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

[Federal Register: February 28, 2003 (Volume 68, Number 40)]
[Rules and Regulations]               
[Page 9823-9846]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe03-37]                         


[[Page 9823]]

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

Part VII





Department of Justice





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



8 CFR Parts 1, 3, et al.

28 CFR Part 200



Aliens and Nationality; Homeland Security; Reorganization of 
Regulations; Final Rule


[[Page 9824]]


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

DEPARTMENT OF JUSTICE

8 CFR Parts 1, 3, 101, 103, 204, 205, 207, 208, 209, 211, 212, 214, 
215, 216, 235, 236, 238, 239, 240, 241, 244, 245, 246, 249, 270, 
274a, 280, 287, 292, 337, 507, 1001, 1003, 1101, 1103, 1204, 1205, 
1207, 1208, 1209, 1211, 1212, 1214, 1215, 1216, 1235, 1236, 1238, 
1239, 1240, 1241, 1244, 1245, 1246, 1249, 1270, 1274a, 1280, 1287, 
1292, 1299, 1337

28 CFR Part 200

[EOIR No. 137F; AG Order No. 2662-2003]
RIN 1125-AA42

 
Aliens and Nationality; Homeland Security; Reorganization of 
Regulations

AGENCY: Department of Justice.

ACTION: Final rule.

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

SUMMARY: The Homeland Security Act of 2002, as amended, transfers the 
functions of the Immigration and Naturalization Service to the 
Department of Homeland Security. The Homeland Security Act of 2002, as 
amended, retains in the Department of Justice, under the direction of 
the Attorney General, the functions of the Executive Office for 
Immigration Review and other functions related to immigration that are 
indigenous to the functions of the Attorney General. These changes 
require reorganization of title 8 of the Code of Federal Regulations. 
This final rule reflects the transfer of functions of the Immigration 
and Naturalization Service through the division of jurisdiction over 
regulations currently codified in 8 CFR chapter I, by establishing a 
new chapter V in 8 CFR, by transferring or duplicating certain parts 
and sections to the new chapter V and to 28 CFR chapter I, and by 
making other amendments as are necessary to continue existing 
authorities after the transfer of functions to the Department of 
Homeland Security on March 1, 2003.

DATES: This rule is effective on February 28, 2003.

FOR FURTHER INFORMATION CONTACT: Executive Office for Immigration 
Review: Chuck Adkins-Blanch, General Counsel, Executive Office for 
Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, 
Virginia 22041, telephone (703) 305-0470; Civil Division: Thomas W. 
Hussey, Director, Office of Immigration Litigation, United States 
Department of Justice, 950 Pennsylvania Ave. NW., Washington, DC 20530, 
telephone (202) 616-4852.

SUPPLEMENTARY INFORMATION: 

Background

    The Homeland Security Act of 2002, as amended (``HSA''), transfers 
the functions of the Immigration and Naturalization Service 
(``Service'' or ``INS'') to the Department of Homeland Security 
(``DHS''). Pub. L. 107-296, tit. IV, subtits. D, E, F, 116 Stat. 2135, 
2192 (Nov. 25, 2002), as amended (``HSA''). The HSA retains in the 
Department of Justice, under the direction of the Attorney General, the 
functions of the Executive Office for Immigration Review (``EOIR''). 
HSA, 116 Stat. at 2273. This rule reflects that transfer through the 
division of jurisdiction over regulations currently codified in 8 CFR 
Chapter I.
    EOIR was created by the Attorney General in 1983 to combine the 
functions of immigration judges and the Board of Immigration Appeals 
into a single administrative component of the Department of Justice 
under the Attorney General. 48 FR 8038 (Feb. 25, 1983). The Office of 
the Chief Administrative Hearing Officer (``OCAHO'') and its 
administrative law judges were added to EOIR in 1987. 52 FR 44971 (Nov. 
24, 1987). This administrative structure separated the administrative 
adjudication functions from the enforcement and service functions of 
the INS, both for administrative efficiency and to foster independent 
judgment in adjudication. However, because both INS and EOIR were 
elements of the Department of Justice, the regulations affecting these 
components were included in the same chapter. The Attorney General, as 
the head of the Department, amended regulations affecting both 
components in a coordinated manner. The enactment of the Homeland 
Security Act of 2002, and its transfer of functions to the Department 
of Homeland Security, now requires that the INS regulations and the 
EOIR regulations be placed in separate chapters.
    As explained more fully below, this final rule transfers certain 
parts that relate to the jurisdiction and procedures of EOIR to a new 
chapter V, i.e. administrative review provisions. This rule duplicates 
certain parts and sections of the regulations that relate to 
proceedings before both the INS and EOIR in both chapter I and chapter 
V, respectively, i.e., shared provisions. The rule also makes a number 
of technical amendments to both chapters I and V to ensure that the 
authorities existing in the INS and EOIR prior to the transfer of 
functions of the INS to the Department of Homeland Security continue in 
effect after March 1, 2003.

A. Homeland Security Act of 2002 Division of Jurisdiction and 
Continuing Relationship

    The HSA transfers the enforcement, services, and administrative 
functions of the INS to the Department of Homeland Security. HSA 
Sec. Sec.  441, 451, 455, 456. In addition, the HSA abolishes the INS. 
HSA Sec.  471. The new structure for immigration enforcement, services 
and shared services is more fully explained by the HSA, the President's 
Reorganization Plan under HSA Sec.  1512, and amendments thereto.\1\ 
For the purposes of this rule, and to provide the Secretary of Homeland 
Security maximum flexibility in the further division of immigration 
regulations between components of the Department of Homeland Security, 
if he deems appropriate, this rule makes no changes in the immigration 
regulations for functions that are being transferred to DHS other than 
those necessary to effectuate the division of regulations between the 
functions being transferred to DHS and the functions being retained in 
the Department of Justice. For purposes of simplicity, this rule 
continues to refer to the transferred functions as functions held by 
the INS.
---------------------------------------------------------------------------

    \1\ The Supplementary Information refers to the successor 
entities to the INS collectively as the INS for the ease of the 
reader. The Secretary of Homeland Security has further refined the 
reorganization of functions within the Department of Homeland 
Security and a further division of the regulations is expected to be 
made. That division of regulations, on or after March 1, 2003, is 
not affected by this rule.
---------------------------------------------------------------------------

    Section 103(g) of the Immigration and Nationality Act, as amended 
by section 1102 of the HSA provides:

    (1) In General. The Attorney General shall have such authorities 
and functions under this Act and all other laws relating to the 
immigration and naturalization of aliens as were exercised by the 
Executive Office for Immigration Review, or by the Attorney General 
with respect to the Executive Office for Immigration Review, on the 
day before the effective date [of the Act].
    (2) Powers. The Attorney General shall establish such 
regulations, prescribe such forms of bond, reports, entries, and 
other papers, issue such instructions, review such administrative 
determinations in immigration proceedings, delegate such authority, 
and perform such other acts as the Attorney General determines to be 
necessary for carrying out this section.

The final rule creates, a new chapter V within 8 CFR and moves the 
relevant functions to that chapter. The rule also makes other necessary 
conforming amendments.

    After this rule makes the necessary division of regulations within 
title 8 CFR to reflect the transfer of INS authorities, the Secretary 
of DHS can

[[Page 9825]]

make substantive changes to INS rules; the Attorney General can make 
substantive changes to EOIR rules, and the Secretary and the Attorney 
General can consult each other when contemplating changes in those 
rules that affect both EOIR and INS.

B. General Comments

    The rule makes no substantive change in the regulations. The rule 
is a technical rule dividing the regulations for purposes of the 
transfer of authorities under the HSA. For the ease of public 
understanding, the structure of chapter V has been created in parallel 
to the existing structure of chapter I. Accordingly, for example, in 
asylum proceedings before immigration judges, applicable provisions of 
chapter I, part 208 (e.g., 8 CFR 208.15(a)) are established in parallel 
in chapter V, part 1208 (e.g., 8 CFR 1208.15(a)). In creating this 
parallel structure, the Attorney General is attempting to provide as 
simple a format as possible for all to understand the legal effect of 
the transfer, while minimizing the confusion that might occur in 
practice before the Service and EOIR. Under this technical 
restructuring, incorrect citation to a regulation that has been 
transferred into Chapter V will be considered inconsequential. 
Similarly, until EOIR updates its forms, the references to sections of 
chapter I should be considered to be references to chapter V, as 
appropriate.
    The rule transfers those parts and sections that deal with 
procedures before the immigration judges and Board of Immigration 
Appeals to chapter V. This transfer permits future amendment of the 
rules without unnecessary conflict with provisions relating to the INS. 
Similarly, the elimination of those provisions from chapter I that deal 
with proceedings before EOIR permits the amendment of the substantive 
regulations of the Service by the Department of Homeland Security 
without unnecessary conflict with the Attorney General's regulations 
for EOIR.
    The rule duplicates a number of parts and sections that affect both 
the Service and EOIR, such as the asylum regulations. These provisions 
necessarily require coordination between the INS and EOIR. The 
Department of Justice has been guided by the principles of the HSA in 
duplicating only those provisions that directly affect the authority of 
EOIR, but has also necessarily duplicated some provisions that affect 
INS until a further and more detailed division can be accomplished in 
consultation with the Department of Homeland Security. In this sense, 
the rule is interim in nature in that further division and elimination 
of a substantial number of sections is expected in the near future. The 
inclusion of a section in this duplication process should be understood 
as a temporary measure to ensure continuity, not as a permanent 
disposition of authority in the Department of Justice.
    The rule also makes a number of specific technical amendments to 
continue existing authority that cannot be made by simply moving or 
duplicating sections. For example, the precedent decisions of the Board 
of Immigration Appeals and the INS are published in Administrative 
Decisions under the Immigration and Nationality Laws of the United 
States, cited as ``I&N Dec.'' However, there is no rule that currently 
provides for the publication of Service decisions outside of 8 CFR 
103.3, and that provision is incomplete. Accordingly, a provision has 
been added to chapter I, part 1, providing for the determination of 
precedent decisions within the Department of Homeland Security and 
publication of such decisions by EOIR in Administrative Decisions under 
the Immigration and Nationality Laws of the United States.

C. Parts and Sections Affecting EOIR Moved

    Part 3, and almost all of part 240, are moved to chapter V because 
these provisions directly affect only the Executive Office for 
Immigration Review and proceedings before EOIR. A more general revision 
of these separated provisions is contemplated in the future to further 
refine the adjudicatory process, but this rule makes no substantive 
change in jurisdiction or procedure.

D. Parts and Sections Affecting INS and EOIR Duplicated

    A larger number of parts and sections that are currently in chapter 
I are duplicated in chapter V because they establish processes that are 
common to both the INS and EOIR. In some cases, for convenience, an 
entire part has been moved because substantial portions effect common 
procedure, even though particular sections may affect only the INS or 
only EOIR. A concerted decision has been made to carry forward the 
duplication of entire parts to ensure continuity, even though the 
Attorney General and the Secretary may later amend their respective 
regulations to further separate the procedures and clarify those 
sections that affect each agency. It is not manageable at this time to 
detail a complete paragraph-by-paragraph jurisdictional split between 
INS and EOIR, and the duplication assures that interpretation will be 
consistent until coordinated decisions are made respecting these 
procedures. Thus, for example, part 208, relating to asylum and related 
forms of relief, is duplicated in part 1208, even though specific 
subsections relate only with procedure before INS and other subsections 
relate only to procedure before EOIR. Further disposition of these 
sections will be made in future rulemaking.

