Inspection and Expedited Removal of aliens; Detention and Removal of Aliens; Conduct of Removal proceedings; Asylum Procedures; Correction [62 FR 15362] [FR 11-97]

DOCUMENT NUMBER: FR 11-97

FEDERAL REGISTER CITE: 62 FR 15362

DATE PUBLISHED: April 1, 1997

BILLING CODE 4410-30-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

Executive Office for Immigration Review

8 CFR Parts 3, 208 and 236

[INS 1788-96; AG Order No. 2071-97]

RIN 1115-AE47

Inspection and Expedited Removal of Aliens;

Detention and Removal of Aliens; Conduct of Removal Proceedings;

Asylum Procedures; Correction

AGENCY: Immigration and Naturalization Service and Executive Office for Immigration Review.

ACTION: Correction to interim regulation.

SUMMARY: This document contains corrections to the interim regulation, published Thursday, March 6, 1997 (62 FR 10312), relating to inspection and expedited removal of aliens, detention and removal of aliens, conduct of removal proceedings, and asylum procedures.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT: Margaret M. Philbin (703) 305-0470 (not a toll free call).

SUPPLEMENTARY INFORMATION:

Background

The interim regulation that is the subject of these corrections amends the regulations of the Immigration and Naturalization Service (INS) and Executive Office for Immigration Review (EOIR) to implement the provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) governing expedited and regular removal proceedings, handling of asylum claims, and other activities involving the apprehension, determination, hearing of claims and ultimately the removal of inadmissible and d eportable aliens. This rule also incorporates a number of changes which are part of the Administration's reinvention and regulation streamlining effort.

Need for Correction

As published, the interim regulation contains errors which may prove to be misleading and are in need of clarification.

Correction of Publication

Accordingly, the publication on March 6, 1997 of the interim regulation (INS No. 1788-96; AG ORDER No. 2071-97), which was the subject of FR Doc. 97-5250, is corrected as follows:

§ 3.1 [Corrected]

1. On page 10330 in the third column, in § 3.1(b)(7), line 4, the words "and 8 CFR part 240, subpart E" are deleted.

§ 3.23 [Corrected]

2a. On page 10333, in the third column, in § 3.23(b)(4)(ii), lines 1 and 2, the words "in asylum proceedings or" are deleted and in lines 4 through 6, the words "in asylum proceedings pursuant to § 208.2(b) of this chapter or" are deleted.

2b. On page 10334, in the first column, in § 3.23(b)(4)(ii), lines 5 and 6, the words "pursuant to § 208.2(b) of this chapter or" are deleted.

§ 3.26 [Corrected]

3. On page 10334, in the third column, in § 3.26(c), paragraph (2), the words "or the alien's counsel of record" are added before the period at the end of the paragraph.

§ 208.2 [Corrected]

4. On page 10337, in the third column, in § 208.2(b)(2)(i), line 2, the words "Except as provided in this section," are added before the word "Proceedings" and the capital "P" in "Proceedings" is changed to a lower case "p."

§ 235.4 [Corrected]

5a. On page 10358, in the first column, in § 235.4, line 1, the letter "(a)" is deleted.

5b. On page 10358, in the first column, in § 235.4, paragraph (b), the letter "(b)" is deleted and the text of that paragraph is moved to § 240.1 as a new paragraph (d) with the following heading: "(d) Withdrawal of application for admission ."

§ 236.1 [Corrected]

6a. On page 10360, in the third column, in § 236.1 paragraph (c)(1) is redesignated as paragraph (c)(1)(i) and a new paragraph (c)(1)(ii) is added to read as follows:

§ 236.1 Apprehension, custody, and detention.

* * * * *

(c)(1)(i) * * *

(ii) While the Transition Period Custody Rules remain in effect, this paragraph and paragraph (d) of this section shall be subject to those Rules.

* * * * *

6b. On page 10360, in the third column, in § 236.1(c), paragraph (2), the following is added at the end of the paragraph: "Such an officer may also, in the exercise of discretion, release an alien in deportation proceedings pursuant to the authority in section 242 of the Act (as designated prior to April 1, 1997), except as otherwise provided by law.

6c. On page 10361, in the first column, in § 236.1(d)(1), line 13, after the phrase "236 of the Act" the following phrase is added: "(or section 242(a)(1) of the Act as designated prior to April 1, 1997 in the case of an alien in deportation proceedings)."

________________________ Dated:

Signed _________________________________________ Rosemary Hart, Federal Register Liaison Officer