1125-AA68 201410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1125 Executive Office for Immigration Review EOIR 1100 Department of Justice DOJ Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel

The Department of Justice (Department) is planning to propose to amend the regulations of the Executive Office for Immigration Review (EOIR) by establishing procedures for the filing and adjudication of motions to reopen removal, deportation, and exclusion proceedings based upon a claim of ineffective assistance of counsel. This proposed rule is in response to Matter of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009), in which the Attorney General directed EOIR to develop such regulations. The Department is also planning to propose to amend the EOIR regulations that provide that ineffective assistance of counsel may constitute extraordinary circumstances that may excuse the failure to file an asylum application within one year after the date of arrival in the United States.

]]> Other Significant Previously Published in The Unified Agenda Long-Term Actions No No 8 CFR 1003 8 CFR 1208 5 USC 301 6 USC 521 8 USC 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1252, 1254a, 1255, 1282, 1324d, 1330, 1361, 1362 28 USC 509, 510, 1746 sec 2 Reorg Plan No 2 of 1950 3 CFR, 1949-1953, Comp, p 1002 sec 203 of PL 105-100, 111 Stat 2196-200 sec 1506 and 1510 of PL 106-386, 114 Stat 1527-29, 1531-32 sec 1505 of PL 106-554, 114 Stat 2763A-326-328 title VII of PL 110-229 No NPRM 11/00/2015 NPRM Comment Period End 01/00/2016 No None No No www.regulations.gov www.regulations.gov No No Charles Adkins-Blanch Acting General Counsel 1125 Executive Office for Immigration Review EOIR 703 305-0470 703 305-0443 eoir.regs.@usdoj.gov Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church VA 22041