E. Specific Technical Amendments

    A number of technical amendments are required to effect a proper 
division of the authorities from chapter I. In certain instances, new 
sections must be written, and in others cross-references are required. 
This is particularly true where only one section or paragraph refers to 
processes within EOIR, but otherwise the part or section refers only to 
processes of INS. For example, a number of INS processes result in a 
decision on an application that may be renewed before an immigration 
judge or an appeal taken to the Board of Immigration Appeals. Where the 
part or section is otherwise entirely within the scope of the functions 
transferred to DHS, only a technical amendment may be necessary to 
provide for the appeal with the appropriate cross-reference. The major 
technical changes--which go beyond these cross-references--and the 
continuity that these changes provide are described below.
    Existing 8 CFR Sec.  3.1(g) provides that precedent decisions of 
the Board of Immigration Appeals and the Attorney General are binding 
on all Service officers. This historical specification was made by the 
Attorney General in the course of his overall management of the 
Service. However, because of the transfer of functions of the Service 
to the Department of Homeland Security, it is necessary to specify this 
result in the ongoing regulations of the Service, as well as EOIR. The 
provision of Sec.  3.1(g) is, therefore, duplicated in chapter I, part 
1, Sec.  103.37(g). This restatement of the binding effect of precedent 
decisions effectuates the clear intent of the Congress in section 
1101(2) of the HSA, as amended, amending section 103 of the Immigration 
and Nationality Act, 8 U.S.C. 1103, by adding subsection (g), and in 
transferring the Service to DHS while leaving the immigration 
adjudicatory functions of EOIR under the Attorney General.
    Moreover, it is necessary to clarify that the Secretary of Homeland 
Security may refer cases or questions of law to the Attorney General 
for decision at any time, both generally, and pursuant to

[[Page 9826]]

the proviso of section 103(a)(1) of the Act, 8 U.S.C. 1103(a)(1), 
relating to the Attorney General's resolution of legal issues. At the 
same time, the Attorney General has specified the reservation of the 
parallel authority to refer cases to himself for decision at any time.
    Similarly, the authority to publish precedential decisions of the 
Service in Administrative Decisions under the Immigration and 
Nationality Laws of the United States is set forth in new 8 CFR 
Sec. Sec.  103.37 and 1003.1(i). New Sec.  103.37 is added to ensure 
that the Secretary of Homeland Security can continue to publish 
appropriate precedent decisions. See, e.g., Matter of Safetran, 20 I&N 
Dec. 49 (Comm. 1989).
    The fees that are charged for applications for relief filed with 
the INS are also collected in conjunction with applications filed with 
the immigration judges and, on occasion, on motions to reopen before 
the Board of Immigration Appeals. A specific authorization is included 
in chapter V, referencing the fees charged by the Service for these 
applications. A separate table is not developed within EOIR for the 
simple reason that the INS must recalculate the fees periodically to 
conform them to the actual costs, as more fully explained in each of 
the fee change regulations. Rather than coordinate each change, in a 
situation in which EOIR does not have an interest in the substance of 
the fee calculation, but only in the actual fee imposed, it makes more 
sense to reference the fees charged by the Service as established in 8 
CFR 103.7. This provision does not alter the filing fee for appeals and 
motions before the Board of Immigration Appeals.
    Finally, some specific provisions are moved or not moved, 
duplicated or not duplicated, because that process provides the 
simplest means of effecting the division of the regulations without 
substantive effect. For example, part 240 of chapter I is moved to part 
1240 of chapter V, with the exception of Sec.  240.25, which deals with 
the Service's authority to grant voluntary departure. Similarly, Sec.  
240.21 and Subpart H are duplicated because these provisions affect 
both INS and EOIR.

F. Summary of the Changes From 8 CFR Chapter I to Chapter V

    Set out below are general descriptions of the sets of changes in 
chapter I to chapter V and the rationale for each set of changes.
    Part 1--Definitions, is duplicated in part 1001, because the same 
definitions apply to INS and EOIR.
    Part 3--Executive Office for Immigration Review, is transferred to 
part 1003, because this part is the organic regulation for EOIR. 
Additionally, provisions have been added to clarify certification 
procedures and the authority of the Secretary of Homeland Security to 
designate specific officials to certify cases and questions of law to 
the Attorney General pursuant to redesignated 8 CFR 1003.1(h). These 
provisions are provided in parallel for the Department of Homeland 
Security in a new section of part 3. Finally, savings provisions are 
added to part 103 and part 1003 to clarify that the jurisdiction and 
procedures in effect on February 28, 2003, continue in effect after the 
transition on March 1, 2003.
    Part 101--Presumption of lawful admission, is duplicated as part 
1101, because it establishes a necessary presumption under the Act for 
both INS and EOIR.
    Part 103--Powers and duties of service officers; availability of 
service records, is partially duplicated and is amended in several 
sections to ensure that the existing practices of EOIR are not changed 
through the transfer of functions.
    Part 205--Revocation of approval of petitions, is duplicated as 
part 1205 because the revocation of petitions involves substantial 
appeals to the Board of Immigration Appeals and the provisions 
intermingle the jurisdiction and procedures before the Board of 
Immigration Appeals with the substantive provisions for revocation of 
approval of petitions.
    Part 207--Admission of refugees, is duplicated in part in part 
1207. Only Sec.  207.3 necessarily involves procedure before the 
Executive Office for Immigration Review and this is the only section 
that is duplicated.
    Part 208--Proceedings for asylum and withholding of removal, is 
duplicated in part 1208 because these provisions relate to both INS and 
EOIR and are so interrelated that no simple division of jurisdiction is 
possible. The Department of Justice expects that further division will 
be accomplished by the Department of Homeland Security and the 
Department of Justice at a later time.
    Part 209--Adjustment of status of refugees and aliens granted 
asylum, is duplicated as part 1209. For the most part, adjustment of 
status is accomplished administratively by INS, but provisions that are 
affected by EOIR are intermingled in this part.
    Part 211--Documentary requirements; immigrants; waivers, is 
duplicated in part in part 1211. The only section that is duplicated is 
Sec.  211.4, Waiver of documents of returning residents, and this 
section is duplicated because the section contains the predicate 
jurisdiction of immigration judges to consider an renewed application 
in proceedings.
    Part 212--Documentary requirements: nonimmigrants: waivers; 
admission of certain inadmissible aliens; parole, is duplicated in part 
1212 because these provisions relate to both INS and EOIR and are so 
interrelated that no simple division of jurisdiction is possible. Part 
212 provides the predicates and standards for proceedings to exclude 
aliens from the United States.
    Part 214--Nonimmigrant classes, is duplicated in part in part 1214, 
because the specific duplicated provisions provide the jurisdictional 
predicates for review of certain waiver applications by immigration 
judges.
    Part 215--Controls of aliens departing from the United States, is 
duplicated in part 1215. Although these provisions have been rarely 
used, they include a number of jurisdictional predicates for review of 
administrative decisions by an immigration judge, called a special 
inquiry officer in these sections. These regulations are joint 
regulations with the Secretary of State, see 22 CFR part 46, and may 
require further refinement in the future.
    Part 216--Conditional basis of lawful permanent residence status, 
is duplicated in part 1216. This part contains both the administrative 
and adjudicatory process for revoking the conditional basis for lawful 
permanent residence based upon marriage.
    Part 235--Inspection of persons applying for admission, is 
duplicated in part 1235 because nearly all of the provisions of this 
part affect bond hearings before immigration judges.
    Part 236--Apprehension and detention of inadmissible and deportable 
aliens, removal of aliens ordered removed, is duplicated in part in 
part 1236. Subpart A relates to the determinations of inadmissibility 
and deportability of aliens and is duplicated in part 1236. Subpart B 
of part 236, however, relates to the INS Family Unity Program, which 
does not relate to EOIR processes. Accordingly, Subpart B is not 
duplicated, although it may be interpreted in appropriate proceedings.
    Part 238--Expedited removal of aggravated felons, is duplicated in 
part 1238 because the expedited removal under this part can be 
converted to ordinary removal proceedings before an immigration judge 
under part 240, and initiated proceedings under part 240 may, upon 
approval of the immigration judge, be terminated and the INS may then 
file expedited removal proceedings under part 238.
    Part 239--Initiation of removal proceedings, is duplicated as part 
1239 because the initiation of proceedings

[[Page 9827]]

before immigration judges is a detailed mix of authority of service 
officers to initiate and file charges before an immigration judge.
    Part 240--Proceedings to determine removability of aliens in the 
United States, is largely transferred to part 1240, as proceedings 
before immigration judges. However, 8 CFR 240.25, which is the INS 
authority for voluntary departure, is not transferred. Furthermore, 8 
CFR 240.21, and subpart H, are duplicated in new part 1240 because 
these provisions affect both the INS and EOIR. The Department expects, 
as in many other cases, a further division of these parts will be 
effected by further regulatory actions by the Department of Homeland 
Security and the Department of Justice.
    Part 241--Apprehension and detention of aliens ordered removed, is 
duplicated in part 1241 because the finality and implementation of 
final orders of removal issued by immigration judges and the Board of 
Immigration Appeals regularly involve the authority of EOIR and 
interpretation of these regulations by both the INS and EOIR. In 
particular, changes in the bonding and surrender process currently 
under consideration will require changes in the authority of both EOIR 
and the successor agencies of INS within DHS.
    Part 244--Temporary protected status for national of designated 
states, is duplicated in part 1244 because many of the decisions under 
temporary protected status are made by immigration judges and the Board 
of Immigration Appeals. Sections 244.1, 244.7, 244.11, and 244.18 all 
refer to immigration judges' decisional authority. Section 244.20 has a 
unique fee waiver provisions that also implicates administration and 
proceedings before EOIR. This duplication will require further 
refinement to clarify the authority of Secretary of Homeland Security 
to designate countries for temporary protected status purposes and the 
duplication should not be viewed as any indication that the Department 
of Justice is involved in those future decisions. The duplication is 
necessary at this time to ensure continuity and will be subject to 
further adjustment by the Department of Homeland Security and the 
Department of Justice.
    Part 245--Adjustment of status to that of person admitted for 
permanent residence, is duplicated in part 1245 because jurisdiction is 
intermingled throughout the part. See Matter of Artigas, 23 I&N Dec. 99 
(BIA 2001). Further refinement of the division of authority and 
detailed technical amendments will be required in the future.
    Part 246--Rescission of adjustment of status, is duplicated in part 
1246 because the part provides the comprehensive procedure before both 
the Service and EOIR for the rescission of adjustment of status to 
lawful permanent residence.
    Part 249--Creation of records of lawful admission for permanent 
residence, is duplicated in part 1249 because this part includes both 
the Service and EOIR procedures for registry of lawful permanent 
residence. Although the statutory requirements for registry limit the 
number of cases that arise under this part, the division of authority 
requires further detailed analysis.
    Part 270--Penalties for document fraud, is duplicated in part 1270 
because this part sets forth the procedures for document fraud cases 
before both the Service and the administrative law judges of EOIR. See 
also 28 CFR Part 68.
    Part 274a--Control of employment of aliens, is duplicated as part 
1274a because it contains substantial definitional and procedural 
material relevant to both the INS and the Special Counsel for 
Immigration-Related Unfair Employment Practices of the Civil Rights 
Division of the Department of Justice under 28 CFR 0.53, as well as the 
predicates to administrative proceedings before administrative law 
judges in EOIR.
    Part 280--Imposition and collection of fines, is duplicated in part 
1280 because this part is interpreted by the Board of Immigration 
Appeals in fines appeals. Substantial portions of this duplicated part 
will ultimately be removed as the jurisdiction of such fines is 
ultimately transferred from the Board of Immigration Appeals to the 
administrative law judges of EOIR as previously proposed in other 
rulemaking. 67 FR 7309 (Feb. 22, 2002).
    Part 287--Field officers; powers and duties, is duplicated in part 
in part 1287 because several discrete provisions of this part provide 
the underpinnings for specific authority of immigration judges. In 
particular, the subpoena authority of Sec.  287.4 provides the 
mechanism for subpoenas before immigration judges. Certification of 
official records before an immigration judge is provided in Sec.  
287.6.
    Several sections of part 287 that are not amended or duplicated 
implicate other authorities of the Attorney General as the United 
States' prosecutor, including Sec.  287.5 delegations of authority to 
the Deputy Attorney General to approve the expansion of criminal law 
enforcement authority in certain areas. That provision, in particular, 
relates to the Attorney General's inherent authority to manage the 
criminal law enforcement community, and the delegations that he has 
made to the Deputy Attorney General to manage the Department. 28 CFR 
0.15(a). As with the past practice of the Department, changes in these 
criminal law enforcement powers are governed by executive branch 
policies that include review and recommendations from the Criminal 
Division, through the Deputy Attorney General, to the Attorney General 
for final determination regarding agencies outside the Department of 
Justice. The unique regulatory authority in part 287 is the product of 
statutory requirements in section 287(a)(4) of the Immigration and 
Nationality Act, 8 U.S.C. 1357(a)(4), as amended by 503(a) of the 
Immigration Act of 1990, Pub. L. No. 101-690, 104 Stat. 4978 (Nov. 29, 
1990). These provisions will require further coordination between the 
Department of Homeland Security and the Department of Justice.
    Part 292--Representation and appearances, is duplicated in part 
1292 because representation of aliens before INS and EOIR has 
historically been considered as a single process and will continue to 
be so considered for the foreseeable future.
    Part 299--Immigration forms, is not duplicated, but is referred to 
in new part 1299. EOIR will continue to utilize INS forms for most 
purposes, such as to establish a basis for asylum, adjustment of 
status, etc. There is no need to create new forms to replicate the 
forms that are already in use. By the same token, however, there are a 
number of forms that provide information that is useful to immigration 
judges in adjudicating cases, and, therefore, the Director of EOIR is 
authorized to designate the version of the forms to be used.
    Part 337--Oath of allegiance, is duplicated in part 1337 only 
because it involves the authority of immigration judges to administer 
the oath of citizenship in naturalization ceremonies, and related 
authorities.
    Part 507--Alien terrorist removal procedures, is moved to newly 
created 28 CFR part 200, to reflect the operational functions of the 
Office for Immigration Litigation within the Civil Division, which is 
delegated authority to represent the United States before the Alien 
Terrorist Removal Court, and the fact that this process is not 
administrative in nature, but judicial, before Article III judges 
designated by the Chief Justice of the United States. The sole 
provision in this part refers to the Attorney General's authority to 
make a final determination of eligibility

[[Page 9828]]

for relief from a judicial order of removal from the Alien Terrorist 
Removal Court on the grounds that such post-judicial removal would 
violate the Convention Against Torture.

