[Federal Register: August 22, 2002 (Volume 67, Number 163)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 3
[EOIR No. 130I; AG Order No. 2607-2002]
Executive Office for Immigration Review; Section 212(c) Relief
for Aliens with Certain Criminal Convictions Before April 1, 1997
AGENCY: Executive Office for Immigration Review, Justice.
ACTION: Correction to proposed rule.
SUMMARY: This document contains a correction to the proposed rule
published Tuesday, August 13, 2002, at 67 FR 52627, relating to relief
under section 212(c) of the Immigration and Nationality Act for aliens
with certain criminal convictions before April 1, 1997.
FOR FURTHER INFORMATION CONTACT: Charles Adkins-Blanch, General
Counsel, Executive Office for Immigration Review, Suite 2600, 5107
Leesburg Pike, Falls Church, Virginia, 22041, telephone number (703)
305-0470 (not a toll free call).
SUPPLEMENTARY INFORMATION: The proposed rule that is the subject of
these corrections amends Department of Justice regulations by
establishing procedures for certain lawful permanent residents (LPRs)
to apply for relief from deportation or removal pursuant to former
section 212(c) of the Immigration and Nationality Act and sets forth
procedures for filing special motions to seek such relief before an
Immigration Judge or the Board of Immigration Appeals for LPRs
currently in proceedings or under final orders for deportation or
Need for Correction
As published, the proposed rule contains a typographical error that
may cause confusion and therefore is in need of clarification. In
proposed Sec. 3.44(d), the rule describes the effect of a prior denial
of section 212(c) relief on discretionary grounds. As currently
published, the rule states that if an LPR had been previously denied
relief, a new motion to seek relief would be granted. The actual effect
of a previous denial of section 212(c) on discretionary grounds is that
a new motion seeking relief would be denied.
Sec. 3.44 [Corrected]
1. On page 52632, in the second column, line 13, in paragraph (d)
of Sec. 3.44, the words ``will be granted'' are deleted and the words
``will not be granted'' are added in lieu thereof.
Federal Register Liaison Officer.
[FR Doc. 02-21035 Filed 8-21-02; 8:45 am]
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