83 FR 8321 - Expanding the Size of the Board of Immigration Appeals

DEPARTMENT OF JUSTICE
Executive Office for Immigration Review

Federal Register Volume 83, Issue 39 (February 27, 2018)

Page Range		8321-8323
FR Document		2018-03980
This final rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Board of Immigration Appeals (Board) by adding four additional Board member positions, thereby expanding the Board to 21 members.
Federal Register, Volume 83 Issue 39 (Tuesday, February 27, 2018)
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8321-8323]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03980]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / 
Rules and Regulations

[[Page 8321]]



DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

8 CFR Part 1003

[Docket No. EOIR 183; A.G. Order No. 4119-2018]
RIN 1125-AA79


Expanding the Size of the Board of Immigration Appeals

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the Executive Office for Immigration 
Review (EOIR) regulations relating to the organization of the Board of 
Immigration Appeals (Board) by adding four additional Board member 
positions, thereby expanding the Board to 21 members.

DATES: This rule is effective February 27, 2018.

FOR FURTHER INFORMATION CONTACT: Lauren Alder Reid, Acting Chief of the 
Immigration Law Division, Office of Policy, Executive Office for 
Immigration Review, 5107 Leesburg Pike, Suite 1902, Falls Church, VA 
20530, telephone (703) 305-0289 (not a toll-free call).

SUPPLEMENTARY INFORMATION:

I. Current Interim Rule

    On June 3, 2015, the Department of Justice (Department) published 
an interim rule amending 8 CFR 1003.1 to increase the Board of 
Immigration Appeals (Board) from 15 to 17 members, with a request for 
comments. 80 FR 31461 (June 3, 2015). As explained in the interim rule, 
expanding the number of Board members is necessary to accomplish EOIR's 
commitment to promptly provide Board appellate review of timely filed 
immigration case appeals. The interim rule provided two primary reasons 
for increasing the number of Board members from 15 to 17. First, EOIR 
was managing the largest caseload the immigration court system had ever 
seen. Second, the Department was in the process of hiring a substantial 
number of additional immigration judges, which the Department expected 
would increase the number of appeals filed with the Board.
    The Department provided an opportunity for post-promulgation 
comment even though this was a rule of internal agency organization and 
therefore notice-and-comment rulemaking was not required. The 
Department received two comments by the deadline of August 3, 2015. For 
the reasons set forth below, the Department is finalizing the interim 
rule amending 8 CFR part 1003, and adding four additional Board members 
for a total of 21 Board members.

II. Background

    EOIR administers the Nation's immigration court system. Generally, 
cases commence before an immigration judge when the Department of 
Homeland Security (DHS) files with the immigration court a charging 
document against an alien. See 8 CFR 1003.14(a). EOIR primarily decides 
whether foreign nationals whom DHS charges with violating immigration 
law pursuant to the Immigration and Nationality Act are removable as 
charged and, if so, whether they should be ordered removed from the 
United States, or should be granted protection or relief from removal 
and be permitted to remain in the United States. EOIR's Office of the 
Chief Immigration Judge administers the adjudications of the 
immigration judges nationwide.
    Decisions of the immigration judges are subject to review by EOIR's 
appellate body, the Board, which is currently composed of 17 Board 
members. The Board is the highest administrative tribunal for 
interpreting and applying U.S. immigration law. The Board's decisions 
can be reviewed by the Attorney General, as provided in 8 CFR 1003.1(g) 
and (h). Decisions of the Board and the Attorney General are subject to 
judicial review in the United States Courts of Appeals.