H. Changes Deferred

    A number of changes will need to be made in the future, but are not 
made at this time. For example, part 215, concerning departure control, 
refers to ``special inquiry officers'' instead of immigration judges. 
This is not uncommon in the older provisions of 8 CFR that have not 
been amended since 1987. Amendments to this particular part require the 
concurrence of the Secretary of State because this part is a parallel 
to 22 CFR part 46. Rather than attempt to conform two separate parts, 
neither of which will remain within the jurisdiction of the Attorney 
General, this commonly understood term--a historical anomaly that 
predates the creation of EOIR and means ``immigration judge''--is left 
in place until such time as the Secretary of State and the Secretary of 
Homeland Security determine to change the substantive regulations, at 
which time they, and the Attorney General, will make this necessary but 
only technical adjustment.

I. Cross-References

    The Department will publish in the very near future a table of 
changes of cross-references in parts of chapter V to other parts of 
chapter V, and other conforming technical changes.

Administrative Procedure Act

    The Department of Justice finds that good cause exists for adopting 
this rule as a final rule and without public notice and comment under 5 
U.S.C. 553 because this rule only makes technical amendments to the 
organization, procedures, and practices of the Department of Justice to 
improve the organization of the regulations of the Department of 
Justice and reflects the transfer of functions contemplated by the 
Homeland Security Act of 2002. Similarly, because this final rule makes 
changes in internal delegations and procedures, and is a recodification 
of existing regulations, this final rule is not subject to the 
effective date limitation of 5 U.S.C. 553(d).

Regulatory Flexibility Act

    Because no notice of proposed rule-making is required for this rule 
under the Administrative Procedure Act (5 U.S.C. 553), the provisions 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995, Public Law 
104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR 
part 1320, do not apply to this final rule because there are no new or 
revised record keeping or reporting requirements.

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

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Department has determined that this rule is not a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, 
Regulatory Planning and Review.

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 a 
federalism summary impact statement.

Executive Order 12988

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform.

List of Subjects

8 CFR Part 1

    Administrative practice and procedure and Immigration.

8 CFR Part 3

    Administrative practice and procedure, Aliens, Immigration, Legal 
Services, Organization and function (Government agencies).

8 CFR Part 101

    Immigration.

8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Privacy, Reporting and 
recordkeeping requirements and Surety bonds.

8 CFR Part 204

    Administrative practice and procedure, Immigration and Reporting 
and recordkeeping requirements.

8 CFR Part 205

    Administrative practice and procedure and Immigration.

8 CFR Part 207

    Immigration, Refugees and Reporting and recordkeeping requirements.

8 CFR Part 208

    Administrative practice and procedure, Aliens, Immigration and 
Reporting and recordkeeping requirements.

8 CFR Part 211

    Immigration, Passports and visas and Reporting and recordkeeping 
requirements.

8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas and Reporting and recordkeeping requirements.

8 CFR Part 214

    Administrative practice and procedure, Aliens, Cultural exchange 
programs, Employment, Foreign officials, Health professions, Reporting 
and recordkeeping requirements and Students.

8 CFR Part 215

    Administrative practice and procedure, Aliens and Travel 
restrictions.

[[Page 9829]]

8 CFR Part 216

    Administrative practice and procedure, and Aliens.

8 CFR Part 235

    Administrative practice and procedure, Aliens, Immigration and 
Reporting and recordkeeping requirements.

8 CFR Part 236

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 238

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 239

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 240

    Administrative practice and procedure and Aliens.

8 CFR Part 241

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 244

    Administrative practice and procedure and Immigration.

8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

8 CFR Part 246

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 249

    Aliens, Immigration and Reporting and recordkeeping requirements.

8 CFR Part 270

    Administrative practice and procedure, Aliens, Employment, Fraud 
and Penalties.

8 CFR Part 274a

    Administrative practice and procedure, Aliens, Employment, 
Penalties, and Reporting and recordkeeping requirements.

8 CFR Part 280

    Administrative practice and procedure, Immigration and Penalties.

8 CFR Part 287

    Immigration and Law enforcement officers.

8 CFR Part 292

    Administrative practice and procedure, Immigration, Lawyers and 
Reporting and recordkeeping requirements.

8 CFR Part 337

    Citizenship and naturalization and Courts.

8 CFR Part 507

    Aliens, terrorism.

8 CFR Part 1001

    Administrative practice and procedure and Immigration.

8 CFR Part 1003

    Administrative practice and procedure, Aliens, Immigration, Legal 
Services, Organization and function (Government agencies).

8 CFR Part 1101

    Immigration.

8 CFR Part 1103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Reporting and recordkeeping requirements.

8 CFR Part 1204

    Administrative practice and procedure, Immigration and Reporting 
and recordkeeping requirements.

8 CFR Part 1205

    Administrative practice and procedure and Immigration.

8 CFR Part 1207

    Immigration, Refugees and Reporting and recordkeeping requirements.

8 CFR Part 1208

    Administrative practice and procedure, Aliens, Immigration and 
Reporting and recordkeeping requirements.

8 CFR Part 1211

    Immigration, Passports and visas and Reporting and recordkeeping 
requirements.

8 CFR Part 1212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas and Reporting and recordkeeping requirements.

8 CFR Part 1214

    Administrative practice and procedure, Aliens.

8 CFR Part 1215

    Administrative practice and procedure, Aliens and Travel 
restrictions.

8 CFR Part 1216

    Administrative practice and procedure, and Aliens.

8 CFR Part 1235

    Administrative practice and procedure, Aliens, Immigration and 
Reporting and recordkeeping requirements.

8 CFR Part 1236

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 1238

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 1239

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 1240

    Administrative practice and procedure and Aliens.

8 CFR Part 1241

    Administrative practice and procedure, Aliens and Immigration.

8 CFR Part 1244

    Administrative practice and procedure and Immigration.

8 CFR Part 1245

    Aliens, Immigration, Reporting and recordkeeping requirements.

8 CFR Part 1246

    Administrative practice and procedure, Aliens and Immigration

8 CFR Part 1249

    Aliens, Immigration and Reporting and recordkeeping requirements.

8 CFR Part 1270

    Administrative practice and procedure, Aliens, Employment, Fraud 
and Penalties.

8 CFR Part 274a

    Administrative practice and procedure, Aliens, Employment, 
Penalties, and Reporting and recordkeeping requirements.

8 CFR Part 1280

    Administrative practice and procedure, Immigration and Penalties.

8 CFR Part 1287

    Immigration and Law enforcement officers.

8 CFR Part 1292

    Administrative practice and procedure, Immigration, Lawyers and 
Reporting and recordkeeping requirements.

8 CFR Part 1299

    Immigration and Reporting and recordkeeping requirements.

[[Page 9830]]

8 CFR Part 1337

    Citizenship and naturalization and Courts.

28 CFR Part 200

    Aliens, terrorism.

Authority and Issuance

    For the reasons set forth in the preamble, the Department of 
Justice amends titles 8 and 28 of the Code of Federal Regulations as 
follows:

TITLE 8--ALIENS AND NATIONALITY

CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
JUSTICE

Subchapter A--General Provisions

Subchapter B--Immigration Regulations

Subchapter C--Nationality Regulations

    1. Amend title 8 CFR by establishing chapter V and its related 
subchapters to read as set forth above.

Chapter I, Subchapter A

PART 1--[DUPLICATED AS CHAPTER V, PART 1001]

Chapter V, Subchapter A

PART 1001--DEFINITIONS

    2. All sections in part 1 are duplicated in part 1001, as set out 
in the following table:

------------------------------------------------------------------------
                                                        Is duplicated in
            Part 1                      Heading           Part 1001 as
------------------------------------------------------------------------
Sec.   1.1....................  Definitions...........  Sec.   1001.1
------------------------------------------------------------------------


    2a. The authority citation for newly designated part 1001 continues 
to read as follows:

    Authority: 8 U.S.C. 1101; 8 CFR part 2.

Chapter I, Subchapter A

PART 3--[REDESIGNATED AS PART 1003]

    3. Transfer 8 CFR part 3 from chapter I, subchapter A, to chapter 
V, subchapter A, and designate as 8 CFR part 1003.

Chapter V, Subchapter A

PART 1003--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

    4. All sections of the newly redesignated part 1003 are set forth 
in the following table:

------------------------------------------------------------------------
                                                         Is transferred
            Part 3                      Heading          and designated
                                                          as Part 1003
------------------------------------------------------------------------
Sec.   3.0....................  Executive Office for    Sec.   1003.0
                                 Immigration Review.
-------------------------------
                                Subpart A
------------------------------------------------------------------------
Sec.   3.1....................  Organization,           Sec.   1003.1
                                 jurisdiction, and
                                 powers of the Board
                                 of Immigration
                                 Appeals.
Sec.   3.2....................  Reopening or            Sec.   1003.2
                                 reconsideration
                                 before the Board of
                                 Immigration Appeals.
Sec.   3.3....................  Notice of Appeal......  Sec.   1003.3
Sec.   3.4....................  Withdrawal of appeal..  Sec.   1003.4
Sec.   3.5....................  Forwarding of record    Sec.   1003.5
                                 on appeal.
Sec.   3.6....................  Stay of execution of    Sec.   1003.6
                                 decision.
Sec.   3.7....................  Notice of               Sec.   1003.7
                                 Certification.
Sec.   3.8....................  Fees..................  Sec.   1003.8
-------------------------------
                                Subpart B
------------------------------------------------------------------------
Sec.   3.9....................  Chief Immigration       Sec.   1003.9
                                 Judge.
Sec.   3.10...................  Immigration Judges....  Sec.   1003.10
Sec.   3.11...................  Administrative control  Sec.   1003.11
                                 Immigration Courts.
-------------------------------
                                Subpart C
------------------------------------------------------------------------
Sec.   3.12...................  Scope of rules........  Sec.   1003.12
Sec.   3.13...................  Definitions...........  Sec.   1003.13
Sec.   3.14...................  Jurisdiction and        Sec.   1003.14
                                 commencement of
                                 proceedings.
Sec.   3.15...................  Contents of the order   Sec.   1003.15
                                 to show cause and
                                 notice to appear and
                                 notification of
                                 change of address.
Sec.   3.16...................  Representation........  Sec.   1003.16
Sec.   3.17...................  Appearances...........  Sec.   1003.17
Sec.   3.18...................  Scheduling of cases...  Sec.   1003.18
Sec.   3.19...................  Custody/bond..........  Sec.   1003.19
Sec.   3.20...................  Change of venue.......  Sec.   1003.20
Sec.   3.21...................  Pre-hearing             Sec.   1003.21
                                 conferences and
                                 statement.
Sec.   3.22...................  Interpreters..........  Sec.   1003.22
Sec.   3.23...................  Reopening or            Sec.   1003.23
                                 reconsideration
                                 before the
                                 Immigration Court.
Sec.   3.24...................  Fees pertaining to      Sec.   1003.24
                                 matters within the
                                 jurisdiction of the
                                 Immigration Judge.
Sec.   3.25...................  Form of the proceeding  Sec.   1003.25
Sec.   3.26...................  In absentia hearings..  Sec.   1003.26

[[Page 9831]]


