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

Procedures for Asylum and Bars to Asylum Eligibility
Document Number: 2019-27055
Type: Proposed Rule
Date: 2019-12-19
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security, U.S. Citizenship and Immigration Services
The Department of Justice and the Department of Homeland Security (collectively, ``the Departments'') propose to amend their respective regulations governing the bars to asylum eligibility. The Departments also propose to clarify the effect of criminal convictions and to remove their respective regulations governing the automatic reconsideration of discretionary denials of asylum applications.
Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act
Document Number: 2019-25137
Type: Rule
Date: 2019-11-19
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security, U.S. Citizenship and Immigration Services
The Department of Justice (``DOJ'') and the Department of Homeland Security (``DHS'') (collectively, ``the Departments'') are adopting an interim final rule (``IFR'' or ``rule'') to modify existing regulations to provide for the implementation of Asylum Cooperative Agreements (``ACAs'') that the United States enters into pursuant to section 208(a)(2)(A) of the Immigration and Nationality Act (``INA'' or ``Act''). Because the underlying purpose of section 208(a)(2)(A) is to provide asylum seekers with access to only one of the ACA signatory countries' protection systems, this rule adopts a modified approach to the expedited removal (``ER'') and section 240 processes in the form of a threshold screening as to which country will consider the alien's claim. This rule will apply to all ACAs in force between the United States and countries other than Canada, including bilateral ACAs recently entered into with El Salvador, Guatemala, and Honduras in an effort to share the distribution of hundreds of thousands of asylum claims. The rule will apply only prospectively to aliens who arrive at a U.S. port of entry, or enter or attempt to enter the United States between ports of entry, on or after the effective date of the rule.
Organization of the Executive Office for Immigration Review
Document Number: 2019-18196
Type: Rule
Date: 2019-08-26
Agency: Executive Office for Immigration Review, Department of Justice
This interim rule amends the regulations related to the internal organization of the Executive Office for Immigration Review (``EOIR''). This interim rule reflects changes related to the establishment of an Office of Policy within EOIR in 2017, and makes related clarifications or changes to the organizational role of EOIR's Office of the General Counsel (``OGC'') and Office of Legal Access Programs (``OLAP''). This interim rule further updates the Department of Justice (``Department'') organizational regulations to synchronize them with EOIR's regulations, makes nomenclature changes to the titles of the members of the Board of Immigration Appeals (``BIA'' or ``Board''), and provides for a further delegation of authority from the Attorney General to the EOIR Director (``Director'') regarding the efficient disposition of appeals. This interim rule also clarifies the Director's authority to adjudicate cases following changes to EOIR's Recognition and Accreditation Program (``R&A Program'') in 2017.
Asylum Eligibility and Procedural Modifications
Document Number: 2019-15246
Type: Rule
Date: 2019-07-16
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
The Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or collectively, ``the Departments'') are adopting an interim final rule (``interim rule'' or ``rule'') governing asylum claims in the context of aliens who enter or attempt to enter the United States across the 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. Pursuant to statutory authority, the Departments are amending their respective regulations to provide that, with limited exceptions, an alien who enters or attempts to enter the United States across the southern border after failing to apply for protection in a third country outside the alien's country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States is ineligible for asylum. This basis for asylum ineligibility applies only prospectively to aliens who enter or arrive in the United States on or after the effective date of this rule. In addition to establishing a new mandatory bar for asylum eligibility for aliens who enter or attempt to enter the United States across the southern border after failing to apply for protection from persecution or torture in at least one third country through which they transited en route to the United States, this rule would also require asylum officers and immigration judges to apply this new bar on asylum eligibility when administering the credible-fear screening process applicable to stowaways and aliens who are subject to expedited removal under section 235(b)(1) of the Immigration and Nationality Act. The new bar established by this regulation does not modify withholding or deferral of removal proceedings. Aliens who fail to apply for protection in a third country of transit may continue to apply for withholding of removal under the Immigration and Nationality Act (``INA'') and deferral of removal under regulations issued pursuant to the legislation implementing U.S. obligations under Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents
Document Number: 2019-13933
Type: Rule
Date: 2019-07-02
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (Department) is publishing this final rule (``final rule'' or ``rule'') to amend the regulations regarding the administrative review procedures of the Board of Immigration Appeals (BIA or Board). This final rule sets forth the Department's longstanding position that the regulations providing for an affirmance without opinion (AWO), a single-member opinion, or a three-member panel opinion are not intended to create any substantive right to a particular manner of review or decision. The final rule also clarifies that the BIA is presumed to have considered all of the parties' relevant issues and claims of error on appeal regardless of the type of the BIA's decision, and that the parties are obligated to raise issues and exhaust claims of error before the BIA. In addition, the final rule codifies standards for the BIA's consideration in evaluating whether to designate particular decisions as precedents. Finally, the final rule provides clarity surrounding precedent decisions in the context of decisions from the Executive Office for Immigration Review (EOIR) regarding the recognition of organizations and the designation of accredited representatives.
