[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Rules and Regulations]
[Page 59305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29699]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 227 / Friday, November 22, 1996 / 
Rules and Regulations  

[[Page 59305]]



DEPARTMENT OF JUSTICE

8 CFR Part 3

28 CFR Part 0

[EOIR No. 116F; AG Order No. 2062-96]
RIN 1125-AA17


Executive Office for Immigration Review; Board of Immigration 
Appeals; Board Members

AGENCY: Executive Office for Immigration Review, Justice.

ACTION: Final rule.

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SUMMARY: This final rule expands the Board of Immigration Appeals 
(Board) to fifteen permanent members, including fourteen Board Members 
and a Chairman. This expansion is necessary because of the Board's 
increasing caseload. In order to maintain an effective, efficient 
system of appellate adjudication, it has become necessary to increase 
the number of Board Members.

EFFECTIVE DATE: This final rule is effective November 22, 1996.

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: This final rule provides for an expansion of 
the Board of Immigration Appeals to a fifteen-member permanent Board. 
This expansion is necessary because of the Board's increasing caseload. 
To maintain an effective, efficient system of appellate adjudication, 
it has become necessary to increase the number of Board Members. This 
change will allow the Board to sit in five permanent member panels of 
three. In addition, this change will further enhance effective, 
efficient adjudication while providing for en banc review in 
appropriate cases. This rule amends 8 CFR part 3 and 28 CFR part 0 to 
reflect the new fifteen member Board.
    Compliance with 5 U.S.C. 553 as to notice of proposed rulemaking 
and delayed effective date is unnecessary because this rule relates to 
agency procedure and practice.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 605(b), the Attorney General certifies 
that this rule does not have a significant economic impact on a 
substantial number of small entities.

Executive Order 12866

    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.

Executive Order 12612

    This rule has no Federalism implications warranting the preparation 
of a Federalism Assessment in accordance with Executive Order No. 
12612.

Executive Order 12988

    The rule complies with the applicable standards provided in 
sections 3(a) and 3(b)(2) of Executive Order No. 12988.

List of Subjects

8 CFR Part 3

    Administrative practice and procedure, Immigration, Lawyers, 
Organizations and functions (Government agencies), Reporting and 
recordkeeping requirements.

28 CFR Part 0

    Authority delegations (Government agencies), Government employees, 
Organization and functions (Government agencies), Whistleblowing.

    For the reasons set forth in the preamble, part 3 of title 8 of the 
Code of Federal Regulations and part 0 of title 28 of the Code of 
Federal Regulations are amended as follows:

PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

    1. The authority citation for part 3 is revised 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.

Subpart A--Board of Immigration Appeals


Sec. 3.1  [Amended]

    2. In Sec. 3.1, paragraph (a)(1) is amended by removing the word 
``eleven'' in the second sentence and adding in its place the word 
``fourteen.''

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

    3. The authority citation for part 0 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

Subpart U--Executive Office for Immigration Review


Sec. 0.116  [Amended]

    4. Section 0.116 is amended by removing the word ``eleven'' in the 
first sentence and adding in its place the word ``fourteen.''

    Dated: November 14, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-29699 Filed 11-21-96; 8:45 am]
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