Sec.   3.27...................  Public access to        Sec.   1003.27
                                 hearings.
Sec.   3.28...................  Recording equipment...  Sec.   1003.28
Sec.   3.29...................  Continuances..........  Sec.   1003.29
Sec.   3.30...................  Additional charges in   Sec.   1003.30
                                 deportation or
                                 removal hearings.
Sec.   3.31...................  Filing documents and    Sec.   1003.31
                                 applications.
Sec.   3.32...................  Service and size of     Sec.   1003.32
                                 documents.
Sec.   3.33...................  Translation of          Sec.   1003.33
                                 documents.
Sec.   3.34...................  Testimony.............  Sec.   1003.34
Sec.   3.35...................  Depositions and         Sec.   1003.35
                                 subpoenas.
Sec.   3.36...................  Record of proceeding..  Sec.   1003.36
Sec.   3.37...................  Decisions.............  Sec.   1003.37
Sec.   3.38...................  Appeals...............  Sec.   1003.38
Sec.   3.39...................  Finality of decision..  Sec.   1003.39
Sec.   3.40...................  Local operating         Sec.   1003.40
                                 procedures.
Sec.   3.41...................  Evidence of criminal    Sec.   1003.41
                                 conviction.
Sec.   3.42...................  Review of credible      Sec.   1003.42
                                 fear determination.
Sec.   3.43...................  Motions to reopen for   Sec.   1003.43
                                 suspension of
                                 deportation and
                                 cancellation of
                                 removal pursuant to
                                 section 203(c) of
                                 NACARA and section
                                 1505(c) of the LIFE
                                 Act Amendments.
Sec.   3.44...................  Motion to reopen to     Sec.   1003.44
                                 apply for section
                                 212(c) relief for
                                 certain aliens in
                                 deportation
                                 proceedings before
                                 April 24, 1996.
Sec.   3.46...................  Protective orders,      Sec.   1003.46
                                 sealed submissions in
                                 Immigration Courts.
-------------------------------
                           Subpart D--Reserved
------------------------------------------------------------------------
                                Subpart E
------------------------------------------------------------------------
Sec.   3.61.............................................................
Sec.   3.62.............................................................
Sec.   3.63.............................................................
Sec.   3.64.............................................................
Sec.   3.65.............................................................
------------------------------------------------------------------------
                           Subpart F--Reserved
------------------------------------------------------------------------
                                Subpart G
------------------------------------------------------------------------
Sec.   3.101..................  General provisions....  Sec.   1003.101
Sec.   3.102..................  Grounds...............  Sec.   1003.102
Sec.   3.103..................  Immediate suspension    Sec.   1003.103
                                 and summary
                                 disciplinary
                                 proceedings; duty of
                                 practitioner to
                                 notify EOIR of
                                 conviction or
                                 discipline.
Sec.   3.104..................  Filing of complaints;   Sec.   1003.104
                                 preliminary inquires;
                                 resolutions; referral
                                 of complaints.
Sec.   3.105..................  Notice of Intent to     Sec.   1003.105
                                 Discipline.
Sec.   3.106..................  Hearing and             Sec.   1003.106
                                 disposition.
Sec.   3.107..................  Reinstatement after     Sec.   1003.107
                                 expulsion or
                                 suspension.
Sec.   3.108..................  Confidentiality.......  Sec.   1003.108
Sec.   3.109..................  Discipline of           Sec.   1003.109
                                 government attorneys.
------------------------------------------------------------------------


    4a. The authority citation for the newly redesignated part 1003 
continues to read as follows:

    Authority: 5 U.S.C. 301; 8 U.S.C. 1101 note, 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; section 203 of Pub. 
L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L. 
106-386; 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-
554, 114 Stat. 2763A-326 to -328.

    5. A new 8 CFR part 3 is added to read as follows:

PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

    Authority: 5 U.S.C. 301; 8 U.S.C. 1101 note, 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; section 203 of Pub. 
L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L. 
106-386; 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-
554, 114 Stat. 2763A-326 to -328.


Sec.  3.0  Executive Office for Immigration Review

    Regulations of the Executive Office for Immigration Review relating 
to the adjudication of immigration matters before immigration judges 
(referred to in some regulations as special inquiry officers) and the 
Board of Immigration Appeals are located in 8 CFR chapter V, part 1003.

PART 1003--[FURTHER AMENDED]

    6. Section 1003.1 is amended by revising paragraphs (g) and (h) and 
adding paragraphs (i) through (j) to read as follows:


Sec.  1003.1  Organization, jurisdiction, and powers of the Board of 
Immigration Appeals.

* * * * *
    (g) Decisions as precedents. Except as Board decisions may be 
modified or overruled by the Board or the Attorney General, decisions 
of the Board, and

[[Page 9832]]

decisions of the Attorney General, shall be binding on all officers and 
employees of the Department of Homeland Security or immigration judges 
in the administration of the immigration laws of the United States. By 
majority vote of the permanent Board members, selected decisions of the 
Board rendered by a three-member panel or by the Board en banc may be 
designated to serve as precedents in all proceedings involving the same 
issue or issues. Selected decisions designated by the Board, decisions 
of the Attorney General, and decisions of the Secretary of Homeland 
Security to the extent authorized in paragraph (i) of this section, 
shall serve as precedents in all proceedings involving the same issue 
or issues.
    (h) Referral of cases to the Attorney General. (1) The Board shall 
refer to the Attorney General for review of its decision all cases 
that:
    (i) The Attorney General directs the Board to refer to him.
    (ii) The Chairman or a majority of the Board believes should be 
referred to the Attorney General for review.
    (iii) The Secretary of Homeland Security, or specific officials of 
the Department of Homeland Security designated by the Secretary with 
the concurrence of the Attorney General, refers to the Attorney General 
for review.
    (2) In any case the Attorney General decides, the Attorney 
General's decision shall be stated in writing and shall be transmitted 
to the Board or Secretary, as appropriate, for transmittal and service 
as provided in paragraph (f) of this section.
    (i) Publication of Secretary's precedent decisions. The Secretary 
of Homeland Security, or specific officials of the Department of 
Homeland Security designated by the Secretary with the concurrence of 
the Attorney General, may file with the Attorney General decisions 
relating to the administration of the immigration laws of the United 
States for publication as precedent in future proceedings, and, upon 
approval of the Attorney General as to the lawfulness of such decision, 
the Director of the Executive Office for Immigration Review shall cause 
such decisions to be published in the same manner as decisions of the 
Board and the Attorney General.
    (j) Continuation of jurisdiction and procedure. The jurisdiction 
of, and procedures before, the Board of Immigration Appeals in 
exclusion, deportation, removal, rescission, asylum-only, and any other 
proceedings, shall remain in effect as in effect on February 28, 2003, 
until the regulations in this chapter are further modified by the 
Attorney General. Where a decision of an officer of the Immigration and 
Naturalization Service was, before March 1, 2003, appealable to the 
Board or to an immigration judge, or an application denied could be 
renewed in proceedings before an immigration judge, the same authority 
and procedures shall be followed until further modified by the Attorney 
General.

    7. Section 1003.14 is amended by adding a new paragraph (d) to read 
as follows:


Sec.  1003.14  Jurisdiction and commencement of proceedings.

* * * * *
    (d) The jurisdiction of, and procedures before, immigration judges 
in exclusion, deportation and removal, rescission, asylum-only, and any 
other proceedings shall remain in effect as it was in effect on 
February 28, 2003, until the regulations in this chapter are further 
modified by the Attorney General. Where a decision of an officer of the 
Immigration and Naturalization Service was, before March 1, 2003, 
appealable to the Board or an immigration judge, or an application 
denied could be renewed in proceedings before an immigration judge, the 
same authority and procedures shall be followed until further modified 
by the Attorney General.

Chapter I, Subchapter B

PART 101--[DUPLICATED AS CHAPTER V, PART 1101]

Chapter V, Subchapter B

PART 1101--PRESUMPTION OF LAWFUL ADMISSION

    8. All the sections in part 101 are duplicated in a new part 1101 
in 8 CFR chapter V, subchapter B, as set forth in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 101                     Heading             Part 1101
------------------------------------------------------------------------
Sec.   101.1..................  Presumption of lawful   Sec.   1101.1
                                 admission.
Sec.   101.2..................  Presumption of lawful   Sec.   1101.2
                                 admission; entry
                                 under erroneous name
                                 or other errors.
Sec.   101.3..................  Creation of record of   Sec.   1101.3
                                 lawful permanent
                                 resident status for
                                 person born under
                                 diplomatic status in
                                 the United States.
Sec.   101.4..................  Registration procedure  Sec.   1101.4
Sec.   101.5..................  Special immigrant       Sec.   1101.5
                                 status for certain G-
                                 4 nonimmigrants.
------------------------------------------------------------------------


    8a. The authority citation newly duplicated part 1101 continues to 
read as follows:

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

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF 
SERVICE RECORDS

    9. The authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356; 
31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., 
p. 166; 8 CFR part 2.


    10. Amend Sec.  103.3 by removing from paragraph (c) ``Sec.  3.1(g) 
of this chapter,'' and adding in its place ``Sec.  1003.1(g) of chapter 
V,'' and by adding at the beginning of paragraph (c) a new sentence to 
read as follows:


Sec.  103.3  Denials, appeals, and precedent decisions.

* * * * *
    (c) Service precedent decisions. The Secretary of Homeland 
Security, or specific officials of the Department of Homeland Security 
designated by the Secretary with the concurrence of the Attorney 
General, may file with the Attorney General decisions relating to the 
administration of the immigration laws of the United States for 
publication as precedent in future proceedings, and upon approval of 
the Attorney General as to the lawfulness of such decision, the 
Director of the Executive Office for Immigration Review shall cause 
such decisions to be published in the same manner as decisions of the 
Board and the Attorney General. * * *

    11. Add Sec.  103.37 to read as follows:


Sec.  103.37  Precedent decisions.

    (a) Proceedings before the immigration judges, the Board of 
Immigration Appeals and the Attorney

[[Page 9833]]

General are governed by part 1003 of 8 CFR chapter V.
    (b)-(f) [Reserved.]
    (g) Decisions as precedents. Except as Board decisions may be 
modified or overruled by the Board or the Attorney General, decisions 
of the Board, and decisions of the Attorney General, shall be binding 
on all officers and employees of the Department of Homeland Security or 
immigration judges in the administration of the immigration laws of the 
United States. By majority vote of the permanent Board members, 
selected decisions of the Board rendered by a three-member panel or by 
the Board en banc may be designated to serve as precedents in all 
proceedings involving the same issue or issues. Selected decisions 
designated by the Board, decisions of the Attorney General, and 
decisions of the Secretary of Homeland Security to the extent 
authorized in paragraph (i) of this section, shall serve as precedents 
in all proceedings involving the same issue or issues.
    (h) Referral of cases to the Attorney General. (1) The Board shall 
refer to the Attorney General for review of its decision all cases 
which:
    (i) The Attorney General directs the Board to refer to him.
    (ii) The Chairman or a majority of the Board believes should be 
referred to the Attorney General for review.
    (iii) The Secretary of Homeland Security, or specific officials of 
the Department of Homeland Security designated by the Secretary with 
the concurrence of the Attorney General, refers to the Attorney General 
for review.
    (2) In any case the Attorney General decides, the Attorney 
General's decision shall be stated in writing and shall be transmitted 
to the Board or Secretary, as appropriate, for transmittal and service 
as provided in paragraph (f) of this section.
    (i) Publication of Secretary's precedent decisions. The Secretary 
of Homeland Security, or specific officials of the Department of 
Homeland Security designated by the Secretary with the concurrence of 
the Attorney General, may file with the Attorney General Service 
precedent decisions as set forth in Sec.  103.3(c).

Chapter I, Subchapter B

PART 103--[DUPLICATED IN PART AS PART 1103]

Chapter V, Subchapter B

PART 1103--APPEALS, RECORDS, AND FEES

    12. Sections 103.3, 103.4 and 103.7 of part 103 are duplicated in 
part 1103 and redesignated as set forth in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 103                     Heading             Part 1103
------------------------------------------------------------------------
Sec.   103.3..................  Denials, appeals, and   Sec.   1103.3
                                 precedent decisions.
Sec.   103.4..................  Certifications........  Sec.   1103.4
Sec.   103.7..................  Fees..................  Sec.   1103.7
------------------------------------------------------------------------

    12a. The authority citation for newly duplicated part 1103 is 
revised to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; 28 
U.S.C. 509, 510.

Chapter V, Subchapter B

    13. Add part 1204 to read as follows:

PART 1204--IMMIGRANT PETITIONS

    Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a, 
1255, 1641; 8 CFR part 2.


Sec.  1204.1  Single level of appellate review.

    The decision of the Board of Immigration Appeals concerning the 
denial of a relative visa petition under 8 CFR chapter I, part 204 
because the petitioner failed to establish eligibility for the bona 
fide marriage exemption contained in that part will constitute the 
single level of appellate review established by statute.

PART 205--[DUPLICATED AS PART 1205]

Chapter V, Subchapter B

PART 1205--REVOCATION OF APPROVAL OF PETITIONS

    14. All sections in part 205 are duplicated in part 1205, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 205                     Heading             Part 1205
------------------------------------------------------------------------
Sec.   205.1..................  Automatic Revocation..  Sec.   1205.1
Sec.   205.2..................  Revocation on notice..  Sec.   1205.2
------------------------------------------------------------------------

    14a. The authority citation for newly designated part 1205 
continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1155, 1182, 
and 1186a.

Chapter I, Subchapter B

PART 207--[DUPLICATED IN PART AS PART 1207]

Chapter V, Subchapter B

PART 1207--ADMISSION OF REFUGEES

    15. Section 207.3 is duplicated in part 1207 of chapter V, 
subchapter B of 8 CFR, as section 1207.3.

    15a. The authority citation for newly designated part 1207 
continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1159, 1182; 8 CFR 
part 2.