Professional Conduct for Practitioners, Scope of Representation and Appearances
Document Number: 2019-05838
Type: Proposed Rule
Date: 2019-03-27
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice (Department) is evaluating the possibility of revising the rules and procedures governing representation and appearance during proceedings before the Executive Office for Immigration Review's (EOIR) immigration courts and Board of Immigration Appeals (BIA). The Department is considering whether to amend those rules to allow for, and identify the nature and scope of, authorized practitioners' limited representation of aliens before EOIR. The Department is issuing this advance notice of proposed rulemaking (ANPRM) to solicit public suggestions for any such potential amendments to the relevant portions of EOIR's regulations.
Proceedings To Determine Removability of Aliens in the United States
Document Number: 2018-27859
Type: Rule
Date: 2018-12-21
Agency: Executive Office for Immigration Review, Department of Justice
Agency Information Collection Activities; Proposed Collection; Comments Requested; Reinstatement, With Change, of a Currently Approved Collection
Document Number: 2018-25622
Type: Notice
Date: 2018-11-26
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice, Executive Office for Immigration Review, is 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.
Agency Information Collection Activities; Proposed Collection; Comments Requested; Reinstatement, With Change, of a Currently Approved Collection
Document Number: 2018-25621
Type: Notice
Date: 2018-11-26
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice, Executive Office for Immigration Review, is 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.
Agency Information Collection Activities; Proposed Collection; Comments Requested; Reinstatement, Without Change, of a Currently Approved Collection
Document Number: 2018-25620
Type: Notice
Date: 2018-11-26
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice, Executive Office for Immigration Review, is 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.
Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
Document Number: 2018-24594
Type: Rule
Date: 2018-11-09
Agency: Executive Office for Immigration Review, Department of Justice, Department of Homeland Security
The Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or, collectively, ``the Departments'') are adopting an interim final rule governing asylum claims in the context of aliens who are subject to, but contravene, a suspension or limitation on entry into the United States through the southern border with Mexico that is imposed by a presidential proclamation or other presidential order (``a proclamation'') under section 212(f) or 215(a)(1) of the Immigration and Nationality Act (``INA''). Pursuant to statutory authority, the Departments are amending their respective existing regulations to provide that aliens subject to such a proclamation concerning the southern border, but who contravene such a proclamation by entering the United States after the effective date of such a proclamation, are ineligible for asylum. The interim rule, if applied to a proclamation suspending the entry of aliens who cross the southern border unlawfully, would bar such aliens from eligibility for asylum and thereby channel inadmissible aliens to ports of entry, where they would be processed in a controlled, orderly, and lawful manner. This rule would apply only prospectively to a proclamation issued after the effective date of this rule. It would not apply to a proclamation that specifically includes an exception for aliens applying for asylum, nor would it apply to aliens subject to a waiver or exception provided by the proclamation. DHS is amending its regulations to specify a screening process for aliens who are subject to this specific bar to asylum eligibility. DOJ is amending its regulations with respect to such aliens. The regulations would ensure that aliens in this category who establish a reasonable fear of persecution or torture could seek withholding of removal under the INA or protection from removal under regulations implementing U.S. obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (``CAT'').
EOIR Electronic Filing Pilot Program
Document Number: 2018-13578
Type: Notice
Date: 2018-06-25
Agency: Executive Office for Immigration Review, Department of Justice
The Executive Office for Immigration Review (EOIR) is creating a voluntary pilot program to test an expansion of electronic filing for cases filed with the immigration courts and the Board of Immigration Appeals (BIA). This notice describes the procedures for participation in the pilot program.
Agency Information Collection Activities; Proposed eCollection; Comments Requested; New
Document Number: 2018-05532
Type: Notice
Date: 2018-03-19
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice, Executive Office for Immigration Review, is 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.