III. Expansion of Number of Board Members

    EOIR's mission is to adjudicate immigration cases by fairly, 
expeditiously, and uniformly interpreting and administering the 
Nation's immigration laws. This task includes the initial adjudication 
of aliens' cases in immigration courts nationwide, as well as appellate 
review by the Board when appeals are timely filed. In order to more 
efficiently accomplish the agency's commitment to promptly decide an 
increasing volume of cases, as well as to review appeals in those 
cases, this rule serves to finalize the interim rule, with the addition 
of four additional Board members.\1\ This rule adopts a revision to the 
third sentence of 8 CFR 1003.1(a)(1). The remainder of paragraph (a)(1) 
is unchanged.
---------------------------------------------------------------------------

    \1\ The Department previously expanded the number of Board 
members--from 11 to 15 members--on December 7, 2006, when it 
published in the Federal Register an interim rule amending 8 CFR 
1003.1. 71 FR 70855 (Dec. 7, 2006). On June 16, 2008, the Department 
published a final rule adopting, without change, that interim rule. 
73 FR 33875 (June 16, 2008).
---------------------------------------------------------------------------

    Expanding the number of Board members was necessary when the 
interim rule was published in 2015 because EOIR was experiencing an 
increased caseload. Since the interim rule's publication, EOIR's 
caseload has continued to grow; EOIR is currently managing the largest 
caseload the immigration court system has ever seen. At the end of FY 
2016, there were 518,545 total cases pending before the immigration 
courts, marking an increase of 58,988 cases pending above those at the 
end of FY 2015. See 2016 EOIR Statistics Yearbook W1.\2\ As of January 
1, 2018, there were 667,292 total cases pending before the immigration 
courts. This total increase included an increase in the number of 
pending cases of detained aliens. EOIR's highest priority is the 
efficient and timely adjudication of detained alien cases, and EOIR 
requires additional resources to handle the increased caseload.
---------------------------------------------------------------------------

    \2\ EOIR's FY 2016 Statistics Yearbook, prepared by EOIR's 
Office of Planning, Analysis, and Statistics, is available at 
https://www.justice.gov/eoir/page/file/fysb16/download.
---------------------------------------------------------------------------

    The Department is taking steps to address the unprecedented pending 
caseload. The Department hired 64 additional immigration judges in FY 
2017 and continues to hire new immigration judges. The Department 
expects that, as these additional immigration judges enter on duty, the 
number of decisions rendered by the immigration judges nationwide will

[[Page 8322]]

increase, and the number of appeals filed with the Board will increase 
as a result. The Department is also taking a number of management steps 
to more efficiently address the pending caseload, which EOIR expects 
will result in an increase in immigration judge decisions and, in turn, 
an increase in the flow of appeals to the Board.\3\
---------------------------------------------------------------------------

    \3\ Statement of James McHenry, Acting Director, Executive 
Office for Immigration Review, United States Department of Justice, 
Before the Subcommittee on Immigration and Border Security, 
Committee on the Judiciary, United States House of Representatives, 
November 1, 2017.
---------------------------------------------------------------------------

    Since January 2017, the Board has experienced a steady increase in 
appeals. For example, the number of appeals increased throughout FY 
2017, from 2,618 in October 2016 to 3,035 in September 2017. This 
caseload is burdensome and, given current trends, may become 
overwhelming were the Board to maintain 17 members.
    The interim rule modified the number of Board members to 17, and 
requested post-promulgation comment on the proposal to increase the 
number of Board members in light of the increased caseload. Keeping in 
mind the goal of maintaining cohesion and the ability to reach 
consensus, but recognizing the challenges the Board faces in light of 
its current and anticipated increased caseload, the Department has 
determined that four additional members should be added to the Board. 
The Department acknowledges the potential impact of the expansion to 21 
members upon the Board's ability to provide coherent direction and to 
issue precedential decisions, which require approval of a majority of 
the Board, and will continue to consider means to improve the Board's 
operations over time. But the interim rule's logic--balancing 
efficiency with administrability--supports increasing the size of the 
Board in the final rule to 21. These changes will help support an 
efficient system of appellate adjudication in light of the increasing 
caseload.