[[Page 9834]]

Chapter I, Subchapter B

PART 208--[DUPLICATED AS PART 1208]

Chapter V, Subchapter B

PART 1208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

    16. All sections in part 208 are duplicated in part 1208, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 208                     Heading             Part 1208
------------------------------------------------------------------------
                                Subpart A
------------------------------------------------------------------------
Sec.   208.1..................  General...............  Sec.   1208.1
Sec.   208.2..................  Jurisdiction..........  Sec.   1208.2
Sec.   208.3..................  Form of application...  Sec.   1208.3
Sec.   208.4..................  Filing the application  Sec.   1208.4
Sec.   208.5..................  Special duties toward   Sec.   1208.5
                                 aliens in custody of
                                 the Service.
Sec.   208.6..................  Disclosure to third     Sec.   1208.6
                                 parties.
Sec.   208.7..................  Employment              Sec.   1208.7
                                 authorization.
Sec.   208.8..................  Limitations on travel   Sec.   1208.8
                                 outside the United
                                 States.
Sec.   208.9..................  Procedure for           Sec.   1208.9
                                 interview before an
                                 asylum officer.
Sec.   208.10.................  Failure to appear at    Sec.   1208.10
                                 an interview before
                                 an asylum officer or
                                 failure to follow
                                 requirements for
                                 fingerprint
                                 processing.
Sec.   208.11.................  Comments from the       Sec.   1208.11
                                 Department of State.
Sec.   208.12.................  Reliance on             Sec.   1208.12
                                 information compiled
                                 by other sources.
Sec.   208.13.................  Establishing asylum     Sec.   1208.13
                                 eligibility.
Sec.   208.14.................  Approval, denial,       Sec.   1208.14
                                 referral, or
                                 dismissal of
                                 application.
Sec.   208.15.................  Definition of ``firm    Sec.   1208.15
                                 resettlement''.
Sec.   208.16.................  Withholding of removal  Sec.   1208.16
                                 under section
                                 241(b)(3)(B) of the
                                 Act and withholding
                                 of removal under the
                                 Convention Against
                                 Torture.
Sec.   208.17.................  Deferral of removal     Sec.   1208.17
                                 under the Convention
                                 Against Torture.
Sec.   208.18.................  Implementation of the   Sec.   1208.18
                                 Convention Against
                                 Torture.
Sec.   208.19.................  Decisions.............  Sec.   1208.19
Sec.   208.20.................  Determining if an       Sec.   1208.20
                                 asylum application is
                                 frivolous.
Sec.   208.21.................  Admission of the        Sec.   1208.21
                                 asylee's spouse and
                                 children.
Sec.   208.22.................  Effect on exclusion,    Sec.   1208.22
                                 deportation, and
                                 removal proceedings.
Sec.   208.23.................  Restoration of status.  Sec.   1208.23
Sec.   208.24.................  Termination of asylum   Sec.   1208.24
                                 or withholding of
                                 removal or
                                 deportation.
Sec.   208.25.................  Reserved..............  Sec.   1208.25
Sec.   208.26.................  Reserved..............  Sec.   1208.26
Sec.   208.27.................  Reserved..............  Sec.   1208.27
Sec.   208.28.................  Reserved..............  Sec.   1208.28
Sec.   208.29.................  Reserved..............  Sec.   1208.29
-------------------------------
                                Subpart B
------------------------------------------------------------------------
Sec.   208.30.................  Credible fear           Sec.   1208.30
                                 determinations
                                 involving stowaways
                                 and applicants for
                                 admission found
                                 inadmissible pursuant
                                 to section
                                 212(a)(6)(C) or
                                 212(a)(7) of the Act.
Sec.   208.31.................  Reasonable fear of      Sec.   1208.31
                                 persecution or
                                 torture
                                 determinations
                                 involving aliens
                                 ordered removed under
                                 section 238(b) of the
                                 Act and aliens whose
                                 removal is reinstated
                                 under section
                                 241(a)(5) of the Act.
------------------------------------------------------------------------


[[Page 9835]]


    16a. The authority citation for newly duplicated part 1208 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

Chapter I, Subchapter B

PART 209--[DUPLICATED AS PART 1209]

Chapter V, Subchapter B

PART 1209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED 
ASYLUM

    17. All sections in part 209 are duplicated in part 1209, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 209                     Heading             Part 1209
------------------------------------------------------------------------
Sec.   209.1..................  Adjustment of status    Sec.   1209.1
                                 of refugees.
Sec.   209.2..................  Adjustment of status    Sec.   1209.2
                                 of alien granted
                                 asylum.
------------------------------------------------------------------------


    17a. The authority citation for newly designated part 1209 
continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 
1282; 8 CFR part 2.

PART 211--[DUPLICATED IN PART AS PART 1211]

Chapter V, Subchapter B

PART 1211--DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS

    18. Section 211.4 is duplicated in part 1211, as section 1211.4.
    18a. The authority citation for newly designated part 1211 
continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 
CFR part 2.

PART 212--[DUPLICATED AS PART 1212]

Chapter V, Subchapter B

PART 1212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

    19. All sections in part 212 are duplicated in part 1212, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 212                     Heading             Part 1212
------------------------------------------------------------------------
Sec.   212.1..................  Documentary             Sec.   1212.1
                                 requirements for
                                 nonimmigrants.
Sec.   212.2..................  Consent to reapply for  Sec.   1212.2
                                 admission after
                                 deportation, removal
                                 or departure at
                                 Government expense.
Sec.   212.3..................  Application for the     Sec.   1212.3
                                 exercise of
                                 discretion under
                                 section 212(c).
Sec.   212.4..................  Application for the     Sec.   1212.4
                                 exercise of
                                 discretion under
                                 section 212(d)(1) and
                                 212(d)(3).
Sec.   212.5..................  Parole of aliens into   Sec.   1212.5
                                 the United States.
Sec.   212.6..................  Border crossing         Sec.   1212.6
                                 identification cards.
Sec.   212.7..................  Waiver of certain       Sec.   1212.7
                                 grounds of
                                 inadmissibility.
Sec.   212.8..................  Certification           Sec.   1212.8
                                 requirement of
                                 section 212(a)(14).
Sec.   212.9..................  Applicability of        Sec.   1212.9
                                 section 212(a)(32) to
                                 certain derivative
                                 third and sixth
                                 preference and
                                 nonpreference
                                 immigrants.
Sec.   212.10.................  Section 212(k) waiver.  Sec.   1212.10
Sec.   212.11.................  Controlled substance    Sec.   1212.11
                                 convictions.
Sec.   212.12.................  Parole determinations   Sec.   1212.12
                                 and revocations
                                 respecting Mariel
                                 Cubans.
Sec.   212.13.................  [Reserved]............  Sec.   1212.13
Sec.   212.14.................  Parole determinations   Sec.   1212.14
                                 for alien witnesses
                                 and informants for
                                 whom a law
                                 enforcement authority
                                 (``LEA'') will
                                 request S
                                 classification.
Sec.   212.15.................  Certificates for        Sec.   1212.15
                                 foreign health care
                                 workers.
Sec.   212.16.................  Applications for        Sec.   1212.16
                                 exercise of
                                 discretion relating
                                 to T nonimmigrant
                                 status.
------------------------------------------------------------------------


    19a. The authority citation for newly designated part 1212 
continues to read as follows:

    Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 
1184, 1187, 1225, 1226, 1227, 1228; 8 CFR part 2.

Chapter V, Subchapter B

    20. Add part 1214 to chapter V to read as follows:

PART 1214--REVIEW OF NONIMMIGRANT CLASSES

Sec.
1214.1 Review of requirements for admission, extension, and 
maintenance of status.
1214.2 Review of alien victims of severe forms of trafficking in 
persons; aliens in pending immigration proceedings.
1214.3 Certain spouses and children of lawful permanent residents; 
aliens in proceedings; V visas.


[[Page 9836]]


    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 
1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110 
Stat. 3009-708; section 141 of the Compacts of Free Association with 
the Federated States of Micronesia and the Republic of the Marshall 
Islands, and with the Government of Palau, 48 U.S.C. 1901, note, and 
1931 note, respectively; 8 CFR part 2.


Sec.  1214.1  Review of requirements for admission, extension, and 
maintenance of status.

    Every nonimmigrant alien who applies for admission to, or an 
extension of stay in, the United States, shall establish that he or she 
is admissible to the United States, or that any ground of 
inadmissibility has been waived under section 212(d)(3) of the Act. 
Upon application for admission, the alien shall present a valid 
passport and valid visa unless either or both documents have been 
waived. However, an alien applying for extension of stay shall present 
a passport only if requested to do so by the Service. The passport of 
an alien applying for admission shall be valid for a minimum of six 
months from the expiration date of the contemplated period of stay, 
unless otherwise provided in this chapter, and the alien shall agree to 
abide by the terms and conditions of his or her admission. The passport 
of an alien applying for extension of stay shall be valid at the time 
of application for extension, unless otherwise provided in this 
chapter, and the alien shall agree to maintain the validity of his or 
her passport and to abide by all the terms and conditions of his 
extension. The alien shall also agree to depart the United States at 
the expiration of his or her authorized period of admission or 
extension, or upon abandonment of his or her authorized nonimmigrant 
status. At the time a nonimmigrant alien applies for admission or 
extension of stay he or she shall post a bond on Form I-352 in the sum 
of not less than $500, to insure the maintenance of his or her 
nonimmigrant status and departure from the United States, if required 
to do so by the director, immigration judge or Board of Immigration 
Appeals.


Sec.  1214.2  Review of alien victims of severe forms of trafficking in 
persons; aliens in pending immigration proceedings.

    (a) Applications for T visas while in proceedings. Individuals who 
believe they are victims of severe forms of trafficking in persons and 
who are in pending immigration proceedings must inform the Service if 
they intend to apply for T nonimmigrant status under this section. With 
the concurrence of Service counsel, a victim of a severe form of 
trafficking in persons in proceedings before an immigration judge or 
the Board of Immigration Appeals may request that the proceedings be 
administratively closed (or that a motion to reopen or motion to 
reconsider be indefinitely continued) in order to allow the alien to 
pursue an application for T nonimmigrant status with the Service. If 
the alien appears eligible for T nonimmigrant status, the immigration 
judge or the Board, whichever has jurisdiction, may grant such a 
request to administratively close the proceeding or continue a motion 
to reopen or motion to reconsider indefinitely. In the event the 
Service finds an alien ineligible for T-1 nonimmigrant status, the 
Service may recommence proceedings that have been administratively 
closed by filing a motion to re-calendar with the immigration court or 
a motion to reinstate with the Board. If the alien is in Service 
custody pending the completion of immigration proceedings, the Service 
may continue to detain the alien until a decision has been rendered on 
the application. An alien who is in custody and requests bond or a bond 
redetermination will be governed by the provisions of part 236 of this 
chapter.
    (b) Stay of final order of exclusion, deportation, or removal. A 
determination by the Service that an application for T-1 nonimmigrant 
status is bona fide automatically stays the execution of any final 
order of exclusion, deportation, or removal. This stay shall remain in 
effect until there is a final decision on the T application. The filing 
of an application for T nonimmigrant status does not stay the execution 
of a final order unless the Service has determined that the application 
is bona fide. Neither an immigration judge nor the Board of Immigration 
Appeals has jurisdiction to adjudicate an application for a stay of 
execution, deportation, or removal order, on the basis of the filing of 
an application for T nonimmigrant status.


Sec.  1214.3  Certain spouses and children of lawful permanent 
residents; aliens in proceedings; V visas.

    An alien who is already in immigration proceedings and believes 
that he or she may have become eligible to apply for V nonimmigrant 
status should request before the immigration judge or the Board of 
Immigration Appeals, as appropriate, that the proceedings be 
administratively closed (or before the Board that a previously-filed 
motion for reopening or reconsideration be indefinitely continued) in 
order to allow the alien to pursue an application for V nonimmigrant 
status with the Service. If the alien appears eligible for V 
nonimmigrant status, the immigration judge or the Board, whichever has 
jurisdiction, shall administratively close the proceeding or continue 
the motion indefinitely. In the event that the Service finds an alien 
eligible for V nonimmigrant status, the Service can adjudicate the 
change of status under this section. In the event that the Service 
finds an alien ineligible for V nonimmigrant status, the Service shall 
recommence proceedings by filing a motion to re-calendar.

Chapter I, Subchapter B

PART 215--[DUPLICATED AS PART 1215]

Chapter V, Subchapter B

PART 1215--CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES

    21. All sections in part 215 are duplicated in part 1215, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 215                     Heading             Part 1215
------------------------------------------------------------------------
Sec.   215.1..................  Definitions...........  Sec.   1215.1
Sec.   215.2..................  Authority of departure- Sec.   1215.2
                                 control officer to
                                 prevent alien's
                                 departure from the
                                 United States.
Sec.   215.3..................  Alien whose departure   Sec.   1215.3
                                 is deemed prejudicial
                                 to the interests of
                                 the United States.
Sec.   215.4..................  Procedure in case of    Sec.   1215.4
                                 alien prevented from
                                 departing from the
                                 United States.
Sec.   215.5..................  Hearing procedure       Sec.   1215.5
                                 before special
                                 inquiry officer.
Sec.   215.6..................  Departure from the      Sec.   1215.6
                                 Canal Zone, the Trust
                                 Territory of the
                                 Pacific Islands, or
                                 outlying possessions
                                 of the United States.
Sec.   215.7..................  Instructions from the   Sec.   1215.7
                                 Administrator
                                 required in certain
                                 cases.
------------------------------------------------------------------------


[[Page 9837]]


    21a. The authority citation for newly designated part 1215 
continues to read as follows:

    Authority: Sec. 104, 66 Stat. 174, Proc. 3004, 18 FR 489; 8 
U.S.C. 1104, 3 CFR, 1953 Supp. Interpret or apply sec. 215, 66 Stat. 
190; (8 U.S.C. 1185).

