[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37327-37328]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 95-17653]



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DEPARTMENT OF JUSTICE

8 CFR Parts 103, 244, and 299

[EOIR No. 107F; AG Order No. 1978-95]
RIN 1125-AA10


Executive Office for Immigration Review; Application for 
Suspension of Deportation, Form EOIR-40

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations to reflect the change 
in responsibility for the Form I-256A, Application for Suspension of 
Deportation, from the Immigration and Naturalization Service (Service) 
to the Executive Office for Immigration Review (EOIR). As a result of 
this change in responsibility, the form number for the Application for 
Suspension of Deportation has been changed from I-256A to EOIR-40. This 
final rule is necessary to ensure that the public uses the correct form 
when applying for suspension of deportation.

EFFECTIVE DATE: This final rule is effective July 20, 1995.

FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin, General Counsel, Executive Office for Immigration 
Review, Suite 2400, 5107 Leesburg Pike, Falls Church, Virginia 22041, 
telephone: (703) 305-0470.

SUPPLEMENTARY INFORMATION: In recognition that an application for 

[[Page 37328]]
suspension of deportation may currently be submitted solely during 
proceedings before the Immigration Court, the Service and EOIR agreed 
to transfer responsibility for handling this application form from the 
Service to EOIR. On May 13, 1994, the Office of Management and Budget 
approved a new Form EOIR-40, Application for Suspension of Deportation, 
to replace the previous Form I-256A, Application for Suspension of 
Deportation. This final rule amends the regulations to reflect the 
correct form number for the Application for Suspension of Deportation. 
This regulation is necessary to ensure that the public uses the correct 
form when applying for suspension of deportation.
    Compliance with 5 U.S.C. 553 as to notice of proposed rule making 
and delayed effective date is not necessary because this rule relates 
to rules of agency procedure and practice.
    In accordance with 5 U.S.C. 605(b), the Attorney General certifies 
that this rule does not have a significant adverse economic impact on a 
substantial number of small entities. The Attorney General has 
determined that this rule is not a significant regulatory action under 
Executive Order No. 12866, and accordingly this rule has not been 
reviewed by the Office of Management and Budget. This rule has no 
Federalism implications warranting the preparation of a Federalism 
Assessment in accordance with Executive Order No. 12612. The rule meets 
the applicable standards provided in sections 2(a) and 2(b)(2) of 
Executive Order No. 12778.

List of Subjects

8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Privacy, Reporting and 
recordkeeping requirements, Surety bonds.

8 CFR Part 244

    Aliens, Reporting and recordkeeping requirements.

8 CFR Part 299

    Immigration, Reporting and recordkeeping requirements.

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF 
SERVICE RECORDS

    1. The authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201, 1252 
note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 
15557, 3 CFR, 1982 Comp., p 166; 8 CFR part 2.

    2. In 8 CFR 103.7, paragraph (b)(1) is amended by removing the 
entry for ``Form I-256A'' and adding the entry for ``Form EOIR-40'' to 
the listing of forms, in proper alphanumerical sequence, to read as 
follows:


Sec. 103.7  Fees.

* * * * *
    (b) * * *
    (1) * * *
    Form EOIR-40. For filing application for suspension of deportation 
under section 244 of the Act--$100.00. (A single fee of $100.00 will be 
charged whenever suspension of deportation applications are filed by 
two or more aliens in the same proceeding).
* * * * *

PART 244--SUSPENSION OF DEPORTATION AND VOLUNTARY DEPARTURE

    3. The authority citation for part 244 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1252; 8 CFR part 2.

    4. Section 244.1 is amended in the last sentence by revising the 
reference to ``Form I-256A''; to read ``Form EOIR-40''.

PART 299--IMMIGRATION FORMS

    5. The authority citation for part 299 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.

    6. Section 299.1 is amended by adding an entry for ``EOIR-40'' to 
the listing of forms, in proper alphanumerical sequence, to read as 
follows:


Sec. 299.1  Prescribed forms.

* * * * *

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                  Edition                                               
    Form No.        date                       Title                    
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                   *      *        *        *        *                  
EOIR-40.........    11-94  Application for Suspension of Deportation.   
                                                                        
                   *      *        *        *        *                  
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    Dated: July 11, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-17653 Filed 7-19-95; 8:45 am]
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