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Except for temporary exclusions under section 235(c) of the Act, an appeal from a decision of an Immigration Judge under this part may be taken by either party pursuant to § 1003.38 of this chapter.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
§ 1158 - Asylum
§ 1182 - Inadmissible aliens
§ 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters
§ 1186b - Conditional permanent resident status for certain alien entrepreneurs, spouses, and children
§ 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing
§ 1226 - Apprehension and detention of aliens
§ 1227 - Deportable aliens
§ 1228 - Expedited removal of aliens convicted of committing aggravated felonies
§ 1229a - Removal proceedings
§ 1229b - Cancellation of removal; adjustment of status
§ 1229c - Voluntary departure
§ 1252 note - Judicial review of orders of removal
§ 1252a - Transferred
§ 1361 - Burden of proof upon alien
§ 1362 - Right to counsel
111 Stat. 2160
111 Stat. 2193
112 Stat. 2681
Title 8 published on 07-Dec-2017 03:47
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR Part 1240 after this date.
The Department of Justice is amending the Executive Office for Immigration Review (“EOIR”) regulations governing the annual limitation on cancellation of removal and suspension of deportation decisions. The amendment eliminates certain procedures created in 1998 that were used to convert 8,000 conditional grants of suspension of deportation and cancellation of removal to outright grants before the end of fiscal year 1998. In addition, it authorizes immigration judges and the Board of Immigration Appeals (“Board”) to issue final decisions denying applications, without restriction, regardless of whether the annual limitation has been reached.
The Department of Justice proposes to amend the regulations of the Executive Office for Immigration Review (EOIR) governing the annual statutory limitation on cancellation of removal and suspension of deportation decisions. First, the rule proposes to eliminate certain procedures created in 1998 that were used 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 Department proposes to authorize immigration judges and the Board of Immigration Appeals (Board) to issue final decisions denying applications, without restriction, regardless of whether the annual limitation has been reached. This proposed amendment would decrease the high volume of reserved decisions that results 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 the applicant's case on or around the date of the hearing held on the applicant's suspension or cancellation application.
This final rule adopts, as amended, the proposed rule entitled “List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings.” The final rule changes the name of the “List of Free Legal Service Providers,” maintained by the Executive Office for Immigration Review (EOIR), to the “List of Pro Bono Legal Service Providers” (List). It enhances the eligibility requirements for providers to be included on the List. It authorizes the Director of EOIR, or his or her designee, to place providers on the List and remove them from the List. The rule also allows the public to comment on eligible applicants and requires approved providers to certify their eligibility every 3 years.
This rule proposes to amend 8 CFR parts 1003, 1240, and 1241 by changing the name of the “List of Free Legal Services Providers” to the “List of Pro Bono Legal Service Providers.” The rule also would enhance the eligibility requirements for organizations, private attorneys, and referral services to be included on the List of Pro Bono Legal Service Providers (List).
This final rule adopts without substantive change the proposed rule with request for comments published in the Federal Register on October 31, 2011, and includes several non-substantive, technical corrections. The Department of Justice (Department) is amending its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The final rule amends the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change increases the efficiency of DOS' review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).