[Federal Register Volume 63, Number 13 (Wednesday, January 21, 1998)]
[Notices]
[Pages 3154-3155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1520]


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DEPARTMENT OF JUSTICE

[EOIR 121; AG Order No. 2139-98]


Executive Office for Immigration Review; Motion To Reopen: 
Suspension of Deportation and Cancellation of Removal

AGENCY: Department of Justice, Executive Office for Immigration Review.

ACTION: Notice.

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SUMMARY: Pursuant to section 203 of the Nicaraguan Adjustment and 
Central American Relief Act (NACARA), certain aliens who are nationals 
of Guatemala, El Salvador, and particular former Soviet bloc countries 
who have final orders of deportation or removal may file a motion to 
reopen their cases before the Immigration Court or the Board of 
Immigration Appeals to apply for suspension of deportation or 
cancellation of removal. NACARA specifies that the Attorney General 
shall designate a time period in which such motions to reopen may be 
filed without regard to the statutory and regulatory time and number 
restrictions on motions to reopen. This notice designates that the time 
period for filing such motions will be from January 16, 1998, to 
September 11, 1998.

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:

Background

    Section 203 of the Nicaraguan Adjustment and Central American 
Relief Act (Pub. L. 105-100; 111 Stat. 2160, 2193) (NACARA), signed 
into law on November 19, 1997, amended section 309 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (Pub. L. 
104-208; 110 Stat. 3009-625) (IIRIRA) to provide special rules 
regarding applications for suspensions of deportation and cancellation 
of removal by certain aliens. These aliens include Guatemalan, 
Salvadoran, and particular former Soviet bloc nationals described in 
section 309(c)(5)(C)(i) of IIRIRA, as amended by section 203 of NACARA.
    In addition, NACARA amended section 309 of IIRIRA to allow aliens 
with final orders of deportation or removal who have become eligible 
for cancellation of removal or suspension of deportation as a result of 
the amendments made by section 203 of NACARA to file one motion to 
reopen

[[Page 3155]]

removal or deportation proceedings to apply for such relief, without 
regard to the time and number limitations on motions to reopen.
    NACARA also requires that the Attorney General designate a specific 
time period for filing motions to reopen for such relief beginning no 
later than 60 days after the date of enactment of NACARA and extending 
for a period not to exceed 240 days. See section 309(g) of IIRIRA, as 
amended by section 203(c) of NACARA.

Who Is Eligible To File a Motion To Reopen Under Section 203 of NACARA?

    As set forth in section 309(c)(5)(i) of IIRIRA, as amended by 
section 203 of NACARA, the following people may be eligible to file a 
motion to reopen to apply for suspension of deportation or cancellation 
of removal under the special rules of section 203 of NACARA, if they 
have not been convicted at any time of an aggravated felony:
    1. Nationals of El Salvador who:
    a. first entered the United States on or before September 19, 1990;
    b. registered for ABC benefits or Temporary Protected Status (TPS) 
on or before October 31, 1991; and
    c. were not apprehended after December 19, 1990, at time of entry.
    2. Nationals of Guatemala who:
    a. first entered the United States on or before October 1, 1990;
    b. registered for ABC benefits on or before December 31, 1991; and
    c. were not apprehended after December 19, 1990 at time of entry.
    3. Nationals of Guatemala or El Salvador who applied for asylum 
with INS on or before April 1, 1990.
    4. Nationals of the Soviet Union, Russia, any republic of the 
former Soviet Union, Latvia, Estonia, Lithuania, Poland, 
Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, 
Yugoslavia, or any state of the former Yugoslavia who:
    a. entered the United States on or before December 31, 1990;
    b. applied for asylum on or before December 31, 1991; and
    c. at the time of filing were a national of any of the countries 
listed above.
    5. Spouses and children of a person granted suspension of 
deportation or cancellation of removal who is described under classes 
1-4 above.
    6. Unmarried sons and daughters of a parent granted suspension of 
deportation or cancellation of removal who is defined under classes 1-4 
above, if the unmarried son or daughter was 21 years or older at the 
time the parent was granted suspension of deportation or cancellation 
of removal. The unmarried sons and daughters must have entered the U.S. 
on or before October 1, 1990.

Procedures for Reopening

    The Attorney General has designated the period from January 16, 
1998, until September 11, 1998, for eligible aliens to file a motion to 
reopen pursuant to NACARA. Eligible aliens may file only one such 
motion. The front page of the motion and any envelope containing the 
motion should include the notation ``Special NACARA Motion.'' The fee 
for motions to reopen (currently $110) will be waived for eligible 
aliens under section 203 of NACARA.
    If an alien has previously filed an application for suspension of 
deportation or cancellation of removal with the Immigration Judge or 
the Board of Immigration Appeals, he or she must file a copy of that 
application or a new application with the motion to reopen. If the 
motion to reopen is granted and the alien has previously filed an 
application, the alien will not be required to pay a new filing fee for 
the suspension/cancellation application
    If an alien has not previously filed an application for suspension 
of deportation or cancellation of removal, the alien must submit a new 
application with the motion to reopen. Nothing in this notice changes 
the requirements and procedures in 8 CFR 3.31(b), 103.7(b)(1), and 
240.11(f) for paying the application fee for suspension/cancellation 
after a motion to reopen is granted if such an application was not 
previously filed. If an alien is required to submit a new application 
form, the alien should submit an Application for Suspension of 
Deportation (Form EOIR-40), whether he or she is in deportation or 
removal proceedings.

Grants of Suspension and Cancellation Under NACARA Not Conditional

    Section 304(a)(3) of IIRIRA required that grants of suspension/
cancellation be subject to a numerical limitation of 4,000 per fiscal 
year. Section 240A(e)(3) of the Immigration and Nationality Act, as 
amended by section 204(a) of NACARA, however, provides that 
applications for suspension of deportation and cancellation of removal 
granted pursuant to section 203 of NACARA are not subject to that 
annual limitation. Therefore, notwithstanding the provisions of 8 CFR 
240.21, grants of suspension and cancellation pursuant to section 203 
of NACARA shall be made without condition.

    Dated: January 15, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-1520 Filed 1-16-98; 2:26 pm]
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