[Federal Register Volume 70, Number 61 (Thursday, March 31, 2005)]
[Rules and Regulations]
[Page 16398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6428]



[[Page 16398]]

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DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Parts 1003 and 1208

[Docket No. EOIR 140I]
RIN 1125-AA44


Background and Security Investigation in Proceedings Before 
Immigration Judges and the Board of Immigration Appeals

AGENCY: Executive Office for Immigration Review, Justice.

ACTION: Interim rule; extension of comment period.

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SUMMARY: On January 31, 2005, the United States Department of Justice, 
Executive Office for Immigration Review, published an interim rule to 
implement regulations covering Background and Security Investigations 
in Proceedings Before Immigration Judges and the Board of Immigration 
Appeals. The EOIR is extending the comment period for an additional 30-
day period.

DATES: Comments must be received on or before May 2, 2005.

ADDRESSES: Please submit written comment to MaryBeth Keller, General 
Counsel, Executive Office for Immigration Review (EOIR), 5107 Leesburg 
Pike, Suite 2600, Falls Church, Virginia 22041. To ensure proper 
handling, please reference RIN No. 1125-AA44 or EOIR Docket No. 140I on 
your correspondence. You may view an electronic version of this rule at 
http://www.regulations.gov. You may also comment via the Internet to 
EOIR at [email protected] or by using the http://www.regulations.gov 
comment form for this regulations. When submitting comments 
electronically, you must include the RIN No. 1125-AA44 or EOIR Docket 
No. 140I in the subject box. Comments are available for public 
inspection at the above address by calling (703) 305-0470 to arrange 
for an appointment.

FOR FURTHER INFORMATION CONTACT: MaryBeth Keller, General Counsel, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
2600, Falls Church, Virginia 22041, telephone (703) 305-1041.

SUPPLEMENTARY INFORMATION: On January 31, 2005, the Department of 
Justice (Department), Executive Office for Immigration Review (EOIR), 
published an interim rule that amends regulations governing removal and 
other proceedings before immigration judges and the Board of 
Immigration Appeals when a respondent has applied for particular forms 
of immigration relief allowing the alien to remain in the United States 
(including, but not limited to asylum, adjustment of status to that of 
a lawful permanent resident, cancellation of removal, and withholding 
of removal), in order to ensure that the necessary identity, law 
enforcement, and security investigations are promptly initiated and 
have been completed by the Department of Homeland Security prior to the 
granting of such relief. See 70 FR 4743.
    It has come to the attention of the Department and EOIR that the 
Internet options for submitting e-mail comments to the interim rule 
during the original 60-day comment period originally provided with 
publication of the interim rule did not consistently function. 
Commenters seeking to submit e-mail comments via http://www.regulations.gov received an automatic message instructing the 
commenter to print out and submit written comments. Further, in several 
cases, comments e-mailed directly to EOIR at [email protected] 
resulted in ``undeliverable'' return receipts being sent to the comment 
sender. EOIR has now resolved this technical problem with its 
regulations comment e-mail box.
    Despite these difficulties with the electronic comment filing 
options, the ability to submit written comments to EOIR throughout this 
period of time via the United States mail was unaffected.
    However, to ensure that the public has been provided an adequate 
opportunity to comment on the interim rule, EOIR is extending the 
public comment period by 30 days. The extension of the public comment 
period does not affect the effective date of the interim rule, which 
remains April 1, 2005. Commenters who submitted comments electronically 
prior to April 1, 2005, are encouraged to resubmit comments 
electronically or by mail.

0
Accordingly, EOIR is extending the comment period and will accept 
public comments until May 2, 2005.

    Dated: March 28, 2005.
Kevin D. Rooney,
Director, Executive Office for Immigration Review.
[FR Doc. 05-6428 Filed 3-29-05; 8:45 am]
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