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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: June 23, 2000 (Volume 65, Number 122)]

[Rules and Regulations]               

[Page 39071-39072]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23jn00-1]                         

 

=======================================================================

Rules and Regulations

                                                Federal Register

_______________________________________________________________________

 

This section of the FEDERAL REGISTER contains regulatory documents 

having general applicability and legal effect, most of which are keyed 

to and codified in the Code of Federal Regulations, which is published 

under 50 titles pursuant to 44 U.S.C. 1510.

 

The Code of Federal Regulations is sold by the Superintendent of Documents. 

Prices of new books are listed in the first FEDERAL REGISTER issue of each 

week.

 

=======================================================================

 

[[Page 39071]]

 

 

DEPARTMENT OF JUSTICE

 

Immigration and Naturalization Service

 

8 CFR Part 100

 

[INS No. 1949-98]

RIN 1115-AF18

 

 

Jurisdictional Change for the Los Angeles and San Francisco 

Asylum Offices

 

AGENCY: Immigration and Naturalization Service, Justice.

 

ACTION: Final rule.

 

-----------------------------------------------------------------------

 

SUMMARY: This final rule amends the Immigration and Naturalization 

Service (Service) regulations to transfer asylum office jurisdiction 

over the State of Hawaii and the Territory of Guam from the San 

Francisco Asylum Office to the Los Angeles Asylum office. The Los 

Angeles Asylum office will have jurisdiction over the states of 

Arizona, the southern portion of California, Hawaii, the southern 

portion of Nevada currently within the jurisdiction of the Las Vegas 

Suboffice, and the Territory of Guam. The intent of this regulation is 

to reallocate Service resources and improve processing efficiency for 

the Los Angeles and San Francisco Asylum Offices given the greater 

number of asylum officers stationed in Los Angeles.

 

DATES: This rule is effective July 24, 2000.

 

FOR FURTHER INFORMATION CONTACT: Christine Davidson, Supervisory Asylum 

Officer, or Marta Rothwarf, Asylum Officer, Office of International 

Affairs, Asylum Division, Immigration and Naturalization Service, 425 I 

Street, NW (ULLICO Building, Third Floor), Washington, DC 20536; 

Telephone (202) 305-2663.

 

SUPPLEMENTARY INFORMATION:

 

Did the Service Publish a Proposed Rule Transferring Jurisdiction 

Between the Los Angeles and San Francisco Asylum Offices?

 

    A proposed rule discussing jurisdictional changes for the Los 

Angeles and San Francisco Asylum Offices was published in the Federal 

Register on December 8, 1999, at 64 FR 68638 with a 60-day public 

comment period. No public comments concerning the jurisdictional 

changes for the two asylum offices discussed in the proposed rule were 

received. Accordingly, this final rule, changing jurisdiction of the 

Los Angeles and San Francisco Asylum Offices, will become effective 30 

days from the date of publication in the Federal Register.

 

Why is Jurisdiction Being Transferred to the Los Angeles Asylum 

Office?

 

    The regulation at 8 CFR 100.4(f)(8) gives the San Francisco Asylum 

Office jurisdiction over asylum applications filed by individuals 

residing in the State of Hawaii and the Territory of Guam. Transferring 

jurisdiction over the State of Hawaii and the Territory of Guam to the 

Los Angeles Asylum Office under 8 CFR 100.4(f)(7) will enable the 

Service to better allocate its resources and improve processing 

efficiency based on the availability of asylum officers in the Los 

Angeles Asylum Office.

 

How Will This Change Affect Submission of Claims for Those 

Applicants Living in Hawaii and the Territory of Guam?

 

    Currently, individuals residing in the State of Hawaii and the 

Territory of Guam must submit the Form I-589, Application for Asylum 

and Withholding of Removal, to the Nebraska Service Center. After the 

jurisdiction change becomes effective, individuals residing in the 

State of Hawaii and the Territory of Guam must submit the Form I-589 to 

the California Service Center. The Service will notify the public of 

this change in submission requirements through an attachment to the 

Form I-589 sent out by the Service's Forms Centers in addition to the 

publication of this rule in the Federal Register. The Service will 

continue to conduct asylum interviews in the State of Hawaii and the 

Territory of Guam; however, asylum offices from the Los Angeles Asylum 

Office will conduct the interviews rather than officers from the San 

Francisco Asylum Office.

 

What Will Happen to Those Applications Filed With the Nebraska 

Service Center After the Change in Jurisdiction Becomes Effective?

 

    After the jurisdiction change becomes effective, the Nebraska 

Service Center will continue to accept asylum applications filed by 

applicants residing in the State of Hawaii and the Territory of Guam 

for 30 days after the effective date of this rule. Pending cases will 

be transferred to the Los Angeles Asylum Office for interview 

scheduling and interviews. Applications received 31 days after the 

effective date of this rule will be rejected due to the tight statutory 

and regulatory time constraints governing the adjudication of asylum 

applications. Rejected applications will contain a notice explaining 

that asylum applications must be resubmitted to the California Service 

Center. Rejected applications are not considered filed for work 

authorization purposes or for interview scheduling until they are 

properly resubmitted to the California Service Center. Members of the 

public are encouraged to save all correspondence with the Service, 

including any rejection letters received from the Service Centers. This 

correspondence may be submitted with asylum applications in the event 

that the 1-year filing deadline for asylum applications is at issue.

 

Regulatory Flexibility Act

 

    The Commissioner of the Immigration and Naturalization Service, in 

accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has 

reviewed this regulation and, by approving it, certifies that this rule 

will not have a significant economic impact on a substantial number of 

small entities. The factual basis for this determination is that this 

rule is administrative in nature and merely transfers jurisdiction for 

processing asylum applications. This rule applies to individuals 

submitting applications and does not affect small entities as that term 

is defined in 5 U.S.C. 601(6).

 

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 1 year, and it will not

 

[[Page 39072]]

 

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 804 of the 

Small Business Regulatory Enforcement Act of 1996. 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

 

    This rule is not considered by the Department of Justice, 

Immigration and Naturalization Service, to be a ``significant 

regulatory action'' under Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and the Office of Management and Budget 

has waived its review process under section 6(a)(3)(A).

 

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, it is 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.

 

List of Subjects in 8 CFR Part 100

 

    Organization and functions (Government agencies).

 

    Accordingly, part 100 of chapter I of title 8 of the Code of 

Federal Regulations is amended as follows:

 

PART 100--STATEMENT OF ORGANIZATION

 

    1. The authority citation for part 100 continues to read as 

follows:

 

    Authority: 8 U.S.C. 1103; 8 CFR part 2.

 

 

    2. In Sec. 100.4, paragraphs (f)(7) and (f)(8) are revised to read 

as follows:

 

 

Sec. 100.4  Field offices.

 

* * * * *

    (f) * * *

    (7) Los Angeles, California. The Asylum Office in Los Angeles has 

jurisdiction over the States of Arizona, the southern portion of 

California as listed in Sec. 100.4(b)(16) and Sec. 100.4(b)(39), 

Hawaii, the southern portion of Nevada currently within the 

jurisdiction of the Las Vegas Suboffice, and the Territory of Guam.

    (8) San Francisco, California. The Asylum Office in San Francisco 

has jurisdiction over the northern part of California as listed in 

Sec. 100.4(b)(13), the portion of Nevada currently under the 

jurisdiction of the Reno Suboffice, and the States of Alaska, Oregon, 

and Washington.

* * * * *

 

    Dated: June 6, 2000.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 00-15925 Filed 6-22-00; 8:45 am]

BILLING CODE 4910-10-M

 

 


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