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DOJ/EOIR

RIN: 1125-AA46

Publication ID: Fall 2003

Title: ●Asylum Claims Made by Aliens Arriving from Canada at Land-Border Ports-of-Entry
Abstract: This proposed rule amends the rules governing removal proceedings and the review of the Department of Homeland Security determinations to implement the terms of a recently signed Safe Third Country Agreement between the United States and Canada. The terms of that Agreement provide that certain categories of aliens arriving from Canada at land border ports of entry or in transit from Canada will be returned to Canada for adjudication of their claims rather than having those claims heard in the United States. This proposed rule would establish the authority of immigration judges to apply this Agreement in removal proceedings and in reviewing negative determinations made by asylum officers.
Agency: Department of Justice(DOJ)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 8 CFR 1003 8 CFR 1208 8 CFR 1212 8 CFR 1240
Legal Authority: 5 USC 301 8 USC 1101 note, 1102, 1103, 1158, 1182 and note, 1184, 1186a, 1187, 1224, 1225, 1226, 1227, 1228, 1251, 1252, 1252a, 1252b, 1282, 1324b, 1362 28 USC 509, 510, 1746 sec 2, Reorg Plan No 2 of 1950 3 CFR, 1949 to 1953 Comp, p 1002 sec 202 and 203 of P L 105-100, 111 Stat 2196-200 secs 1506 and 1510 of PL 106-386, 114 Stat 1527-29, 1531-32 sec 1505 of P L 106-554, 114 Stat 2763A-326 to 2763A-328 sec 902, PL 105-277, 112 Stat 2681

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	04/00/2004
NPRM Comment Period End	05/00/2004

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Related RINs: Related to 1615-AA91
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