Executive Office for Immigration Review; Application for Suspension of Deportation, Form EOIR-40 [60 FR 37327][FR 5-95]

\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1995 \ FEDERAL REGISTER FINAL REGULATIONS - 1995 \ Executive Office for Immigration Review; Application for Suspension of Deportation, Form EOIR-40 [60 FR 37327][FR 5-95]
Previous Document Next Document

DOCUMENT NUMBER: FR 5-95

FEDERAL REGISTER CITE: 60 FR 37327

DATE PUBLISHED: July 20, 1995

BILLING CODE 4410-01-M

DEPARTMENT OF JUSTICE

8 CFR Parts 103 , 244 , and 299

[EOIR No. 107F; AG Order No. 1978-95]

RIN 1125-AA10

Executive Office for Immigration Review; Application for

Suspension of Deportation, Form EOIR-40

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This final rule amends the regulations to reflect the change in responsibility for the Form I-256A, Application for Suspension of Deportation, from the Immigration and Naturalization Service (Service) to the Executive Office for Immigration Review (EOIR). As a result of this change in responsibility, the form number for the Application for Suspension of Deportation has been changed from I-256A to EOIR-40. This final rule is necessary to ensure that the public uses the correct form when applying for suspen sion of deportation.

EFFECTIVE DATE: This final rule is effective July 20, 1995.

FOR FURTHER INFORMATION CONTACT: Margaret M. Philbin, General Counsel, Executive Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, telephone: (703) 305-0470.

SUPPLEMENTARY INFORMATION: In recognition that an application for suspension of deportation may currently be submitted solely during proceedings before the Immigration Court, the Service and EOIR agreed to transfer responsibility for handling this application form from the Service to EOIR. On May 13, 1994, the Office of Management and Budget approved a new Form EOIR-40, Application for Suspension of Deportation, to replace the previous Form I-256A, Application for Suspension of Deportation. This final rule amends the regulations t o reflect the correct form number for the Application for Suspension of Deportation. This regulation is necessary to ensure that the public uses the correct form when applying for suspension of deportation.

Compliance with 5 U.S.C. 553 as to notice of proposed rule making and delayed effective date is not necessary because this rule relates to rules of agency procedure and practice.

In accordance with 5 U.S.C. 605(b), the Attorney General certifies that this rule does not have a significant adverse economic impact on a substantial number of small entities. The Attorney General has determined that this rule is not a significant regulatory action under Executive Order No. 12866, and accordingly this rule has not been reviewed by the Office of Management and Budget. This rule has no Federalism implications warranting the preparation of a Federalism Assessment in accordance with Executive Order No. 12612. The rule meets the applicable standards provided in sections 2(a) and 2(b)(2) of Executive Order No. 12778.

List of Subjects

8 CFR Part 103

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

8 CFR Part 244

Aliens, Reporting and recordkeeping requirements.

8 CFR Part 299

Immigration, Reporting and recordkeeping requirements.

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

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

Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201, 1252 note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p 166; 8 CFR part 2.

2. In 8 CFR 103.7, paragraph (b)(1) is amended by removing the entry for "Form I-256A" and adding the entry for "Form EOIR-40" to the listing of forms, in proper alphanumerical sequence, to read as follows:

Sec. 103.7 Fees.

* * * * *

(b) * * *

(1) * * *

Form EOIR-40. For filing application for suspension of deportation under section 244 of the Act--$100.00. (A single fee of $100.00 will be charged whenever suspension of deportation applications are filed by two or more aliens in the same proceeding).

* * * * *

PART 244--SUSPENSION OF DEPORTATION AND VOLUNTARY DEPARTURE

3. The authority citation for part 244 continues to read as follows:

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

4. Section 244.1 is amended in the last sentence by revising the reference to "Form I-256A"; to read "Form EOIR-40".

PART 299--IMMIGRATION FORMS

5. The authority citation for part 299 continues to read as follows:

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

6. Section 299.1 is amended by adding an entry for "EOIR-40" to the listing of forms, in proper alphanumerical sequence, to read as follows:

Sec. 299.1 Prescribed forms.

* * * * *

_________________________________________________________

Form No.	Edition date	Title

* * * * *

EOIR-40	11-94	Application for Suspension of Deportation.

* * * * *

July 11, 1995 _________________ Dated:

Signed _______________________________ Janet Reno, Attorney General