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DOJ/EOIR | RIN: 1125-AA68 | Publication ID: Spring 2014 |
Title: Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel | |
Abstract: 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. | |
Agency: Department of Justice(DOJ) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 8 CFR 1003 8 CFR 1208 | |
Legal Authority: 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 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Charles Adkins-Blanch Acting General Counsel Department of Justice Executive Office for Immigration Review Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 22041 Phone:703 305-0470 Fax:703 305-0443 Email: eoir.regs.@usdoj.gov |