Suspension of Deportation and Special Rule Cancellation of Removal for Certain Nationals of Guatemala, El Salvador, and Former Soviet Bloc Countries [64 FR 33386] [FR 38-99]

DOCUMENT NUMBER: FR38-99

FEDERAL REGISTER CITE: 64 FR 33386

DATE OF PUBLICATION: June 23, 1999

BILLING CODE 4410-10

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 208, 240, 246, 274a and 299

[INS No. 1915-98; AG Order No. 2224-99]

RIN 1115-AF14

Suspension of Deportation and Special Rule Cancellation of

Removal for Certain Nationals of Guatemala, El Salvador, and

Former Soviet Bloc Countries

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

ACTION: Correction to interim rule.

SUMMARY: This document contains corrections to the interim regulation, published Friday, May 21, 1999 at 64 FR 27856, relating to section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA).

EFFECTIVE DATE: June 21, 1999.

FOR FURTHER INFORMATION CONTACT: For matters relating to the Immigration and Naturalization Service; Joanna Ruppel, International Affairs, Department of Justice, Immigration and Naturalization Service, 425 I Street NW, ULLICO Bldg., third floor, Washington, DC 20536, telephone number (202) 305-2663. For matters relating to the Executive Office for Immigration Review: Chuck Adkins-Blanch, Acting General Counsel, Executive Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, telephone number (703) 305-0470.

SUPPLEMENTARY INFORMATION:

Background

The interim rule that is the subject of this correction implements section 203 of NACARA. It amends the Department of Justice regulations by offering certain beneficiaries of section 203 of NACARA who currently have asylum applications pending with the Immigration and Naturalization Service (Service), and their qualified dependents, the option of applying to the Service for suspension of deportation or cancellation of removal under the statutory requirements set forth in NACARA ("special rule cancellati on of removal").

Need for Correction

As published, the interim rule contains an omission in § 240.64(d)(1) and must be amended. Section 240.64(d)(1) provides that "[a]n applicant described in paragraphs (a)(1) or (a)(2) of § 240.61 who has submitted a completed Form I-881 to either the Service or the Immigration Court shall be presumed to have established that deportation or removal from the United States would result in extreme hardship to the applicant or to his or her spouse, parent, or child, who is a United States citizen or an alien law fully admitted for a permanent residence." Certain applicants who are entitled to the presumption may already have filed with EOIR an application for relief under section 203 of NACARA using EOIR Form-40. Under § 240.63(a) of the interim rule, certain applicants who submitted to EOIR a completed Form EOIR-40, Application for Suspension of Deportation, before the effective date of the Form I-881 may apply with the Service by submitting the completed Form EOIR-40 attached to a completed first page of the For m I-881. Furthermore, § 240.63(b) of the interim rule provides that if jurisdiction rests with the Immigration Court under § 260.62(b) of the interim rule, applications for suspension of deportation or special rule cancellation of removal filed prior to June 21, 1999 shall be filed on form EOIR-40. Accordingly, the language of § 240.64(d)(1) mut be amended to include the Form EOIR-40.

Corrections

§ 240.64(d) [Corrected]

1. On page 27878, in the second column, in § 240.64(d)(1), the phrase "who has submitted a completed Form I-881 to either the Service or the Immigration Court" is corrected to read "who has submitted a completed Form I-881 or Form EOIR-40 to either the Service or the Immigration Court, in accordance with § 240.63."

June 17, 1999 ________________________ Dated:

Signed _________________________________________ Rosemary Hart, Federal Register Liaison Officer