\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 1240 -- PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES (Chapter I part 240 was redesigned and duplicated as chapter V, part 1240, 2/28/03; 68 FR 9824) (Part 1240 was further amended to change reference citations, 3/5/03, 68 FR 10349) (Part 240 revised effective 4/1/97, previous part 240 redesignated as part 244; 62 FR 10312) \ § 1240.16 Application of new procedures or termination of proceedings in old proceedings pursuant to section 309(c) of Pub. L. 104-208. Previous DocumentNext Document
§ 1240.16 Application of new procedures or termination of proceedings in old proceedings pursuant to section 309(c) of Pub. L. 104-208.
The Attorney General shall have the sole discretion to apply the provisions of section
309(c)
of Pub. L.
104-208
, which provides for the application of new removal procedures to certain cases in exclusion or deportation proceedings and for the termination of certain cases in exclusion or deportation proceedings and initiation of new removal proceedings. The Attorney General's application of the provisions of section 309(c) shall become effective upon publication of a notice in the
Federal Register
. However, if the Attorney General determines, in the exercise of his or her discretion, that the delay caused by publication would adversely affect the interests of the United States or the effective enforcement of the immigration laws, the Attorney General's application shall become effective immediately upon issuance, and shall be published in the
Federal Register
as soon as practicable thereafter.