[Federal Register: April 14, 2000 (Volume 65, Number 73)]
[Rules and Regulations]
[Page 20068-20069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap00-2]
[[Page 20068]]
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DEPARTMENT OF JUSTICE
8 CFR Part 3
28 CFR Part 0
[EOIR No. 126F; AG Order No. 2297-2000]
RIN 1125-AA28
Executive Office for Immigration Review; Board of Immigration
Appeals; 21 Board Members
AGENCY: Executive Office for Immigration Review, Justice.
ACTION: Final rule.
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SUMMARY: This final rule amends the regulations relating to the
organization of the Executive Office for Immigration Review by adding
to the Board of Immigration Appeals (Board) an additional Vice Chairman
position and two Board Member positions, thereby expanding the Board to
21 permanent members. This rule also eliminates the position of Chief
Attorney Examiner. These amendments are necessary to maintain an
effective, efficient system of appellate adjudication in light of the
Board's increasing caseload.
EFFECTIVE DATE: This final rule is effective April 14, 2000.
FOR FURTHER INFORMATION CONTACT: Charles Adkins-Blanch, Acting General
Counsel, Executive Office for Immigration Review, Suite 2400, 5107
Leesburg Pike, Falls Church, VA 22041; telephone (703) 305-0470.
SUPPLEMENTARY INFORMATION: This final rule expands the Board to 21
permanent members by adding one Vice Chairman position and two Board
Member positions. This rule also eliminates the position of Chief
Attorney Examiner in the organizational hierarchy of the Board. These
changes are necessary to maintain an effective, efficient system of
appellate adjudication in light of the Board's increasing caseload.
This rule amends 8 CFR part 3 and 28 CFR part 0 to reflect these
changes in the Board's organization.
Compliance with 5 U.S.C. 553 as to notice of proposed rulemaking
and delayed effective date is not necessary because this rule relates
to agency procedure and practice.
Regulatory Flexibility Act
The Attorney General, in accordance with 5 U.S.C. 605(b), has
reviewed this rule and, by approving it, certifies that it will not
have a significant economic impact on a substantial number of small
entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Executive Order 12866
The Department of Justice has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f). Accordingly, this rule has not been reviewed by the Office of
Management and Budget.
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, the Department of Justice has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement.
Executive Order 12988: Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Plain Language Instructions
We try to write clearly. If you can suggest how to improve the
clarity of these regulations, call or write Charles Adkins-Blanch,
Acting General Counsel, Executive Office for Immigration Review, Suite
2400, 5107 Leesburg Pike, Falls Church, VA 22041; telephone (703) 305-
0470.
List of Subjects
8 CFR Part 3
Administrative practice and procedure, Aliens, Immigration, Legal
services, Organization and functions (Government agencies), Reporting
and recordkeeping requirements.
28 CFR Part 0
Authority delegations, (Government agencies), Government employees,
Organization and functions (Government agencies), Privacy, Reporting
and recordkeeping requirements, Whistleblowing.
Accordingly, for the reasons set forth in the preamble, part 3 of
chapter I of title 8 of the Code of Federal Regulations and part 0 of
chapter I of title 28 of the Code of Federal Regulations are amended as
follows:
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
1. The authority citation for 8 CFR part 3 continues to read as
follows:
Authority: 5 U.S.C. 301; 8 U.S.C. 1103; 1252 note, 1252b, 1324b,
1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3
CFR, 1949-1953 Comp., p. 1002.
Subpart A--Board of Immigration Appeals
2. In Sec. 3.1:
a. Amend paragraph (a)(1) by revising the second sentence.
b. Amend paragraph (a)(1) by removing the words ``or the Chief
Attorney Examiner'' in the eleventh sentence.
c. Amend paragraph (a)(2) by revising the third sentence.
d. Amend paragraph (a)(2) by removing the last two sentences.
e. Amend paragraph (a)(4)(ii) by removing the words ``Vice
Chairman'' and adding in their place the words ``one of the Vice
Chairmen'' in the third sentence.
f. Amend paragraph (a)(4)(ii) by removing the words ``Vice Chairman
are both'' and adding in their place the words ``Vice Chairman are
all'' in the fourth and fifth sentences.
g. Amend paragraph (a)(4)(ii) by removing the words ``the Vice
Chairman'' and adding in their place the words ``one of the Vice
Chairmen'' in the sixth sentence.
The revisions read as follows:
Sec. 3.1 General authorities.
(a)(1) * * * The Board shall consist of a Chairman, two Vice
Chairmen, and eighteen other members. * * *
[[Page 20069]]
(2) * * * The Chairman shall be assisted in the performance of his
duties by two Vice Chairmen.
* * * * *
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
3. The authority citation for 28 CFR part 0 continues to read as
follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519
Subpart U--Executive Office for Immigration Review
4. Amend Sec. 0.116 by revising the first sentence to read as
follows:
Sec. 0.116 Board of Immigration Appeals.
The Board of Immigration Appeals shall consist of a Chairman, two
Vice Chairmen, and eighteen other members. * * *
Dated: March 31, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-8653 Filed 4-13-00; 8:45 am]