[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22775]


  Federal Register / Vol. 59, No. 178 / Thursday, September 15, 1994 /
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[[Page Unknown]]

[Federal Register: September 15, 1994]


                                                   VOL. 59, NO. 178

                                       Thursday, September 15, 1994

DEPARTMENT OF JUSTICE

8 CFR Part 3

[AG Order No. 1916-94]

 

Executive Office for Immigration Review; Board of Immigration 
Appeals; Expansion of the Board

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule expands the Board of Immigration Appeals to 
nine permanent members, including eight Board Members and a Chairman. 
It provides for the designation of three-member panels to adjudicate 
cases and stay requests. It also provides for a quorum of a majority of 
the permanent Board for en banc adjudication, and a quorum of a 
majority of the panel members for panel adjudications. The permanent 
Board may, by majority vote or at the direction of the Chairman, 
consider or reconsider en banc any case that was previously decided by 
a panel. The rule also retains the authority of the Director of the 
Executive Office for Immigration Review to designate Immigration Judges 
as temporary additional Board Members.

EFFECTIVE DATE: This final rule is effective September 15, 1994.

FOR FURTHER INFORMATION CONTACT:
Gerald S. Hurwitz, Counsel to the Director, Executive Office for 
Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls Church, 
Virginia 22041, telephone: (703) 305-0470.

SUPPLEMENTARY INFORMATION: The final rule provides for an expansion of 
the Board of Immigration Appeals to a nine-member permanent Board. This 
is necessary because of the Board's greatly increased caseload, which 
has more than quadrupled over the past decade. To maintain an 
effective, efficient system of appellate adjudication, it has become 
necessary to increase the number of Board Members. The most efficient 
utilization of the Board is through increased use of the panel system, 
which has been in effect since 1988. This will ensure effective, 
efficient adjudications while providing for en banc review in 
appropriate cases.
    This final rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b). The Attorney General has 
determined that this rule is not a significant regulatory action under 
Executive Order 12866, section 3(f), and accordingly this rule has not 
been reviewed by the Office of Management and Budget.
    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this final rule and, by approving 
it, certifies that this rule will not have a significant economic 
impact on a substantial number of small entities.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 12612, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.
    Compliance with 5 U.S.C. 553 as to notice of proposed rule making 
and delayed effective date is not necessary because this rule relates 
to agency organization and management.

List of Subjects in 8 CFR Part 3

    Administrative practice and procedure, Aliens.

    For the reasons set forth in the preamble, 8 CFR part 3 is amended 
as follows:

PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

Subpart A--Board of Immigration Appeals

    1. The authority citation for part 3 continues to read as follows:

    Authority: 5 U.S.C. 301; 8 U.S.C. 1103, 1252 note, 1252b, 1362; 
28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR, 
1949-1953 Comp., p. 1002.

    2. Section 3.1, paragraph (a)(1), is revised to read as follows:


Sec. 3.1  General authorities.

    (a)(1) Organization. There shall be in the Department of Justice a 
Board of Immigration Appeals, subject to the general supervision of the 
Director, Executive Office for Immigration Review. The Board shall 
consist of a Chairman and eight other members. The Board Members shall 
exercise their independent judgment and discretion in the cases coming 
before the Board. A majority of the permanent Board Members shall 
constitute a quorum of the Board sitting en banc. A vacancy, or the 
absence or unavailability of a Board Member, shall not impair the right 
of the remaining members to exercise all the powers of the Board. The 
Director may in his discretion designate Immigration Judges to act as 
temporary, additional Board Members for whatever time the Director 
deems necessary. The Chairman may divide the Board into three-member 
panels and designate a presiding member of each panel. The Chairman may 
from time to time make changes in the composition of such panels and of 
presiding members. Each panel shall be empowered to review cases by 
majority vote. A majority of the number of Board Members authorized to 
constitute a panel shall constitute a quorum for such panel. Each panel 
may exercise the appropriate authority of the Board as set out in part 
3 that is necessary for the adjudication of cases before it. The 
permanent Board may, by majority vote on its own motion or by direction 
of the Chairman, consider any case en banc or reconsider en banc any 
case decided by a panel. By majority vote of the permanent Board, 
decisions of the Board shall be designated to serve as precedents 
pursuant to paragraph (g) of this section. There shall also be attached 
to the Board such number of attorneys and other employees as the Deputy 
Attorney General, upon recommendation of the Director, shall from time 
to time direct.
* * * * *
    Dated: September 6, 1994.
Janet Reno,
Attorney General.
[FR Doc. 94-22775 Filed 9-14-94; 8:45 am]
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