1125-AA68 201610 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 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 to 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 Final Rule Stage No No 8 CFR 1003 8 CFR 1208 5 U.S.C. 301 6 U.S.C. 521 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1252, 1254a, 1255, 1282, 1324d, 1330, 1361, 1362 28 U.S.C. 509, 510, 1746 sec 2 Reorg Plan No 2 of 1950 3 CFR, 1949-1953, Comp, p 1002 sec 203 of Pub. L. 105-100, 111 Stat 2196-200 sec 1506 and 1510 of Pub. L. 106-386, 114 Stat 1527-29, 1531-32 sec 1505 of Pub. L. 106-554, 114 Stat 2763A-326-328 title VII of Pub. L. 110-229 Yes

This regulation is necessary to comply with Matter of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009), in which the Attorney General directed EOIR to develop regulations governing claims of ineffective assistance of counsel in proceedings before the immigration judges and the Board of Immigration Appeals. The purpose of this proposed rule is to establish uniform procedural and substantive requirements for the filing of motions to reopen based upon a claim of ineffective assistance of counsel and to provide a uniform standard for adjudicating such motions.

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The summary of the legal basis for the authority for this regulation is set forth in the above abstract.

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The Department will consider any public comments it may receive regarding achievable alternatives that will still accomplish the goal of setting forth a framework for claims of ineffective assistance of counsel that supports the integrity of immigration proceedings.

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The Department’s preliminary analysis indicates that the proposed rule would not be economically significant, that is, that the rule will not have an annual effect on the economy of $100 million, or adversely affect in a material way the economy, a sector of the economy, the environment, public health or safety or State, local or tribal governments or communities.

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Without the proposed changes to the Department’s regulations, the Department will not have complied with the Attorney General’s directive in Matter of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009) and the procedural and substantive requirements for filing - and the standards for adjudicating - motions to reopen based upon a claim of ineffective assistance of counsel will lack uniformity.

]]> NPRM 07/28/2016 81 FR 49556 NPRM Comment Period End 09/26/2016 Final Action 05/00/2017 No None No No www.regulations.gov www.regulations.gov No No Jean King General Counsel 1125 Executive Office for Immigration Review EOIR 703 305-0470 5107 Leesburg Pike, Suite 2600, Falls Church VA 22041