[Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
[Rules and Regulations]
[Page 57313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28128]



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  Federal Register / Vol. 60, No. 220 / Wednesday, November 15, 1995 / 
Rules and Regulations  

[[Page 57313]]


DEPARTMENT OF JUSTICE

8 CFR Part 3

[EOIR No. 110F; AG Order No. 1997-95]
RIN 1125-AA11


Executive Office for Immigration Review; Board of Immigration 
Appeals Adjudication Procedures

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends the Department's regulation on the 
general authorities of the Board of Immigration Appeals (Board) to 
expand the circumstances under which the Chairman of the Board may 
designate the Chief Attorney Examiner of the Executive Office for 
Immigration Review (EOIR) as an Alternate Board Member. This final rule 
also changes the Board's procedure for adjudicating certain types of 
motions, specifically, unopposed motions and motions to withdraw an 
appeal. This final rule is necessary to ensure the effective and 
efficient operation of the Board.

EFFECTIVE DATE: This final rule is effective November 15, 1995.

FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin, General Counsel, Executive Office for Immigration 
Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, 
telephone (703) 305-0470.

SUPPLEMENTARY INFORMATION: The Chief Attorney Examiner presently serves 
as an Alternate Board Member in instances where a Board Member or 
Members are absent or unavailable and his participation is deemed 
necessary by the Chairman. This rule will expand the circumstances 
under which the Chairman may designate the Chief Attorney Examiner as 
an Alternate Board Member by also enabling the Chairman to do so for 
good cause. This change will increase the Board's flexibility and 
efficiency.
    Additionally, this rule changes the procedure for adjudicating 
certain types of motions, specifically, unopposed motions and motions 
to withdraw an appeal. Presently, the Chairman may divide the Board 
into three-member panels and each panel is empowered to review cases by 
majority vote. A majority of the number of Board Members authorized to 
constitute a panel constitutes a quorum for such panel. This rule will 
allow a single Board Member or the Chief Attorney Examiner to 
adjudicate both motions that are unopposed by the non-moving party and 
motions that request withdrawal of an appeal pending before the Board. 
Motions that are unopposed by the non-moving party and motions to 
withdraw an appeal do not present a case or controversy requiring 
review by a three-member panel. Permitting such motions to be 
adjudicated by a single Board Member or the Chief Attorney Examiner 
will promote the effectiveness and efficiency of the Board's 
adjudication process while maintaining appropriate consideration of 
every motion filed with the Board.
    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 rules of agency procedure and practice.
    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 
Assessment in accordance with Executive Order No. 12612. The rule 
merits the applicable standards provided in sections 2(a) and 2(b)(2) 
of Executive Order No. 12778.

List of Subjects in 8 CFR Part 3

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

    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 is amended by adding a new sentence after the 11th 
sentence in paragraph (a)(1) and revising the 4th sentence in paragraph 
(a)(2) to read as follows:


Sec. 3.1  General authorities.

    (a)(1) Organization. * * * In the case of an unopposed motion or a 
motion to withdraw an appeal pending before the Board, a single Board 
Member or the Chief Attorney Examiner may exercise the appropriate 
authority of the Board as set out in part 3 that is necessary for the 
adjudication of such motions before it. * * *
    (2) Chairman. * * * The Chief Attorney Examiner shall serve as an 
Alternate Board Member when, in the absence or unavailability of a 
Board Member or Members or for other good cause, his participation is 
deemed necessary by the Chairman. * * *
* * * * *
    Dated: November 7, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-28128 Filed 11-14-95; 8:45 am]
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