[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Rules and Regulations]
[Page 32924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16270]



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DEPARTMENT OF JUSTICE

8 CFR PARTS 3 AND 242

[EOIR 102F]
RIN 1125-AA01


Executive Office for Immigration Review; Motions and Appeals in 
Immigration Proceedings; Correction

AGENCY: Department of Justice.

ACTION: Correction to final regulation.

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SUMMARY: This document contains additional corrections to the final 
regulation published Monday, April 29, 1996 (61 FR 18900), relating to 
new motions and appeals procedures in immigration proceedings.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT: Margaret M. Philbin, General Counsel, 
Executive Office for Immigration Review, Suite 2400, 5107 Leesburg 
Pike, Falls Church, VA 22041, (703) 305-0470 (not a toll free call).

SUPPLEMENTARY INFORMATION:

Background

    The final regulation that is the subject of these corrections 
streamlines the motions and appeals practice before the Board of 
Immigration Appeals and establishes a centralized procedure for filing 
notices of appeal, fees, fee waiver requests, and briefs directly with 
the Board. The new regulation also establishes time and number 
limitations on motions to reconsider and on motions to reopen and makes 
certain changes to appellate procedures to reflect the statutory 
directives of section 545 of the Immigration Act of 1990 (Pub. L. 101-
649, 104 stat. at 4978).

Need for Correction

    As published, the final regulation contains errors that may prove 
to be misleading and are in need of clarification.

Correction of Publication

    Accordingly, the publication on April 29, 1996 of the final 
regulation (EOIR 102F), which was the subject of FR Doc. 96-10157 is 
corrected as follows:


Sec. 3.2(b)  [Corrected]

    1. On page 18904, in the third column, in Sec. 3.2 paragraph (b), 
line 13, the word ``shall'' is corrected to read ``may'' and in line 
17, the last sentence of the paragraph is corrected to read ``Such 
motion may be consolidated with, and considered by the Board in 
connection with the appeal to the Board.''


Sec. 246.7  [Corrected]

    2. On page 18910, in the first column, Sec. 246.7, line 4, the 
following language is removed: ``except that no appeal shall lie from 
an order of deportation entered in absentia''.
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 96-16270 Filed 6-25-96; 8:45 am]
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