Proposed Rule2024-30754
Withdrawal of Notices of Proposed Rulemaking
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 31, 2024
Issuing agencies
Justice DepartmentExecutive Office for Immigration Review
Abstract
The Executive Office for Immigration Review ("EOIR") is withdrawing two of its Notices of Proposed Rulemaking ("NPRMs"): (1) Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal, and (2) Good Cause for a Continuance in Immigration Proceedings, both published on November 27, 2020, and is providing this notice of withdrawal. EOIR is withdrawing these NPRMs because of ongoing assessments of agency needs, priorities, and objectives. EOIR will not take any further action on these NPRMs.
Full Text
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<title>Federal Register, Volume 89 Issue 250 (Tuesday, December 31, 2024)</title>
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[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Proposed Rules]
[Page 107044]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30754]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 /
Proposed Rules
[[Page 107044]]
DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Parts 1001, 1003 and 1240
[EOIR Docket Nos. 18-0503, 19-0410; AG Order No. 6120-2024]
RIN 1125-AB01, 1125-AB03
Withdrawal of Notices of Proposed Rulemaking
AGENCY: Executive Office for Immigration Review; Department of Justice.
ACTION: Notice of withdrawal of proposed rules.
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SUMMARY: The Executive Office for Immigration Review (``EOIR'') is
withdrawing two of its Notices of Proposed Rulemaking (``NPRMs''): (1)
Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal,
and (2) Good Cause for a Continuance in Immigration Proceedings, both
published on November 27, 2020, and is providing this notice of
withdrawal. EOIR is withdrawing these NPRMs because of ongoing
assessments of agency needs, priorities, and objectives. EOIR will not
take any further action on these NPRMs.
DATES: As of December 31, 2024, the NPRMs published on November 27,
2020, titled ``Motions To Reopen and Reconsider; Effect of Departure;
Stay of Removal,'' 85 FR 75942, and ``Good Cause for a Continuance in
Immigration Proceedings,'' 85 FR 75925, are withdrawn.
FOR FURTHER INFORMATION CONTACT: Sarah Flinn, Acting Assistant Director
for Policy, Office of Policy, Executive Office for Immigration Review,
5107 Leesburg Pike, Falls Church, VA 22041; telephone: (703) 305-0289
(not a toll-free call).
SUPPLEMENTARY INFORMATION: On November 27, 2020, the Department of
Justice (``Department'') proposed amendments to its regulations through
publication of two NPRMs. See 85 FR 75925, 75942 (corresponding to
Regulation Identifier Numbers (``RINs'') 1125-AB03 and 1125-AB01,
respectively). Specifically, the NPRM titled ``Motions To Reopen and
Reconsider; Effect of Departure; Stay of Removal'' proposed to amend
EOIR's regulations at 8 CFR parts 1001 and 1003 governing the filing
and adjudication of motions to reopen and reconsider--including those
motions following a noncitizen's departure from the United States,
commonly known as the ``departure bar''--and to add regulations
governing requests for discretionary stays of removal. See id. at
75942, 75945 (RIN 1125-AB01). The NPRM titled ``Good Cause for a
Continuance in Immigration Proceedings'' proposed to amend EOIR's
regulations at 8 CFR parts 1003 and 1240 to define ``good cause'' in
the context of continuances, adjournments, and postponements of
immigration proceedings. See id. at 75925 (RIN 1125-AB03).
The Department is withdrawing these NPRMs because further
rulemaking action with respect to these NPRMs does not align with
agency needs, priorities, and objectives. The Department continues to
consider the best means of addressing some or all of the issues covered
by these NPRMs and the scope of any agency actions the Department
concludes may be necessary to address these issues.\1\
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\1\ Of note, an earlier entry on EOIR's Unified Agenda under RIN
1125-AA74 was merged with RIN 1125-AB01 in the Spring 2020 Unified
Agenda. RIN 1125-AA74 was developed partly as a response to a 2012
petition for rulemaking regarding the departure bar provision. In
response to the petition for rulemaking, EOIR agreed to initiate
rulemaking to amend the departure bar regulatory provisions at 8 CFR
1003.2(d) and 1003.23(b)(1). EOIR asserted that it was not, however,
committing to any particular outcome for that entry. See Off. of
Immigr. & Regul. Affs., Immigration Courts and the Board of
Immigration Appeals: Motions to Reopen and Reconsider; Effect of
Departure or Removal (Spring 2020), <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1125-AA74">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=1125-AA74</a> (describing RIN 1125-
AA74). As described above, EOIR continues to assess issues
implicated by RIN 1125-AB01 and, hence, RIN 1125-AA74.
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Moreover, the comments received on these NPRMs raised a number of
issues that warrant further attention and suggest that the Department
should further assess the best regulatory approach, if any, for
addressing the issues in the NPRMs. Thus, the Department is withdrawing
these NPRMs because, even if the Department were to determine in the
future that rulemaking on these issues is appropriate, the Department
believes that it would benefit from seeking comments on any new
proposal that might account for the specific issues raised in the
comments received on these NPRMs.
In addition, all agencies participate in the semi-annual Unified
Agenda of Regulatory and Deregulatory Actions (``Unified Agenda''),
which provides a summary description of the regulatory actions that
each agency is considering or reviewing.\2\ Agencies' agendas are
posted on the public website of the Office of Information and
Regulatory Affairs, and portions are published in the Federal Register
in the spring and fall of each year. The Unified Agenda is often used
as a tool to solicit interest and participation from stakeholders.
Withdrawal of these NPRMs will allow EOIR to better align its entries
on the Department's Unified Agenda with the agency's needs, priorities,
and objectives.
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\2\ Dates and schedules on the Unified Agenda are subject to
change. See Introduction to the Unified Agenda of Federal Regulatory
and Deregulatory Actions--Spring 2024, 89 FR 66764, 66765 (Aug. 16,
2024). Agencies may withdraw regulations listed on their Unified
Agenda, and they may issue or propose other regulations not included
in their agendas. Id. Agency actions in the rulemaking process may
occur before or after the dates listed in their Unified Agenda. Id.
The Unified Agenda does not create a legal obligation on agencies to
adhere to schedules in their Unified Agenda or to confine their
regulatory activities to those regulations that appear on it. Id.
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Accordingly, for all of these independently sufficient reasons, the
Department is withdrawing the NPRMs associated with RINs 1125-AB01 and
1125-AB03. By withdrawing the NPRMs, the Department is indicating that
it no longer considers these NPRMs to be pending. The status quo
regarding motions and continuances before EOIR will continue unaffected
by these rulemakings for the time being. Should the Department decide
at a future date to initiate the same or similar rulemakings, the
Department will issue new NPRM(s) under new RIN(s).
Dated: December 19, 2024.
Merrick B. Garland,
Attorney General.
[FR Doc. 2024-30754 Filed 12-30-24; 8:45 am]
BILLING CODE 4410-30-P
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