[Federal Register Volume 64, Number 55 (Tuesday, March 23, 1999)]
[Rules and Regulations]
[Page 13881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7020]



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  Federal Register / Vol. 64, No. 55 / Tuesday, March 23, 1999 / Rules 
and Regulations  

[[Page 13881]]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 3, 103, 208, 235, 238, 240, 241, 253, and 507

[INS No. 1976-99; AG Order No. 2207-99]
RIN 1115-AF39


Regulations Concerning the Convention Against Torture

AGENCY: Immigration and Naturalization Service, and Executive Office 
for Immigration Review, Justice.

ACTION: Correction to interim rule.

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SUMMARY: This document contains corrections to the interim regulation, 
published Friday, February 19, 1999 at 64 FR 8477, relating to the 
Convention Against Torture.

EFFECTIVE DATE: March 22, 1999.

FOR FURTHER INFORMATION CONTACT:
For matters relating to the Immigration and Naturalization Service: 
Dorothea Lay, 425 I Street, NW, Washington, DC 20536, telephone number 
(202) 514-2895. For matters relating to the Executive Office for 
Immigration Review: Margaret M. Philbin, General Counsel, Executive 
Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls 
Church, Virginia 22041, telephone number (703) 305-0470 (not a toll 
free call).

SUPPLEMENTARY INFORMATION:

Background

    The interim regulation that is the subject of these corrections 
amends Department of Justice regulations by establishing procedures for 
raising a claim for protection from torture, as directed by the Foreign 
Affairs Reform and Restructuring Act of 1998. Section 2242 of that Act 
requires the heads of appropriate agencies to prescribe regulations to 
implement United States obligations under the United Nations Convention 
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment (Convention Against Torture). Under Article 3 of the 
Convention Against Torture, the United States has agreed not to 
``expel, return (``refouler'') or extradite'' a person to another state 
where he or she would be tortured. The interim rule establishes 
procedures for ensuring compliance with Article 3 with respect to 
removal of aliens from the United States by integrating Convention 
Against Torture requests, as far as possible, into existing removal 
procedures.

Need for Correction

    As published, the interim regulation contains errors which may 
prove to be misleading and are in need of clarification. First, this 
correction deletes the phrase in Sec. 208.4(b)(2) that permits an alien 
whose case has been referred to the asylum office for purposes of 
conducting a reasonable fear determination to file a Form I-589, 
Application for Asylum and for Withholding of Removal, with an asylum 
office. This provision is being removed, because aliens who are 
referred for a reasonable fear screening will not be required to file 
such an application for purposes of the screening. An alien referred 
for a reasonable fear screening will only be required to file an 
application (Form I-589) if an asylum officer finds that the alien has 
a reasonable fear of persecution or torture. In such cases, the alien 
will be required to file an application with the immigration judge to 
apply for withholding of removal or deferral of removal, after he or 
she has been referred to an immigration judge.
    Second, this correction clarifies the language in Sec. 208.18(b)(2) 
of the interim rule which provides an opportunity to file a motion to 
reopen ``to seek'' protection under Article 3 of the Convention Against 
Torture for aliens who were ordered removed or whose removal orders 
became final prior to March 22, 1999. The phrase ``to seek'' needs to 
be changed to ``for the sole purpose of seeking'' in order to clarify 
that the reason the Department afforded the opportunity for such a 
motion in the interim rule was only to allow eligible aliens to move to 
reopen to seek protection under Article 3, and not to seek any other 
form of protection or relief.
    Third, this correction moves the language in Sec. 208.31(e) of the 
interim rule, which places a 10-day time limit on hearings before 
immigration judges to consider only the claim for withholding/
protection against torture, to Sec. 208.31(g). The 10-day time limit 
was inadvertently placed in Sec. 208.31(e). Consistent with its intent 
to model the ``reasonable fear'' screening process on the ``credible 
fear'' screening process, the Department's intent was to place the 10-
day time limit on immigration judge reviews of asylum officer ``no 
reasonable fear'' determinations in Sec. 208.31(g). This is analogous 
to the 7-day time limit placed on immigration judge reviews of asylum 
officer ``no credible fear'' determinations.

Corrections


Sec. 208.4  [Corrected]

    1. On page 8488, in the first column, in Sec. 208.4(b)(2), the 
phrase ``or in the case of an alien whose case has been referred to the 
asylum office for purposes of conducting a reasonable fear 
determination under Sec. 208.31 of this part'' is removed.


Sec. 208.18  [Corrected]

    2. On page 8491, in the first column, in Sec. 208.18(b)(2), line 7, 
the phrase ``to seek'' should read ``for the sole purpose of seeking''.


Sec. 208.31  [Corrected]

    3. On page 8493, in the third column, in Sec. 208.31(e), lines 12 
and 13, remove the phrase ``within 10 days of the issuance of the I-
863''.
    4. On page 8493, in the third column, in Sec. 208.31(g), line 15, 
add a new sentence ``In the absence of exceptional circumstances, such 
review shall be conducted by the immigration judge within 10 days of 
the filing of the Form I-863 with the immigration court.'' immediately 
before the last sentence in the introductory text.

    Dated: March 17, 1999.
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 99-7020 Filed 3-22-99; 8:45 am]
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