[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34089-34090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16046]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 / Rules 
and Regulations  


[[Page 34089]]


DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 3, 103, 204, 208, 212, 236, 240, 242, 245, 292

[EOIR No. 105F; AG Order No. 1973-95]
RIN 1125-AA08


Immigration Court Designation

agency: Immigration and Naturalization Service, Department of Justice.

action: Final rule.

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summary: This final rule amends 8 CFR 3, 103, 204, 208, 212, 236, 240, 
242, 245, and 292 by replacing the tribunal name ``Office of the 
Immigration Judge'' with the tribunal name ``Immigration Court.'' This 
rule codifies current usage of the term ``Immigration Court'' in 
reference to deportation and exclusion proceedings conducted before 
Immigration Judges throughout the United States. The rule makes no 
substantive changes in Immigration Judge proceedings.

effective date: This final rule is effective on June 30, 1995 except 
that the amendment to Sec. 242.1(a) as revised at 59 FR 42414, August 
17, 1994, is effective August 17, 1995.

for further information contact: Margaret M. Philbin, Associate 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 is a nomenclature change. The 
rule changes the name of the administrative tribunal which initially 
hears deportation and exclusion proceedings from ``Office of the 
Immigration Judge'' to ``Immigration Court.''
    This change reflects the current usage of the term ``Immigration 
Court'' by the legal community. The term is already in such common 
usage that the federal circuit courts refer to this tribunal as the 
``Immigration Court'' in their published opinions. See, e.g., Campos v. 
Nail, 43 F.3d 1285, 1289 (9th Cir. 1994); Margalli-Olvera v. INS, 43 
F.3d 345, 349 (8th Cir. 1994); Palciauskas v. INS, 939 F.2d 963, 964 
(11th Cir. 1991); Garcia-Ortega v. INS, 862 F.2d 564, 566 (5th Cir. 
1989); Gumbol v. INS, 815 F.2d 406, 407 (6th Cir. 1987).
    In accordance with 5 U.S.C. 605(b), the Attorney General certifies 
that this rule does not have a significant adverse economic impact on a 
substantial number of small entities. The Attorney General has 
determined that this rule is not a significant regulatory action under 
Executive Order No. 12866, and accordingly this rule has not been 
reviewed by the Office of Management and Budget. This rule has no 
Federalism implications warranting the preparation of a Federalism 
implications warranting the preparation of a Federalism Assessment in 
accordance with Executive Order No. 12612. The rule meets the 
applicable standards provided in sections 2(a) and 2(b)(2) of Executive 
Order No. 12778.

List of Subjects

8 CFR Part 3

    Administrative practice and procedure, Immigration, Immigration and 
Naturalization Service, Organization and functions (Government 
agencies).

8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Privacy, Immigration, 
Immigration and Naturalization Service, Reporting and recordkeeping 
requirements, Surety bonds.

8 CFR 204

    Administrative practice and procedure, Immigration, Immigration and 
Naturalization Service, Reporting and recordkeeping requirements.

8 CFR 208

    Administrative practice and procedure, Aliens, Immigration, 
Immigration and Naturalization Service, Reporting and recordkeeping 
requirements.

8 CFR 212

    Administrative practice and procedure, Aliens, Immigration, 
Immigration and Naturalization Service, Passports and visas, Reporting 
and recordkeeping requirements.

8 CFR 236

    Administrative practice and procedure, Aliens, Immigration, 
Immigration and Naturalization Service.
8 CFR 240

    Administrative practice and procedure, Immigration, Immigration and 
Naturalization Service.

8 CFR 242

    Administrative practice and procedure, Aliens, Immigration and 
Naturalization Service.

8 CFR 245

    Aliens, Immigration, Immigration and Naturalization Service, 
Reporting and recordkeeping requirements.

8 CFR 292

    Administrative practice and procedure, Immigration, Immigration and 
Naturalization Service, Lawyers, Reporting and recordkeeping 
requirements.
    Accordingly, 8 CFR Chapter 1 is amended as set forth below:

PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

    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. In 8 CFR part 3 remove the words ``Office of the Immigration 
Judge'' each time they appear and add, in their place, the words 
``Immigration Court'' in the following places:

a. Section 3.3(a)
b. Section 3.7
c. Section 3.13, in the definition for ``Filing''
d. Section 3.14(a)
e. Section 3.15(b)(6), (b)(7), (c)(1), and (c)(2)
f. Section 3.17(a)
g. Section 3.18
h. Section 3.19(c)(1), (c)(2), (c)(3), and (g)
i. Section 320 (a) and (b)
j. Section 3.23(b)(1)
k. Section 3.31(a)
l. Section 3.36
m. Section 3.38(b)

[[Page 34090]]

n. Section 3.40 introductory text
o. Section 3.40(b)

    3. In 8 CFR part 3 remove the words ``Immigration Judge office'' 
and add, in their place, the words ``Immigration Court'' in the 
following place: Section 3.11.

