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DOJ/EOIR RIN: 1125-AA25 Publication ID: Fall 2016 
Title: Procedures Further Implementing the Annual Limitation Suspension of Deportation and Cancellation of Removal 

This rule proposes to amend the regulations of the Executive Office for Immigration Review (EOIR) governing the annual limitation on cancellation of removal and suspension of deportation decisions. First, the rule proposes to eliminate certain procedures created to convert 8,000 conditional grants of suspension of deportation and cancellation of removal to outright grants before the end of fiscal year 1998.  The need for such procedures ceased to exist after the end of fiscal year 1998.  Second, the rule proposes to authorize immigration judges and the Board of Immigration Appeals (Board) to issue final decisions denying applications, without restriction, after the annual limitation has been reached.  This proposed amendment would mitigate the high volume of reserved decisions that result when the annual limitation is reached early in the fiscal year; reduce the associated delays caused by postponing the resolution of pending cases before EOIR; and provide an applicant with knowledge of a decision in his or her case on or around the date of the hearing held on his or her suspension or cancellation application. 

Agency: Department of Justice(DOJ)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 1240   
Legal Authority: 8 U.S.C. 1103    8 U.S.C. 1182    8 U.S.C. 1186(a)    8 U.S.C. 1224 to 1227    8 U.S.C. 1251 to 1252    8 U.S.C. 1362    Pub. L. 105-100, sec 202   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  09/30/1998  63 FR 52134   
Interim Final Rule Comment Period End  11/30/1998    
NPRM  11/00/2016 
NPRM Comment Period End  12/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
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