IV. Public Comments

    The interim rule was exempt from the usual requirements of prior 
notice and comment and a 30-day delay in effective date because, as an 
internal delegation of authority, it is a rule of management or 
personnel and relates to a matter of agency organization, procedure, or 
practice. See 5 U.S.C. 553(a), (b), (d). Nonetheless, when promulgating 
the interim rule, the Department provided an opportunity for post-
promulgation comment. The Department received two comments by the 
deadline, only one of which was responsive to the rule. The commenter 
stated that ``[e]xpanding the Board of Immigration Appeals (BIA) to 17 
members from 15 members is . . . a necessary action as the pending 
times for appeals has substantially increased as the docket of EOIR has 
expanded.''
    In response, the Department appreciates this expression of support. 
EOIR has steadily hired new immigration judges, and continues to hire 
new immigration judges, to adjudicate EOIR's historically large 
caseload. As the number of immigration judges increases, so does the 
number of decisions rendered by immigration judges. In turn, the number 
of appeals filed with the Board also increases. Increasing the number 
of Board members will assist EOIR in accomplishing its mission of 
adjudicating appeals in a timely manner.

V. Regulatory Requirements

A. Administrative Procedure Act

    As this rule is the finalization of an interim final rule, further 
request for comment is not required. Alternately, comment is 
unnecessary because this final rule is a rule of management or 
personnel as well as a rule of agency organization, procedure, or 
practice. See 5 U.S.C. 553(a)(2), (b)(A). For the same reasons, this 
rule is not subject to a 30-day delay in effective date. See 5 U.S.C. 
553(a)(2), (d).

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), ``[w]henever an agency 
is required by section 553 of [the Administrative Procedure Act], or 
any other law, to publish general notice of proposed rulemaking for any 
proposed rule . . . the agency shall prepare and make available for 
public comment an initial regulatory flexibility analysis.'' 5 U.S.C. 
603(a); see 5 U.S.C. 604(a). Such analysis is not required when a rule 
is exempt from notice-and-comment rulemaking under 5 U.S.C. 553(b). 
Because this is a rule of internal agency organization and therefore is 
exempt from notice-and-comment rulemaking, no RFA analysis under 5 
U.S.C. 603 or 604 is required for this rule.

C. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

D. Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review), and 13771 (Reducing 
Regulation and Controlling Regulatory Costs)

    This rule is limited to agency organization, management, or 
personnel matters and is therefore not subject to review by the Office 
of Management and Budget pursuant to section 3(d)(3) of Executive Order 
12866, Regulatory Planning and Review. Nevertheless, the Department 
certifies that this regulation has been drafted in accordance with the 
principles of Executive Order 12866, section 1(b), and Executive Order 
13563. Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits, including consideration of potential economic, 
environmental, public health, and safety effects; distributive impacts; 
and equity. The benefits of this rule include providing the Department 
with an appropriate means of responding to the increased number of 
appeals to the Board. The public will benefit from the expansion of the 
number of Board members because such expansion will help EOIR better 
accomplish its mission of adjudicating cases in an efficient and timely 
manner. Overall, the benefits provided by the Board's expansion 
outweigh the costs of employing additional federal employees. Finally, 
because this rule is one of internal organization, management, or 
personnel, it is not subject to the requirements of Executive Order 
13771.

E. Executive Order 13132--Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with section 6 of 
Executive Order 13132, this rule does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 
statement.

F. Executive Order 12988--Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

[[Page 8323]]

G. Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995, Public Law 
104-13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR 
part 1320, do not apply to this final rule because there are no new or 
revised recordkeeping or reporting requirements.

H. Congressional Review Act

    This is not a major rule as defined by 5 U.S.C. 804(2). This action 
pertains to agency organization, management, and personnel and, 
accordingly, is not a ``rule'' as that term is used in 5 U.S.C. 804(3). 
Therefore, the reports to Congress and the Government Accountability 
Office specified by 5 U.S.C. 801 are not required.

List of Subjects in 8 CFR Part 1003

    Administrative practice and procedure, Aliens, Immigration, Legal 
services, Organization and functions (Government agencies).