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF 
SERVICE RECORDS

    4. The authority citation for part 103 is revised to read as 
follows:

    Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201, 1252 
note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

    5. In 8 CFR part 103 remove the words ``Office of the Immigration 
Judge'' and add, in their place, the words ``Immigration Court'' in the 
following place: Section 103.7(a).

PART 204--IMMIGRANT PETITIONS

    6. The authority citation for part 204 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a, 
1255; 8 CFR part 2.

    7. In 8 CFR part 204 remove the words ``Office of the Immigration 
Judge'' and add, in their place, the words ``Immigration Court'' in the 
following place: Section 204.2(a)(1)(iii)(A)(2).

PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF DEPORTATION

    8. The authority citation for part 208 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 31 U.S.C. 
9701; 8 CFR part 2.

    9. In 8 CFR part 208 remove the words ``Office of the Immigration 
Judge'' and ``Offices of Immigration Judges'' each time they appear and 
add, in their place, the words ``Immigration Court'' in the following 
places:

a. Section 208.2(b)
b. Section 208.3(a)
c. Section 208.4(c) introductory text, (c)(1), (c)(2), (c)(3)
d. Section 208.7(c)(2)
e. Section 208.19(b)(2)

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

    10. The authority citation for part 212 is revised to read as 
follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 
1226, 1227, 1228, 1252; 8 CFR part 2.

    11. In 8 CFR part 212 remove the words ``Office of the Immigration 
Judge'' and add, in their place, the words ``Immigration Court'' in the 
following places: Section 212.3(a)(2).

PART 236--EXCLUSION OF ALIENS

    12. The authority citation for part 236 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1362.

    13. In 8 CFR part 236 remove the words ``Office of the Immigration 
Judge'' and add, in their place, the words ``Immigration Court'' in the 
following place: Section 236.3(b).

PART 240--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED 
STATES

    14. The authority citation for part 240 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1254a, 1254a note.

    15. In 8 CFR part 240 remove the words ``Office of the Immigration 
Judge'' and add, in their place, the words ``Immigration Court'' in the 
following places:

a. Section 240.10 (d)(2) and (d)(3)
b. Section 240.18 (b) and (c)

PART 242--PROCEEDINGS TO DETERMINE DEPORTABILITY OF ALIENS IN THE 
UNITED STATES: APPREHENSION, CUSTODY, HEARING, AND APPEAL

    16. The authority citation for part 242 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1182, 1186a, 1251, 1252, 1252 note, 
1252b, 1254, 1362; 8 CFR part 2.

    17. In 8 CFR part 242 remove the words ``Office of the Immigration 
Judge'' each time they appear and add, in their place, the words 
``Immigration Court'' in the following places:

a. Section 242.1 (a) introductory text and (b)
b. Section 242.2(i)
c. Section 242.17(c)(3)

    18. In addition to the previous amendment, Sec. 242.1(a) 
introductory text, as revised at 59 FR 42414, August 17, 1994 is 
amended by removing the words ``Office of the Immigration Judge'' and 
adding, in their place, the words ``Immigration Court'', effective 
August 17, 1995.

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR 
PERMANENT RESIDENCE

    19. The authority citation for part 245 is revised to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 8 CFR part 2.

    20. In 8 CFR part 245 remove the words ``Office of the Immigration 
Judge'' and add, in their place, the words ``Immigration Court'' in the 
following place: Section 245.1(c)(7)(i)(B).

PART 292--REPRESENTATION AND APPEARANCES

    21. The authority citation for part 292 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1252b, 1362.

    22. In 8 CFR part 292 remove the words ``office of the Immigration 
Judge'' and add in their place, the words ``Immigration Court'' in the 
following place: Section 292.3(b)(1)(vi).

    Dated: June 21, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-16046 Filed 6-29-95; 8:45 am]
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