Chapter I, Subchapter B

PART 216--[DUPLICATED AS PART 1216]

Chapter V, Subchapter B

PART 1216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

    22. All sections in part 216 are duplicated in part 1216, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 216                     Heading             Part 1216
------------------------------------------------------------------------
Sec.   216.1..................  Definitions of          Sec.   1216.1
                                 conditional permanent
                                 resident.
Sec.   216.2..................  Notification            Sec.   1216.2
                                 requirements.
Sec.   216.3..................  Termination of          Sec.   1216.3
                                 conditional resident
                                 status.
Sec.   216.4..................  Joint petition to       Sec.   1216.4
                                 remove conditional
                                 basis of lawful
                                 permanent resident
                                 status for alien
                                 spouse.
Sec.   216.5..................  Waiver of requirement   Sec.   1216.5
                                 to file joint
                                 petition to remove
                                 conditions by alien
                                 spouse.
Sec.   216.6..................  Petition by             Sec.   1216.6
                                 entrepreneur to
                                 remove conditional
                                 basis of lawful
                                 permanent resident
                                 status.
------------------------------------------------------------------------


    22a. The authority citation for newly designated part 1216 is 
revised to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8 
CFR part 2.

Chapter I, Subchapter B

PART 235--[DUPLICATED IN PART AS PART 1235]

Chapter V, Subchapter B

PART 1235--INSPECTION OF PERSONS APPLYING FOR PERMISSION

    23. The following sections in part 235 are duplicated in part 1235, 
as set out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 235                     Heading             Part 1235
------------------------------------------------------------------------
Sec.   235.1..................  Scope of examination..  Sec.   1235.1
Sec.   235.2..................  Parole for deferred     Sec.   1235.2
                                 inspection.
Sec.   235.3..................  Inadmissible aliens     Sec.   1235.3
                                 and expedited removal.
Sec.   235.4..................  Withdrawal of           Sec.   1235.4
                                 application for
                                 admission.
Sec.   235.5..................  Preinspection.........  Sec.   1235.5
Sec.   235.6..................  Referral to             Sec.   1235.6
                                 immigration judge.
Sec.   235.8..................  Inadmissibility on      Sec.   1235.8
                                 security and related
                                 grounds.
Sec.   235.9..................  Northern Marianas       Sec.   1235.9
                                 identification card.
Sec.   235.10.................  U.S. Citizen            Sec.   1235.10
                                 Identification Card.
Sec.   235.11.................  Admission of            Sec.   1235.11
                                 conditional permanent
                                 residents.
Sec.   235.12.................  [Redesignated]........  Sec.   1235.12
Sec.   235.13.................  [Redesignated]........  Sec.   1235.13
------------------------------------------------------------------------


[[Page 9838]]


    23a. The authority citation for newly designated part 1235 
continues to read as follows:

    Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1201, 1224, 1225, 
1226, 1228; 8 CFR part 2.

Chapter I, Subchapter B

PART 236--[DUPLICATED AS PART 1236]

Chapter V, Subchapter B

PART 1236--APPREHENSION AND DETENTION OF INADMISSABLE AND 
DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED

    24. All sections in part 236, Subpart A, are duplicated in part 
1236, as set out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 236                     Heading             Part 1236
------------------------------------------------------------------------
                                Subpart A
------------------------------------------------------------------------
Sec.   236.1..................  Apprehension, custody,  Sec.   1236.1
                                 and detention.
Sec.   236.2..................  Confined aliens,        Sec.   1236.2
                                 incompetents, and
                                 minors.
Sec.   236.3..................  Detention and release   Sec.   1236.3
                                 of juveniles.
Sec.   236.4..................  Removal of S-5, S-6,    Sec.   1236.4
                                 and S-7 nonimmigrants.
Sec.   236.5..................  Fingerprints and        Sec.   1236.5
                                 photographs.
Sec.   236.6..................  Information regarding   Sec.   1236.6
                                 detainees.
Sec.   236.7..................  [Reserved]............  Sec.   1236.7
Sec.   236.8..................  [Reserved]............  Sec.   1236.8
Sec.   236.9..................  [Reserved]............  Sec.   1236.9
------------------------------------------------------------------------


    24a. The authority citation for newly designated part 1236 
continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224, 
1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 
2.

Chapter I, Subchapter B

PART 238--[DUPLICATED AS PART 1238]

Chapter V, Subchapter B

PART 1238--EXPEDITED REMOVAL OF AGGRAVATED FELONS

    25. Section 238.1 is duplicated in part 1238, as Sec.  1238.1.

    25a. The authority citation for newly designated part 1238 
continues to read as follows:

    Authority: 8 U.S.C. 1228; 8 CFR part 2.

Chapter I, Subchapter B

PART 239--[DUPLICATED AS PART 1239]

Chapter V, Subchapter B

PART 1239--INITIATION OF REMOVAL PROCEEDINGS

    26. All sections in part 239 are duplicated in part 1239, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 239                     Heading             Part 1239
------------------------------------------------------------------------
Sec.   239.1..................  Notice to appear......  Sec.   1239.1
Sec.   239.2..................  Cancellation of notice  Sec.   1239.2
                                 to appear.
Sec.   239.3..................  Effect of filing        Sec.   1239.3
                                 notice to appear.
------------------------------------------------------------------------

    26a. The authority citation for newly designated part 1239 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1221, 1229; 8 CFR part 2.

Chapter I, Subchapter B

PART 240--[REDESIGNATED IN PART AS PART 1240]

Chapter V, Subchapter B

PART 1240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE 
UNITED STATES

    27. Transfer the following sections of 8 CFR part 240 from chapter 
I, subchapter B, to chapter V, subchapter B, and designate as 8 CFR 
part 1240, as set out in the following table:

[[Page 9839]]



------------------------------------------------------------------------
                                                         Is transferred
           Part 240                     Heading         and redesignated
                                                          as Part 1240
------------------------------------------------------------------------
                                Subpart A
------------------------------------------------------------------------
Sec.   240.1..................  Immigration judges....  Sec.   1240.1
Sec.   240.2..................  Service counsel.......  Sec.   1240.2
Sec.   240.3..................  Representation by       Sec.   1240.3
                                 counsel.
Sec.   240.4..................  Incompetent             Sec.   1240.4
                                 respondents.
Sec.   240.5..................  Interpreter...........  Sec.   1240.5
Sec.   240.6..................  Postponement and        Sec.   1240.6
                                 adjournment of
                                 hearing.
Sec.   240.7..................  Evidence in removal     Sec.   1240.7
                                 proceedings under
                                 section 240 of the
                                 Act.
Sec.   240.8..................  Burdens of proof in     Sec.   1240.8
                                 removal proceedings.
Sec.   240.9..................  Contents of record....  Sec.   1240.9
Sec.   240.10.................  Hearing...............  Sec.   1240.10
Sec.   240.11.................  Ancillary matters,      Sec.   1240.11
                                 applications.
Sec.   240.12.................  Decision of the         Sec.   1240.12
                                 immigration judge.
Sec.   240.13.................  Notice of decision....  Sec.   1240.13
Sec.   240.14.................  Finality of order.....  Sec.   1240.14
Sec.   240.15.................  Appeals...............  Sec.   1240.15
Sec.   240.16.................  Application of new      Sec.   1240.16
                                 procedures or
                                 termination of
                                 proceedings in old
                                 proceedings pursuant
                                 to section 309(c) of
                                 Public Law 104-208.
Sec.   240.17.................  [Reserved]............  Sec.   1240.17
Sec.   240.18.................  [Reserved]............  Sec.   1240.18
-------------------------------
                                Subpart B
------------------------------------------------------------------------
Sec.   240.19.................  [Reserved]............  Sec.   1240.19
Sec.   240.20.................  Cancellation of         Sec.   1240.20
                                 removal and
                                 adjustment of status
                                 under section 240A of
                                 the Act.
Sec.   240.22.................  [Reserved]............  Sec.   1240.22
Sec.   240.23.................  [Reserved]............  Sec.   1240.23
Sec.   240.24.................  [Reserved]............  Sec.   1240.24
-------------------------------
                                Subpart C
------------------------------------------------------------------------
Sec.   240.26.................  Voluntary departure--   Sec.   1240.26
                                 authority of the
                                 Executive Office for
                                 Immigration Review.
Sec.   240.27.................  [Reserved]............  Sec.   1240.27
Sec.   240.28.................  [Reserved]............  Sec.   1240.28
Sec.   240.29.................  [Reserved]............  Sec.   1240.29
-------------------------------
                                Subpart D
------------------------------------------------------------------------
Sec.   240.30.................  Proceedings prior to    Sec.   1240.30
                                 April 1, 1997.
Sec.   240.31.................  Authority of            Sec.   1240.31
                                 immigration judges.
Sec.   240.32.................  Hearing...............  Sec.   1240.32
Sec.   240.33.................  Applications for        Sec.   1240.33
                                 asylum or withholding
                                 of deportation.
Sec.   240.34.................  Renewal of application  Sec.   1240.34
                                 for adjustment of
                                 status under section
                                 245 of the Act.
Sec.   240.35.................  Decision of the         Sec.   1240.35
                                 immigration judge;
                                 notice to the
                                 applicant.
Sec.   240.36.................  Finality of order.....  Sec.   1240.36
Sec.   240.37.................  Appeals...............  Sec.   1240.37
Sec.   240.38.................  Fingerprinting of       Sec.   1240.38
                                 excluded aliens.
Sec.   240.39.................  [Reserved]............  Sec.   1240.39
-------------------------------
                                Subpart E
------------------------------------------------------------------------
Sec.   240.40.................  Proceedings commenced   Sec.   1240.40
                                 prior to April 1,
                                 1997.
Sec.   240.41.................  Immigration Judges....  Sec.   1240.41
Sec.   240.42.................  Representation by       Sec.   1240.42
                                 counsel.
Sec.   240.43.................  Incompetent             Sec.   1240.43
                                 respondents.
Sec.   240.44.................  Interpreter...........  Sec.   1240.44
Sec.   240.45.................  Postponement and        Sec.   1240.45
                                 adjournment of
                                 hearing.
Sec.   240.46.................  Evidence..............  Sec.   1240.46
Sec.   240.47.................  Contents of record....  Sec.   1240.47
Sec.   240.48.................  Hearing...............  Sec.   1240.48
Sec.   240.49.................  Ancillary matters,      Sec.   1240.49
                                 applications.
Sec.   240.50.................  Decision of the         Sec.   1240.50
                                 immigration judge.
Sec.   240.51.................  Notice of decision....  Sec.   1240.51
Sec.   240.52.................  Finality of order.....  Sec.   1240.52
Sec.   240.53.................  Appeals...............  Sec.   1240.53
Sec.   240.54.................  [Reserved]............  Sec.   1240.54
-------------------------------
                                Subpart F
------------------------------------------------------------------------
Sec.   240.55.................  Proceedings commenced   Sec.   1240.55
                                 prior to April 1,
                                 1997.

[[Page 9840]]


Sec.   240.56.................  Application...........  Sec.   1240.56
Sec.   240.57.................  Extension of time to    Sec.   1240.57
                                 depart.
Sec.   240.58.................  Extreme hardship......  Sec.   1240.58
-------------------------------
                           Subpart G--Reserved
------------------------------------------------------------------------


    28. The following sections in part 240 are duplicated in part 1240, 
as set out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 240                     Heading             Part 1240
------------------------------------------------------------------------
                                Subpart B
------------------------------------------------------------------------
Sec.   240.21.................  Suspension of           Sec.   1240.21
                                 deportation and
                                 adjustment of status
                                 under section 244(a)
                                 of the Act (as in
                                 effect before April
                                 1, 1997) and
                                 cancellation of
                                 removal and
                                 adjustment of status
                                 under section 240A(b)
                                 of the Act for
                                 certain nonpermanent
                                 residents.
-------------------------------
                                Subpart H
------------------------------------------------------------------------
Sec.   240.60.................  Definitions...........  Sec.   1240.60
Sec.   240.61.................  Applicability.........  Sec.   1240.61
Sec.   240.62.................  Jurisdiction..........  Sec.   1240.62
Sec.   240.63.................  Application process...  Sec.   1240.63
Sec.   240.64.................  Eligibility--general..  Sec.   1240.64
Sec.   240.65.................  Eligibility for         Sec.   1240.65
                                 suspension of
                                 deportation.
Sec.   240.66.................  Eligibility for         Sec.   1240.66
                                 special rule
                                 cancellation of
                                 removal.
Sec.   240.67.................  Procedure for           Sec.   1240.67
                                 interview before an
                                 asylum officer.
Sec.   240.68.................  Failure to appear at    Sec.   1240.68
                                 an interview before
                                 an asylum officer or
                                 failure to follow
                                 requirements for
                                 fingerprinting.
Sec.   240.69.................  Reliance on             Sec.   1240.69
                                 information compiled
                                 by other sources.
Sec.   240.70.................  Decision by the         Sec.   1240.70
                                 Service.
------------------------------------------------------------------------


    28a. The authority citation for newly redesignated part 1240 
continues to read as follows:

    Authority: 8 U.S.C. 1103; 1182, 1186a, 1224, 1225, 1226, 1227, 
1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-
100 (111 Stat. 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 
2681); 8 CFR part 2.

