[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Notices]
[Pages 51856-51857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7268]


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DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

[EOIR No. 157]


Revised General Practice Regarding First Briefing Deadline 
Extension Request for Detained Aliens

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

ACTION:  Notice.

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SUMMARY: This notice updates an earlier advisal of a revised general 
practice to be followed by the Board of Immigration Appeals regarding 
briefing deadlines for cases before the Board in which the alien is 
detained. The former notice stated that the additional time period 
granted for a first briefing extension will generally be reduced from 
21 days to 15 days, and the number of extension requests granted will 
generally be reduced from one per party to one per case. After further 
consideration, the 21 day briefing schedule will be retained. The 
number of extension requests granted per case, however, will still be 
generally reduced to one.

DATES: This notice is effective upon publication.

FOR FURTHER INFORMATION CONTACT: Kevin Chapman, Acting General Counsel, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
2600, Falls Church, Virginia 22041; telephone (703) 305-0470 (not a 
toll free call).

SUPPLEMENTARY INFORMATION: In an earlier notice, the Board of 
Immigration Appeals (Board) announced a change in its practice relating 
to briefing schedules in detained case. 71 FR 40151 (July 14,

[[Page 51857]]

2006). The commentary in that notice is incorporated herein by 
reference. In that notice, the Board stated that in cases involving 
detained aliens, it would henceforth normally grant only one extension 
request per case, as opposed to one extension request per party. It 
also reduced the amount of time generally granted for any briefing 
extension from 21 days to 15 days.
    The Board received comments from a large number of entities 
claiming that the reduction in the amount of time for briefing 
extensions would have a negative effect on detained aliens with respect 
to securing representation. In particular, the commenters argued that 
this would have an adverse impact on the Board's Pro Bono Project.
    The Board has reconsidered its policy change as to the amount of 
time granted for briefing extensions. The Board will continue to grant 
21 day briefing extensions. As advised in the prior Federal Register 
notice, however, the Board will change its practice regarding the 
number of briefing extensions granted, and will generally grant only 
one briefing extension per case when the alien is detained.

    Dated: August 22, 2006.
Lori Scialabba,
Chairman, Board of Immigration Appeals.
[FR Doc. 06-7268 Filed 8-30-06; 8:45 am]
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