View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOJ/EOIR RIN: 1125-AA66 Publication ID: Fall 2010 
Title: Reorganization of Regulations on the Adjudication of Department of Homeland Security Practitioner Disciplinary Cases 
Abstract: The Homeland Security Act of 2002, as amended, transferred the functions of the former Immigration and Naturalization Service (INS) from the Department of Justice to the Department of Homeland Security (DHS); however, it retained within the Department of Justice the functions of the Executive Office for Immigration Review (EOIR), a separate agency within the Department of Justice. Because the existing regulations often intermingled the responsibilities of the former INS and EOIR, this transfer required a reorganization of title 8 of the Code of Federal Regulations (CFR) in February 2003, including the establishment of a new chapter V in 8 CFR pertaining to EOIR. As part of the reorganization, a number of regulations pertaining to the responsibilities of DHS were duplicated in the new chapter V because of shared responsibilities. Because DHS has amended its regulation at 8 CFR 292.3 concerning its disciplinary rules for practitioners appearing before DHS, 75 FR 5225 (February 2, 2010), the Department of Justice has determined that the duplicative provisions in 8 CFR 1292.3 pertaining to DHS' responsibility do not need to be reproduced in EOIR's regulations in chapter V, and that the few provisions relating to EOIR should be transferred to part 1003. This interim rule, therefore, deletes unnecessary regulations in part 1292 and makes appropriate reference to the applicable DHS regulations. Finally, this rule contains technical amendments to EOIR's practitioner disciplinary regulations, and a correction and clarification to the final rule on Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances, which became effective on January 20, 2009. 73 FR 76914 (December 18, 2008). 
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 1292   
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  12/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
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