Chapter I, Subchapter B

PART 241--[DUPLICATED AS PART 1241]

Chapter V, Subchapter B

PART 1241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED

    29. All sections in part 241 are duplicated in part 1241, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 241                     Heading             Part 1241
------------------------------------------------------------------------
                                Subpart A
------------------------------------------------------------------------
Sec.   241.1..................  Final order of removal  Sec.   1241.1
Sec.   241.2..................  Warrant of removal....  Sec.   1241.2
Sec.   241.3..................  Detention of aliens     Sec.   1241.3
                                 during removal period.
Sec.   241.4..................  Continued detention of  Sec.   1241.4
                                 inadmissible,
                                 criminal, and other
                                 aliens beyond the
                                 removal period.
Sec.   241.5..................  Conditions of release   Sec.   1241.5
                                 after removal period.
Sec.   241.6..................  Administrative stay of  Sec.   1241.6
                                 removal.
Sec.   241.7..................  Self-removal..........  Sec.   1241.7
Sec.   241.8..................  Reinstatement of        Sec.   1241.8
                                 removal orders.
Sec.   241.9..................  Notice to               Sec.   1241.9
                                 transportation line
                                 of alien's removal.

[[Page 9841]]


Sec.   241.10.................  Special care and        Sec.   1241.10
                                 attention of
                                 removable aliens.
Sec.   241.11.................  Detention and removal   Sec.   1241.11
                                 of stowaways.
Sec.   241.12.................  Nonapplication of       Sec.   1241.12
                                 costs of detention
                                 and maintenance.
Sec.   241.13.................  Determination of        Sec.   1241.13
                                 whether there is a
                                 significant
                                 likelihood of
                                 removing a detained
                                 alien in the
                                 reasonably
                                 foreseeable future.
Sec.   241.14.................  Continued detention of  Sec.   1241.14
                                 removable aliens on
                                 account of special
                                 circumstances.
Sec.   241.15.................  Information regarding   Sec.   1241.15
                                 detainees.
Sec.   241.16.................  Reserved..............  Sec.   1241.16
Sec.   241.17.................  Reserved..............  Sec.   1241.17
Sec.   241.18.................  Reserved..............  Sec.   1241.18
Sec.   241.19.................  Reserved..............  Sec.   1241.19
-------------------------------
                                Subpart B
------------------------------------------------------------------------
Sec.   241.20.................  Proceedings commenced   Sec.   1241.20
                                 prior to April 1,
                                 1997.
Sec.   241.21.................  Stay of deportation of  Sec.   1241.21
                                 excluded alien.
Sec.   241.22.................  Notice to surrender     Sec.   1241.22
                                 for deportation.
Sec.   241.23.................  Cost of maintenance     Sec.   1241.23
                                 not assessed.
Sec.   241.24.................  Notice to               Sec.   1241.24
                                 transportation line
                                 of alien's exclusion.
Sec.   241.25.................  Deportation...........  Sec.   1241.25
Sec.   241.26.................  Reserved..............  Sec.   1241.26
Sec.   241.27.................  Reserved..............  Sec.   1241.27
Sec.   241.28.................  Reserved..............  Sec.   1241.28
Sec.   241.29.................  Reserved..............  Sec.   1241.29
-------------------------------
                                Subpart C
------------------------------------------------------------------------
Sec.   241.30.................  Proceedings commenced   Sec.   1241.30
                                 prior to April 1,
                                 1997.
Sec.   241.31.................  Final order of          Sec.   1241.31
                                 deportation.
Sec.   241.32.................  Warrant of deportation  Sec.   1241.32
Sec.   241.33.................  Expulsion.............  Sec.   1241.33
------------------------------------------------------------------------


    29a. The authority citation for newly designated part 1241 
continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223, 
1224, 1225, 1226, 1227, 1231, 1251, 1253, 1255, 1330, 1362; 18 
U.S.C. 4002, 4013(c)(4); 8 CFR part 2.

Chapter I, Subchapter B

PART 244--[DUPLICATED AS PART 1244]

Chapter V, Subchapter B

PART 1244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED 
STATES

    30. All sections in part 244 are duplicated in part 1244, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 244                     Heading             Part 1244
------------------------------------------------------------------------
Sec.   244.1..................  Definitions...........  Sec.   1244.1
Sec.   244.2..................  Eligibility...........  Sec.   1244.2
Sec.   244.3..................  Applicability of        Sec.   1244.3
                                 grounds of
                                 inadmissibility.
Sec.   244.4..................  Ineligible aliens.....  Sec.   1244.4
Sec.   244.5..................  Temporary treatment     Sec.   1244.5
                                 benefits for eligible
                                 aliens.
Sec.   244.6..................  Application...........  Sec.   1244.6
Sec.   244.7..................  Filing the application  Sec.   1244.7
Sec.   244.8..................  Appearance............  Sec.   1244.8
Sec.   244.9..................  Evidence..............  Sec.   1244.9
Sec.   244.10.................  Decision by the         Sec.   1244.10
                                 director or
                                 Administrative
                                 Appeals Unit (AAU).
Sec.   244.11.................  Renewal of              Sec.   1244.11
                                 application; appeal
                                 to the Board of
                                 Immigration Appeals.
Sec.   244.12.................  Employment              Sec.   1244.12
                                 authorization.
Sec.   244.13.................  Termination of          Sec.   1244.13
                                 temporary treatment
                                 benefits.
Sec.   244.14.................  Withdrawal of           Sec.   1244.14
                                 Temporary Protected
                                 Status.
Sec.   244.15.................  Travel abroad.........  Sec.   1244.15
Sec.   244.16.................  Confidentiality.......  Sec.   1244.16
Sec.   244.17.................  Annual registration...  Sec.   1244.17
Sec.   244.18.................  Issuance of charging    Sec.   1244.18
                                 documents; detention.
Sec.   244.19.................  Termination of          Sec.   1244.19
                                 designation.

[[Page 9842]]


Sec.   244.20.................  Waiver of Fees........  Sec.   1244.20
------------------------------------------------------------------------


    30a. The authority citation for newly designated part 1244 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.

Chapter I, Subchapter B

PART 245--[DUPLICATED AS PART 1245]

Chapter V, Subchapter B

PART 1245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR 
PERMANENT RESIDENCE

    31. All sections in part 245 are duplicated in part 1245, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 245                     Heading             Part 1245
------------------------------------------------------------------------
Sec.   245.1..................  Eligibility...........  Sec.   1245.1
Sec.   245.2..................  Application...........  Sec.   1245.2
Sec.   245.3..................  Adjustment of status    Sec.   1245.3
                                 under section 13 of
                                 the Act of September
                                 11, 1957, as amended.
Sec.   245.4..................  Documentary             Sec.   1245.4
                                 requirements.
Sec.   245.5..................  Medical examination...  Sec.   1245.5
Sec.   245.6..................  Interview.............  Sec.   1245.6
Sec.   245.7..................  Adjustment of status    Sec.   1245.7
                                 of certain Soviet and
                                 Indochinese parolees
                                 under the Foreign
                                 Operations
                                 Appropriations Act
                                 for Fiscal Year 1990
                                 (Pub. L. 101-167).
Sec.   245.8..................  Adjustment of status    Sec.   1245.8
                                 as a special
                                 immigrant under
                                 section 101(a)(27)(K)
                                 of the Act.
Sec.   245.9..................  Adjustment of status    Sec.   1245.9
                                 of certain nationals
                                 of the People's
                                 Republic of China
                                 under Public Law 102-
                                 404.
Sec.   245.10.................  Adjustment of status    Sec.   1245.10
                                 upon the payment of
                                 additional sum under
                                 section 245(i).
Sec.   245.11.................  Adjustment of aliens    Sec.   1245.11
                                 in S nonimmigrant
                                 classification.
Sec.   245.12.................  What are the            Sec.   1245.12
                                 procedures for
                                 certain Polish and
                                 Hungarian parolees
                                 who are adjusting
                                 status to that of
                                 permanent resident
                                 under the Illegal
                                 Immigration Reform
                                 and Immigrant
                                 Responsibility Act of
                                 1996?
Sec.   245.13.................  Adjustment of status    Sec.   1245.13
                                 of certain nationals
                                 of Nicaragua and Cuba
                                 under Public Law 105-
                                 100.
Sec.   245.14.................  Adjustment of status    Sec.   1245.14
                                 of certain health
                                 care workers.
Sec.   245.15.................  Adjustment of status    Sec.   1245.15
                                 of certain Haitian
                                 nationals under the
                                 Haitian Refugee
                                 Immigrant Fairness
                                 Act of 1998 (HRIFA).
Sec.   245.18.................  How can physicians      Sec.   1245.18
                                 (with approved Forms
                                 I-140) that are
                                 serving in medically
                                 underserved areas or
                                 at a Veterans Affairs
                                 facility adjust
                                 status?
Sec.   245.20.................  Adjustment of status    Sec.   1245.20
                                 of Syrian asylees
                                 under Public Law 106-
                                 378.
Sec.   245.21.................  Adjustment of status    Sec.   1245.21
                                 of certain nationals
                                 of Vietnam, Cambodia,
                                 and Laos (section 586
                                 of Public Law 106-
                                 429) Syrian asylees
                                 under Public Law 106-
                                 378.
Sec.   245.22.................  Evidence to             Sec.   1245.22
                                 demonstrate an
                                 alien's physical
                                 presence in the
                                 United States on a
                                 specific date.
------------------------------------------------------------------------

    31a. The authority citation for newly designated part 1245 
continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub.L. 
105-100, 111 Stat. 2160, 2193; sec. 902, Pub.L. 105-277, 112 Stat. 
2681; 8 CFR part 2.

Chapter I, Subchapter B

PART 246--[DUPLICATED AS PART 1246]

Chapter V, Subchapter B

PART 1246--RESCISSION OF ADJUSTMENT OF STATUS

    32. All sections in part 246 are duplicated in part 1246, as set 
out in the following table:

[[Page 9843]]



------------------------------------------------------------------------
                                                        Is duplicated as
           Part 246                     Heading             Part 1246
------------------------------------------------------------------------
Sec.   246.1..................  Notice................  Sec.   1246.1
Sec.   246.2..................  Allegations admitted;   Sec.   1246.2
                                 no answer filed; no
                                 hearing requested.
Sec.   246.3..................  Allegations contested   Sec.   1246.3
                                 or denied; hearing
                                 requested.
Sec.   246.4..................  Immigration judge's     Sec.   1246.4
                                 authority; withdrawal
                                 and substitution.
Sec.   246.5..................  Hearing...............  Sec.   1246.5
Sec.   246.6..................  Decision and order....  Sec.   1246.6
Sec.   246.7..................  Appeals...............  Sec.   1246.7
Sec.   246.8..................  [Reserved]............  Sec.   1246.8
Sec.   246.9..................  Surrender of Form I-    Sec.   1246.9
                                 551.
------------------------------------------------------------------------


    32a. The authority citation for newly designated part 1246 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1254, 1255, 1256, 1259; 8 CFR part 2.

Chapter I, Subchapter B

PART 249--[DUPLICATED AS PART 1249]

Chapter V, Subchapter B

PART 1249--CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT 
RESIDENCE

    33. All sections in part 249 are duplicated in part 1249, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 249                     Heading             Part 1249
------------------------------------------------------------------------
Sec.   249.1..................  Waiver of               Sec.   1249.1
                                 inadmissibility.
Sec.   249.2..................  Application...........  Sec.   1249.2
Sec.   249.3..................  Reopening and           Sec.   1249.3
                                 reconsideration.
------------------------------------------------------------------------


    33a. The authority citation for newly designated part 1249 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1182, 1259; 8 CFR part 2.

