[Federal Register Volume 63, Number 187 (Monday, September 28, 1998)]
[Rules and Regulations]
[Pages 51518-51519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25882]


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DEPARTMENT OF JUSTICE

8 CFR Part 3

28 CFR Part 0

[EOIR No. 123F; AG Order No. 2180-98]
RIN 1125-AA24


Executive Office for Immigration Review, Board of Immigration 
Appeals; 18 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 eighteen permanent members, including sixteen Board Members, 
a Chairman, and a Vice Chairman. This rule also recognizes the position 
of Deputy Director in the organizational hierarchy of the Executive 
Office for Immigration Review.

EFFECTIVE DATE: This final rule is effective September 28, 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: This final rule provides for an expansion of 
the Board of Immigration Appeals to an 18-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 further enhance effective, efficient adjudication while 
providing for en

[[Page 51519]]

banc review in appropriate cases. This rule amends 8 CFR part 3 and 28 
CFR part 0 to reflect the new 18-member Board. Although this rule 
authorizes three additional Board member positions, the Department does 
not anticipate filling all of these positions at the present time.
    This rule also recognizes the position of Deputy Director in the 
organizational hierarchy of the Executive Office for Immigration 
Review. The Deputy Director reports directly to the Director, and may 
accept any delegation of authority from the Director.
    Finally, the rule makes minor technical changes to 8 CFR 0.115.
    Compliance with 5 U.S.C. 553 as to notice of proposed rulemaking 
and delayed effective date is not necessary 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 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

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.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 804. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

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 delegation (Government agencies), Government employees, 
Organizations and functions (Government agencies), Whistleblowing.

    For the reasons set forth in the preamble, Chapter I of Title 8 of 
the Code of Federal Regulations and Chapter I of Title 28 of the Code 
of Federal Regulations are to be amended as follows:

TITLE 8--ALIENS AND NATIONALITY

PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

    1. The authority citation for 8 CFR 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 3.0, revise paragraph (a) to read as follows:


Sec. 3.0  Executive Office for Immigration Review.

    (a) Organization. The Executive Office for Immigration Review shall 
be headed by a Director who shall be assisted by a Deputy Director. The 
Director shall be responsible for the general supervision of the Board 
of Immigration Appeals and the Office of the Chief Immigration Judge in 
the execution of their duties in accordance with this part 3. The 
Director may redelegate the authority delegated to him by the Attorney 
General to the Deputy Director, the Chairman of the Board of 
Immigration Appeals, or the Chief Immigration Judge.
* * * * *

Subpart A--Board of Immigration Appeals


Sec. 3.1  [Amended].

    3. In 8 CFR 3.1, amend paragraph (a)(1) by removing the words 
``Chairman and fourteen'' in the second sentence and adding in their 
place the words ``Chairman, Vice Chairman, and sixteen''.

TITLE 28--JUDICIAL ADMINISTRATION

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

Subpart U--Executive Office for Immigration Review

    4. The authority citation for 28 CFR part 0 continues to read as 
follows:

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

    5. In 28 CFR, revise Sec. 0.115 to read as follows:


Sec. 0.115  General functions.

    (a) The Executive Office for Immigration Review shall be headed by 
a Director who shall be assisted by a Deputy Director. The Director 
shall be responsible for the general supervision of the Board of 
Immigration Appeals, the Office of the Chief Immigration Judge, and the 
Office of the Chief Administrative Hearing Officer in the execution of 
their duties.
    (b) The Director may redelegate the authority delegated to him by 
the Attorney General to the Deputy Director, the Chairman of the Board 
of Immigration Appeals, the Chief Immigration Judge, or the Chief 
Administrative Hearing Officer.
    6. In 28 CFR, amend Sec. 0.116 by revising the first sentence to 
read as follows:


Sec. 0.116  Board of Immigration Appeals.

    The Board of Immigration Appeals shall consist of a Chairman, a 
Vice Chairman, and sixteen other members. * * *
* * * * *
    Dated: September 22, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-25882 Filed 9-25-98; 8:45 am]
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