations regarding fees and makes a technical change regarding requests under the Freedom of Information Act.