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Executive Office for Immigration Review; Motions and Appeals in Immigration Proceedings; Correction [61 FR 32924] [FR 61-96]
FEDERAL REGISTER CITE:
61 FR 32924
June 26, 1996
BILLING CODE 4410-01-M
DEPARTMENT OF JUSTICE
8 CFR PARTS 3 AND 242
Executive Office for Immigration Review; Motions and Appeals in
Immigration Proceedings; Correction
Department of Justice.
Correction to final regulation.
This document contains additional corrections to the final regulation published Monday, April 29, 1996 (61 FR 18900), relating to new motions and appeals procedures in immigration proceedings.
July 1, 1996.
FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin, General Counsel, Executive Office for Immigration Review, Suite 2400, 5107 Leesburg Pike, Falls Church, VA 22041, (703) 305-0470 (not a toll free call).
The final regulation that is the subject of these corrections streamlines the motions and appeals practice before the Board of Immigration Appeals and establishes a centralized procedure for filing notices of appeal, fees, fee waiver requests, and briefs directly with the Board. The new regulation also establishes time and number limitations on motions to reconsider and on motions to reopen and makes certain changes to appellate procedures to reflect the statutory directives of section 545 of the Immigrati
on Act of 1990 (Pub. L. 101-649, 104 stat. at 4978).
Need for Correction
As published, the final regulation contains errors that may prove to be misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on April 29, 1996 of the final regulation (EOIR 102F), which was the subject of FR Doc. 96-10157 is corrected as follows:
§ 3.2(b) [Corrected]
1. On page 18904, in the third column, in § 3.2 paragraph (b), line 13, the word "shall" is corrected to read "may" and in line 17, the last sentence of the paragraph is corrected to read "Such motion may be consolidated with, and considered by the Board in connection with the appeal to the Board."
§ 246.7 [Corrected]
2. On page 18910, in the first column, § 246.7, line 4, the following language is removed: "except that no appeal shall lie from an order of deportation entered in absentia".
May 6, 1996
Federal Register Liaison Officer