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DOJ/EOIR | RIN: 1125-AA25 | Publication ID: Fall 2017 |
Title: Procedures Further Implementing the Annual Limitation on Suspension of Deportation and Cancellation of Removal | |
Abstract:
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. |
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Agency: Department of Justice(DOJ) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
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 |
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Timetable:
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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 Email: eoir.regs@usdoj.gov |