Chapter I, Subchapter B

PART 270--[DUPLICATED AS PART 1270]

Chapter V, Subchapter B

PART 1270--PENALTIES FOR DOCUMENT FRAUD

    34. All sections in part 270 are duplicated in part 1270, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 270                     Heading             Part 1270
------------------------------------------------------------------------
Sec.   270.1..................  Definitions...........  Sec.   1270.1
Sec.   270.2..................  Enforcement procedures  Sec.   1270.2
Sec.   270.3..................  Penalties.............  Sec.   1270.3
------------------------------------------------------------------------


[[Page 9844]]


    34a. The authority citation for newly designated part 1270 
continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, and 1324c; Pub. L. 101-410, 104 
Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

Chapter I, Subchapter B

PART 274a--[DUPLICATED AS PART 1274a]

Chapter V, Subchapter B

PART 1274a--CONTROL OF EMPLOYMENT OF ALIENS

    35. All sections in part 274a are duplicated in part 1274a, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 274a                    Heading            Part 1274a
------------------------------------------------------------------------
                                Subpart A
------------------------------------------------------------------------
Sec.   274a.1.................  Definitions...........  Sec.   1274a.1
Sec.   274a.2.................  Verification of         Sec.   1274a.2
                                 employment
                                 eligibility.
Sec.   274a.3.................  Continuing employment   Sec.   1274a.3
                                 of unauthorized
                                 aliens.
Sec.   274a.4.................  Good faith defense....  Sec.   1274a.4
Sec.   274a.5.................  Use of labor through    Sec.   1274a.5
                                 contract.
Sec.   274a.6.................  State employment        Sec.   1274a.6
                                 agencies.
Sec.   274a.7.................  Pre-enactment           Sec.   1274a.7
                                 provisions for
                                 employees hired prior
                                 to November 7, 1986.
Sec.   274a.8.................  Prohibition of          Sec.   1274a.8
                                 indemnity bonds.
Sec.   274a.9.................  Enforcement procedures  Sec.   1274a.9
Sec.   274a.10................  Penalties.............  Sec.   1274a.10
Sec.   274a.11................  Reserved..............  Sec.   1274a.11
-------------------------------
                                Subpart B
------------------------------------------------------------------------
Sec.   274a.12................  Classes of aliens       Sec.   1274a.12
                                 authorized to accept
                                 employment.
Sec.   274a.13................  Application for         Sec.   1274a.13
                                 employment
                                 authorization.
Sec.   247a.14................  Termination of          Sec.   1274a.14
                                 employment
                                 authorization.
------------------------------------------------------------------------


    35a. The authority citation for newly designated part 1274a 
continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.

Chapter I, Subchapter B

PART 280--[DUPLICATED AS PART 1280]

Chapter V, Subchapter B

PART 1280--IMPOSITION AND COLLECTION OF FINES

    36. All sections in part 280 are duplicated in part 1280, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 280                     Heading             Part 1280
------------------------------------------------------------------------
Sec.   280.1..................  Notice of intention to  Sec.   1280.1
                                 fine; administrative
                                 proceedings not
                                 exclusive.
Sec.   280.2..................  Special provisions      Sec.   1280.2
                                 relating to aircraft.
Sec.   280.3..................  Departure of vessel or  Sec.   1280.3
                                 aircraft prior to
                                 denial of clearance.
Sec.   280.4..................  Data concerning cost    Sec.   1280.4
                                 of transportation.
Sec.   280.5..................  Mitigation or           Sec.   1280.5
                                 remission of fines.
Sec.   280.6..................  Bond to obtain          Sec.   1280.6
                                 clearance; form.
Sec.   280.7..................  Approval of bonds or    Sec.   1280.7
                                 acceptance of cash
                                 deposit to obtain
                                 clearance.
Sec.   280.11.................  Notice of intention to  Sec.   1280.11
                                 fine; procedure.
Sec.   280.12.................  Answer and request or   Sec.   1280.12
                                 order for interview.
Sec.   280.13.................  Disposition of case...  Sec.   1280.13
Sec.   280.14.................  Record................  Sec.   1280.14
Sec.   280.15.................  Notice of final         Sec.   1280.15
                                 decision to district
                                 director of customs.
Sec.   280.21.................  Seizure of aircraft...  Sec.   1280.21
Sec.   280.51.................  Application for         Sec.   1280.51
                                 mitigation or
                                 remission.
Sec.   280.52.................  Payment of fines......  Sec.   1280.52
Sec.   280.53.................  Civil monetary          Sec.   1280.53
                                 penalties inflation
                                 adjustment.
------------------------------------------------------------------------


[[Page 9845]]


    36a. The authority citation for newly designated part 1280 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1221, 1223, 1227, 1229, 1253, 1281, 
1283, 1284, 1285, 1286, 1322, 1323, and 1330; 66 Stat. 173, 195, 
197, 201, 203, 212, 219, 221-223, 226, 227, 230; Pub. L. 101-410, 
104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

Chapter I, Subchapter B

PART 287--[DUPLICATED IN PART AS PART 1287]

Chapter V, Subchapter B

PART 1287--FIELD OFFICERS; POWERS AND DUTIES

    37. The following sections in part 287 are duplicated in part 1287, 
as set out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 287                     Heading             Part 1287
------------------------------------------------------------------------
Sec.   287.4..................  Subpoena..............  Sec.   1287.4
Sec.   287.6..................  Proof of official       Sec.   1287.6
                                 records.
------------------------------------------------------------------------


    37a. The authority citation for newly designated part 1287 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357; 8 
CFR part 2.

Chapter I, Subchapter B

PART 292--[DUPLICATED AS PART 1292]

Chapter V, Subchapter B

PART 1292--REPRESENTATION AND APPEARANCES

    38. All sections in part 292 are duplicated in part 1292, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 292                     Heading             Part 1292
------------------------------------------------------------------------
Sec.   292.1..................  Representation of       Sec.   1292.1
                                 others.
Sec.   292.2..................  Organizations           Sec.   1292.2
                                 qualified for
                                 recognition; requests
                                 for recognition;
                                 withdrawal of
                                 recognition;
                                 accreditation of
                                 representatives;
                                 roster.
Sec.   292.3..................  Professional conduct    Sec.   1292.3
                                 for practitioners--
                                 Rules and procedures.
Sec.   292.4..................  Appearances...........  Sec.   1292.4
Sec.   292.5..................  Service upon and        Sec.   1292.5
                                 action by attorney or
                                 representative of
                                 record.
Sec.   292.6..................  Interpretation........  Sec.   1292.6
------------------------------------------------------------------------


    38a. The authority citation for newly designated part 1292 
continues to read as follows:

    Authority: Secs. 103, 262, 289, 66 Stat. 173, 224, 234; 8 U.S.C. 
1103, 1302, 1359; 45 Stat. 401, 54 Stat. 670; 8 U.S.C. 226a, 451.

Chapter V, Subchapter B

PART 1299--IMMIGRATION REVIEW FORMS

    39. Part 1299 is added to chapter V, subchapter C, to read as 
follows:

Sec.
1299.1 Use of immigration forms.
1299.2 Specific immigration review forms.

    Authority: 8 U.S.C. 1103, 1252, 1429, 1443; Homeland Security 
Act of 2002, Pub. L. 107-296.


Sec.  1299.1  Use of immigration forms.

    In addition to forms prepared by the Executive Office for 
Immigration Review, the Executive Office for Immigration Review, 
immigration judges, the Board of Immigration Appeals, and 
administrative law judges use forms listed under 8 CFR chapter I, part 
299.


Sec.  1299.2  Specific immigration review forms.

    The Director of the Executive Office for Immigration Review may 
designate the specific version of a form listed in 8 CFR chapter I, 
part 299, which shall be utilized in filings before the immigration 
judges, the Board of Immigration Appeals, and administrative law 
judges.

Chapter I, Subchapter C

PART 337--[DUPLICATED AS PART 1337]

Chapter V, Subchapter C

PART 1337--OATH OF ALLEGIANCE

    40. All sections in part 337 are duplicated in part 1337, as set 
out in the following table:

------------------------------------------------------------------------
                                                        Is duplicated as
           Part 337                     Heading             Part 1337
------------------------------------------------------------------------
Sec.   337.1..................  Oath of allegiance....  Sec.   1337.1

[[Page 9846]]


Sec.   337.2..................  Oath administered by    Sec.   1337.2
                                 the Immigration and
                                 Naturalization
                                 Service or an
                                 Immigration Judge.
Sec.   337.3..................  Expedited               Sec.   1337.3
                                 administration of
                                 oath of allegiance.
Sec.   337.4..................  When requests for       Sec.   1337.4
                                 change of name
                                 granted.
Sec.   337.5..................  [Reserved]............  Sec.   1337.5
Sec.   337.6..................  [Reserved]............  Sec.   1337.6
Sec.   337.7..................  Information and         Sec.   1337.7
                                 assignment of
                                 individuals under
                                 exclusive
                                 jurisdiction.
Sec.   337.8..................  Oath administered by    Sec.   1337.8
                                 the courts.
Sec.   337.9..................  Effective date of       Sec.   1337.9
                                 naturalization.
Sec.   337.10.................  Failure to appear for   Sec.   1337.10
                                 oath administration
                                 ceremony.
------------------------------------------------------------------------


    40a. The authority citation for newly designated part 1337 
continues to read as follows:

    Authority: 8 U.S.C. 1103, 1443, 1448; 8 CFR part 2.


    41. All references in part 1003 to ``Sec.  3.'' are revised to read 
``Sec.  1003.''.

    42. All references in part 1101 to ``Sec.  101.'' are revised to 
read ``Sec.  1101.''.

    43. All references in part 1103 to ``Sec.  103.3'' are revised to 
read ``Sec.  1103.3''; references in part 1103 to ``Sec.  103.4'' are 
revised to read ``Sec.  1103.4'', and references in part 1103 to 
``Sec.  103.7'' are revised to read ``Sec.  1103.7'.

    44. All references in part 1205 to ``Sec.  205.'' are revised to 
read ``Sec.  1205.''.

    45. All references in part 1208 to ``Sec.  208.'' are revised to 
read ``Sec.  1208.''.

    46. All references in part 1209 to ``Sec.  209.''are revised to 
read ``Sec.  1209.''.

    47. All references in part 1211 to ``Sec.  211.'' are revised to 
read ``Sec.  1211.''.

    48. All references in part 1212 to ``Sec.  212.'' are revised to 
read ``Sec.  1212.''.

    49. All references in part 1215 to ``Sec.  215.'' are revised to 
read ``Sec.  1215.''.

    50. All references in part 1216 to ``Sec.  216.'' are revised to 
read ``Sec.  1216.''.

    51. All references in part 1235 to ``Sec.  235.'' are revised to 
read ``Sec.  1235.'', except any reference to ``235.7'' shall not be 
revised.

    52. All references in part 1236 to ``Sec.  236.'' are revised to 
read ``Sec.  1236.''.

    53. All references in part 1239 to ``Sec.  239.'' are revised to 
read ``Sec.  1239.''.

    54. All references in part 1240 to ``Sec.  240.'' are revised to 
read ``Sec.  1240.'', except that any reference to ``240.25'' shall not 
be revised.

    55. All references in part 1241 to ``Sec.  241.'' are revised to 
read ``Sec.  1241.''.

    56. All references in part 1244 to ``Sec.  244.'' are revised to 
read ``Sec.  1244.''.

    57. All references in part 1245 to ``Sec.  245.'' are revised to 
read ``Sec.  1245.''.

    58. All references in part 1246 to ``Sec.  246.'' are revised to 
read ``Sec.  1246.''.

    59. All references in part 1249 to ``Sec.  249.'' are revised to 
read ``Sec.  1249.''.

    60. All references in part 1270 to ``Sec.  270.'' are revised to 
read ``Sec.  1270.''.

    61. All references in part 1274a to ``Sec.  274a.'' are revised to 
read ``Sec.  1274a.''.

    62. All references in part 1280 to ``Sec.  280.'' are revised to 
read ``Sec.  1280.''.

    63. All references in part 1287 to ``Sec.  287.4'' are revised to 
read ``Sec.  1287.4'', and references to ``Sec.  287.6'' are revised to 
read ``1287.6''.

    64. All references in part 1292 to ``Sec.  292.'' are revised to 
read ``Sec.  1292.''.

    65. All references in part 1337 to ``Sec.  337.'' are revised to 
read ``Sec.  1337.''.

Chapter I, Subchapter C

PART 507--[REDESIGNATED AS 28 CFR Part 200]

28 CFR--JUDICIAL ADMINISTRATION

CHAPTER I--DEPARTMENT OF JUSTICE

PART 200--ALIEN TERRORIST REMOVAL PROCEDURES

    66. 8 CFR part 507 is transferred to 28 CFR chapter I and 
redesignated as part 200, consisting of Sec.  200.1.

    66a. The authority citation for part 200 continues to read as 
follows:

    Authority: Pub. L. 105-277, 112 Stat. 2681.


    Dated: February 26, 2003.
John Ashcroft,
Attorney General.
[FR Doc. 03-4935 Filed 2-27-03; 8:45 am]
BILLING CODE 4410-30-P




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