Justice Department, Executive Office for Immigration Review
On August 26, 2020, the Department of Justice ("Department") published a notice of proposed rulemaking ("NPRM" or "proposed rule") that would amend the regulations of the Executive Office for Immigration Review ("EOIR") regarding the handling of appeals to the Board of Immigration Appeals ("BIA" or "Board"). The Department proposed multiple changes to the processing of appeals to ensure the consistency, efficiency, and quality of its adjudications. The Department also proposed to amend the regulations to make clear that there is no freestanding authority of line immigration judges or BIA members to administratively close cases. Finally, the Department proposed to delete inapplicable or unnecessary provisions regarding the forwarding of the record of proceedings on appeal. This final rule responds to comments received in response to the NPRM and adopts the NPRM with minor changes as described below.
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Justice Executive Office for Immigration Review 8 CFR Parts 1003 and 1240 [Docket No. EOIR 19-0022; Dir. Order No. 05-2021] RIN 1125-AA96 AGENCY: Executive Office for Immigration Review, Department of Justice. ACTION: Final rule. SUMMARY: On August 26, 2020, the Department of Justice (“Department”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”) that would amend the regulations of the Executive Office for Immigration Review (“EOIR”) regarding the handling of appeals to the Board of Immigration Appeals (“BIA” or “Board”). The Department proposed multiple changes to the processing of appeals to ensure the consistency, efficiency, and quality of its adjudications. The Department also proposed to amend the regulations to make clear that there is no freestanding authority of line immigration judges or BIA members to administratively close cases. Finally, the Department proposed to delete inapplicable or unnecessary provisions regarding the forwarding of the record of proceedings on appeal. This final rule responds to comments received in response to the NPRM and adopts the NPRM with minor changes as described below. DATES: This rule is effective on January 15, 2021. FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Assistant Director, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041, telephone (703) 305-0289.…
Citation: 85 FR 81588
