Executive Office for Immigration Review November 3, 2020 – Federal Register Recent Federal Regulation Documents

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.