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[Federal Register: August 22, 2002 (Volume 67, Number 163)]
[Proposed Rules]               
[Page 54360]
From the Federal Register Online via GPO Access []

Proposed Rules
                                                Federal Register

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.


[[Page 54360]]


Immigration and Naturalization Service

8 CFR Part 3

[EOIR No. 130I; AG Order No. 2607-2002]
RIN 1125-AA33

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.

Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 02-21035 Filed 8-21-02; 8:45 am]