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DOJ/EOIR

RIN: 1125-AA41

Publication ID: Fall 2008

Title: Transfer of Jurisdiction Over Appeals of Fines From the Board of Immigration Appeals to the Office of the Chief Administrative Hearing Officer
Abstract: This final rule removes the Board of Immigration Appeals' (Board) jurisdiction over appeals of Department of Homeland Security (DHS) decisions involving administrative fines under part 1280 of title 8 CFR, and transfers that authority to Office of the Chief Administrative Hearing Officer (OCAHO). Part 1280 governs the imposition and collection of fines under a variety of provisions of the Immigration and Nationality Act (INA), most of which pertain to common carriers. Most of the appeals are fines imposed under section 273 of the INA. The transfer is essentially a reallocation of agency resources within the Executive Office for Immigration Review to improve caseload management by substituting a different set of decision makers, the OCAHO for the Board, while preserving the same procedures for the adjudication of appeals.
Agency: Department of Justice(DOJ)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 1003 8 CFR 1103 8 CFR 1280
Legal Authority: Not Yet Determined

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	02/19/2002	67 FR 7309
NPRM Comment Period End	03/21/2002
Final Rule	05/00/2009

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Related RINs: Split from 1125-AA36
Agency Contact: Jean King General Counsel Department of Justice Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041 Phone:703 305-0470 Fax:703 305-0443 Email: eoir.regs@usdoj.gov