    Accordingly, for the reasons stated in the preamble, the interim 
rule amending 8 CFR part 1003, which was published at 80 FR 31461 on 
June 3, 2015, is adopted as a final rule, with the following change:

PART 1003--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

0
1. The authority citation for part 1003 continues to read as follows:

    Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 
1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 
1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 
2 Reorg. Plan No. 2 of 1950; 3 CFR, 1949-1953 Comp., p. 1002; 
section 203 of Pub. L. 105-100, 111 Stat. 2196-200; sections 1506 
and 1510 of Pub. L. 106-386, 114 Stat. 1527-29, 1531-32; section 
1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328.

0
2. Amend Sec.  1003.1 by revising the third sentence of paragraph 
(a)(1) to read as follows:


Sec.  1003.1  Organization, jurisdiction, and powers of the Board of 
Immigration Appeals.

    (a)(1) * * * The Board shall consist of 21 members. * * *
* * * * *

    Dated: February 20, 2018.
Jefferson B. Sessions III,
Attorney General.
[FR Doc. 2018-03980 Filed 2-26-18; 8:45 am]
BILLING CODE 4410-30-P
8321

Rules and Regulations Federal Register
Vol. 83, No. 39

Tuesday, February 27, 2018

This section of the FEDERAL REGISTER number of Board members from 15 to expeditiously, and uniformly
contains regulatory documents having general 17. First, EOIR was managing the largest interpreting and administering the
applicability and legal effect, most of which caseload the immigration court system Nation’s immigration laws. This task
are keyed to and codified in the Code of had ever seen. Second, the Department includes the initial adjudication of
Federal Regulations, which is published under was in the process of hiring a aliens’ cases in immigration courts
50 titles pursuant to 44 U.S.C. 1510.
substantial number of additional nationwide, as well as appellate review
The Code of Federal Regulations is sold by immigration judges, which the by the Board when appeals are timely
the Superintendent of Documents. Department expected would increase filed. In order to more efficiently
the number of appeals filed with the accomplish the agency’s commitment to
Board. promptly decide an increasing volume
DEPARTMENT OF JUSTICE The Department provided an of cases, as well as to review appeals in
opportunity for post-promulgation those cases, this rule serves to finalize
Executive Office for Immigration comment even though this was a rule of the interim rule, with the addition of
Review internal agency organization and four additional Board members.1 This
therefore notice-and-comment rule adopts a revision to the third
8 CFR Part 1003 rulemaking was not required. The sentence of 8 CFR 1003.1(a)(1). The
[Docket No. EOIR 183; A.G. Order No. 4119– Department received two comments by remainder of paragraph (a)(1) is
2018] the deadline of August 3, 2015. For the unchanged.
reasons set forth below, the Department Expanding the number of Board
RIN 1125–AA79 is finalizing the interim rule amending members was necessary when the
8 CFR part 1003, and adding four interim rule was published in 2015
Expanding the Size of the Board of
additional Board members for a total of because EOIR was experiencing an
Immigration Appeals
21 Board members. increased caseload. Since the interim
AGENCY: Executive Office for rule’s publication, EOIR’s caseload has
II. Background
Immigration Review, Department of continued to grow; EOIR is currently
Justice. EOIR administers the Nation’s managing the largest caseload the
ACTION: Final rule. immigration court system. Generally, immigration court system has ever seen.
cases commence before an immigration At the end of FY 2016, there were
SUMMARY: This final rule amends the judge when the Department of 518,545 total cases pending before the
Executive Office for Immigration Homeland Security (DHS) files with the immigration courts, marking an increase
Review (EOIR) regulations relating to immigration court a charging document of 58,988 cases pending above those at
the organization of the Board of against an alien. See 8 CFR 1003.14(a). the end of FY 2015. See 2016 EOIR
Immigration Appeals (Board) by adding EOIR primarily decides whether foreign Statistics Yearbook W1.2 As of January
four additional Board member positions, nationals whom DHS charges with 1, 2018, there were 667,292 total cases
thereby expanding the Board to 21 violating immigration law pursuant to pending before the immigration courts.
members. the Immigration and Nationality Act are This total increase included an increase
removable as charged and, if so, in the number of pending cases of
DATES: This rule is effective February
whether they should be ordered detained aliens. EOIR’s highest priority
27, 2018.
removed from the United States, or is the efficient and timely adjudication
FOR FURTHER INFORMATION CONTACT: should be granted protection or relief of detained alien cases, and EOIR
Lauren Alder Reid, Acting Chief of the from removal and be permitted to requires additional resources to handle
Immigration Law Division, Office of remain in the United States. EOIR’s the increased caseload.
Policy, Executive Office for Immigration Office of the Chief Immigration Judge The Department is taking steps to
Review, 5107 Leesburg Pike, Suite 1902, administers the adjudications of the address the unprecedented pending
Falls Church, VA 20530, telephone immigration judges nationwide. caseload. The Department hired 64
(703) 305–0289 (not a toll-free call). Decisions of the immigration judges additional immigration judges in FY
SUPPLEMENTARY INFORMATION: are subject to review by EOIR’s 2017 and continues to hire new
I. Current Interim Rule appellate body, the Board, which is immigration judges. The Department
currently composed of 17 Board expects that, as these additional
On June 3, 2015, the Department of members. The Board is the highest immigration judges enter on duty, the
Justice (Department) published an administrative tribunal for interpreting number of decisions rendered by the
interim rule amending 8 CFR 1003.1 to and applying U.S. immigration law. The immigration judges nationwide will
increase the Board of Immigration Board’s decisions can be reviewed by
Appeals (Board) from 15 to 17 members, the Attorney General, as provided in 8 1 The Department previously expanded the
with a request for comments. 80 FR CFR 1003.1(g) and (h). Decisions of the number of Board members—from 11 to 15
31461 (June 3, 2015). As explained in Board and the Attorney General are members—on December 7, 2006, when it published
in the Federal Register an interim rule amending
the interim rule, expanding the number
daltland on DSKBBV9HB2PROD with RULES

