Organization, functions, and authority delegations: Executive Office for Immigration Review and Board of Immigration Appeals,
[Federal Register: September 28, 1998 (Volume 63, Number 187)]
[Rules and Regulations]
[Page 51518-51519]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se98-2]
DEPARTMENT OF JUSTICE
28 CFR Part 0
[EOIR No. 123F; AG Order No. 2180-98]
RIN 1125-AA24
Executive Office for Immigration Review, Board of Immigration Appeals; 18 Board Members
AGENCY: Executive Office for Immigration Review, Justice.
ACTION: Final rule.
SUMMARY: This final rule expands the Board of Immigration Appeals (Board) to eighteen permanent members, including sixteen Board Members, a Chairman, and a Vice Chairman. This rule also recognizes the position of Deputy Director in the organizational hierarchy of the Executive Office for Immigration Review.
EFFECTIVE DATE: This final rule is effective September 28, 1998.
FOR FURTHER INFORMATION CONTACT: Margaret M. Philbin, General Counsel, Executive Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, telephone: (703) 305-0470.
SUPPLEMENTARY INFORMATION: This final rule provides for an expansion of the Board of Immigration Appeals to an 18-member permanent Board. This expansion is necessary because of the Board's increasing caseload. To maintain an effective, efficient system of appellate adjudication, it has become necessary to increase the number of Board Members. This change will further enhance effective, efficient adjudication while providing for en
[[Page 51519]]
banc review in appropriate cases. This rule amends 8 CFR part 3 and 28 CFR part 0 to reflect the new 18-member Board. Although this rule authorizes three additional Board member positions, the Department does not anticipate filling all of these positions at the present time.
This rule also recognizes the position of Deputy Director in the organizational hierarchy of the Executive Office for Immigration Review. The Deputy Director reports directly to the Director, and may accept any delegation of authority from the Director.
Finally, the rule makes minor technical changes to 8 CFR 0.115.
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
In accordance with 5 U.S.C. 605(b), the Attorney General certifies that this rule does not have a significant economic impact on a substantial number of small entities.
Executive Order 12612
This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Executive Order 12866
The Attorney General has determined that this rule is not a significant regulatory action under Executive Order No. 12866, and accordingly this rule has not been reviewed by the Office of Management and Budget.
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 $100,000,000 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 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 $100,000,000 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.
List of Subjects
Administrative practice and procedure, Immigration, Lawyers, Organizations and functions (Government agencies), Reporting and recordkeeping requirements.
28 CFR Part 0
Authority delegation (Government agencies), Government employees, Organizations and functions (Government agencies), Whistleblowing.
For the reasons set forth in the preamble, Chapter I of Title 8 of the Code of Federal Regulations and Chapter I of Title 28 of the Code of Federal Regulations are to be amended as follows:
TITLE 8--ALIENS AND NATIONALITY
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
-
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, 1362; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR, 1949-1953 Comp., p. 1002.
-
In 8 CFR 3.0, revise paragraph (a) to read as follows:
Sec. 3.0 Executive Office for Immigration Review.
(a) Organization. The Executive Office for Immigration Review shall be headed by a Director who shall be assisted by a Deputy Director. The Director shall be responsible for the general supervision of the Board of Immigration Appeals and the Office of the Chief Immigration Judge in the execution of their duties in accordance with this part 3. The Director may redelegate the authority delegated to him by the Attorney General to the Deputy Director, the Chairman of the Board of Immigration Appeals, or the Chief Immigration Judge. * * * * *
Subpart A--Board of Immigration Appeals
Sec. 3.1 [Amended].
-
In 8 CFR 3.1, amend paragraph (a)(1) by removing the words ``Chairman and fourteen'' in the second sentence and adding in their place the words ``Chairman, Vice Chairman, and sixteen''.
TITLE 28--JUDICIAL ADMINISTRATION
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart U--Executive Office for Immigration Review
-
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.
-
In 28 CFR, revise Sec. 0.115 to read as follows:
Sec. 0.115 General functions.
(a) The Executive Office for Immigration Review shall be headed by a Director who shall be assisted by a Deputy Director. The Director shall be responsible for the general supervision of the Board of Immigration Appeals, the Office of the Chief Immigration Judge, and the Office of the Chief Administrative Hearing Officer in the execution of their duties.
(b) The Director may redelegate the authority delegated to him by the Attorney General to the Deputy Director, the Chairman of the Board of Immigration Appeals, the Chief Immigration Judge, or the Chief Administrative Hearing Officer.
-
In 28 CFR, 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, a Vice Chairman, and sixteen other members. * * * * * * * *
Dated: September 22, 1998. Janet Reno, Attorney General.
[FR Doc. 98-25882Filed9-25-98; 8:45 am]
BILLING CODE 4410-30-M