Expanding the Size of the Board of Immigration Appeals
Document Number: 2018-03980
Type: Rule
Date: 2018-02-27
Agency: Executive Office for Immigration Review, Department of Justice
This final rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Board of Immigration Appeals (Board) by adding four additional Board member positions, thereby expanding the Board to 21 members.
Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal
Document Number: 2017-26104
Type: Rule
Date: 2017-12-05
Agency: Executive Office for Immigration Review, Department of Justice
The Department of Justice is amending the Executive Office for Immigration Review (``EOIR'') regulations governing the annual limitation on cancellation of removal and suspension of deportation decisions. The amendment eliminates 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. In addition, it authorizes 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.
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.
Proposed Agency Information Collection Extension
Document Number: 2015-22538
Type: Notice
Date: 2015-09-08
Agency: Rural Housing Service, Executive Office for Immigration Review
The Department of Energy pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years an information collection request with the Office of Management and Budget. Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of DOE, including whether the information shall have practical utility; (b) the accuracy of DOE's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.
H2 Refuel H-Prize Final Guidelines Update
Document Number: 2015-21733
Type: Notice
Date: 2015-09-03
Agency: Rural Housing Service, Executive Office for Immigration Review
On October 28, 2014, the Department of Energy (DOE) announced in the Federal Register the $1 million H2 Refuel H-Prize competition, allowing teams from across the United States to compete to develop systems that generate and dispense hydrogen from resources commonly available to residences (electricity or natural gas) for use in homes, community centers, businesses or similar locations, to supplement the current infrastructure roll-out and reduce barriers to using hydrogen fuel cell electric vehicles. The Federal Register notice announcing the competition included the H2 Refuel H-Prize Competition Guidelines. The purpose of today's notice is to update the H2 Refuel H-Prize Competition Guidelines. Substantive changes in this update provide additional information on communication expectations for finalists, expand the process used to resolve ties, correct a typographical error in the dispensing time criteria table, define how availability will be calculated, and provide a method to determine a winner in the event that no entry receives at least a minimum score of one for each of the scoring criteria (not including bonus criteria). In addition, language is added for clarification where necessary. The section on the draft guideline public comments and responses is deleted. Finally, minor errors are corrected and contact information is updated.
Energy Conservation Program for Consumer Products: Representative Average Unit Costs of Energy
Document Number: 2015-21243
Type: Notice
Date: 2015-08-27
Agency: Rural Housing Service, Executive Office for Immigration Review
In this notice, the U.S. Department of Energy (DOE) is forecasting the representative average unit costs of five residential energy sources for the year 2015 pursuant to the Energy Policy and Conservation Act. The five sources are electricity, natural gas, No. 2 heating oil, propane, and kerosene.
Notice for EV Everywhere Logo Design Competition
Document Number: 2015-20475
Type: Notice
Date: 2015-08-20
Agency: Rural Housing Service, Executive Office for Immigration Review
The Department of Energy (DOE) gives notice of the availability of the EV Everywhere Logo Design Competition, to encourage artists and designers to create a graphic representation of the DOE's efforts to increase the use of plug-in electric vehicles. The Logo Contest includes a $5,000 cash prize.
Request for Information (RFI) for High-Performance Energy Efficiency Measures in Separate Spaces
Document Number: 2015-18868
Type: Notice
Date: 2015-07-31
Agency: Rural Housing Service, Executive Office for Immigration Review
As part of the requirements of Section 103 of the Energy Efficiency Improvement Act of 2015, the U.S. Department of Energy (DOE) is requesting public comment regarding effective methods, measures, and practices for the design and construction of separate building spaces (also known as tenant spaces) to create high-performance, energy efficient spaces. In preparation for completing a study required by the Energy Efficiency Improvement Act of 2015, DOE is requesting information on the feasibility of significantly improving energy efficiency in commercial buildings through the design and construction, by owners and tenants, of separate spaces with high-performance energy efficiency measures; and encouraging owners and tenants to implement high-performance energy efficiency measures in separate spaces. The term `high-performance energy efficiency measure' means a technology, product, or practice that will result in substantial operational cost savings by reducing energy consumption and utility costs while maintaining indoor air quality, appropriate light levels and occupant comfort. DOE will use input from this Federal Register notice to inform the study, to be completed by April 30, 2016.
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