subject to judicial review in the United 8 CFR 1003.1. 71 FR 70855 (Dec. 7, 2006). On June
of Board members is necessary to States Courts of Appeals. 16, 2008, the Department published a final rule
accomplish EOIR’s commitment to adopting, without change, that interim rule. 73 FR
promptly provide Board appellate III. Expansion of Number of Board 33875 (June 16, 2008).
review of timely filed immigration case Members 2 EOIR’s FY 2016 Statistics Yearbook, prepared by

EOIR’s Office of Planning, Analysis, and Statistics,
appeals. The interim rule provided two EOIR’s mission is to adjudicate is available at https://www.justice.gov/eoir/page/
primary reasons for increasing the immigration cases by fairly, file/fysb16/download.

VerDate Sep<11>2014 18:04 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1
8322 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Rules and Regulations

increase, and the number of appeals commenter stated that ‘‘[e]xpanding the of the Unfunded Mandates Reform Act
filed with the Board will increase as a Board of Immigration Appeals (BIA) to of 1995.
result. The Department is also taking a 17 members from 15 members is . . . a
number of management steps to more necessary action as the pending times D. Executive Orders 12866 (Regulatory
efficiently address the pending for appeals has substantially increased Planning and Review), 13563
caseload, which EOIR expects will as the docket of EOIR has expanded.’’ (Improving Regulation and Regulatory
result in an increase in immigration Review), and 13771 (Reducing
In response, the Department
judge decisions and, in turn, an increase Regulation and Controlling Regulatory
appreciates this expression of support.
in the flow of appeals to the Board.3 Costs)
EOIR has steadily hired new
Since January 2017, the Board has immigration judges, and continues to
experienced a steady increase in This rule is limited to agency
hire new immigration judges, to organization, management, or personnel
appeals. For example, the number of adjudicate EOIR’s historically large
appeals increased throughout FY 2017, matters and is therefore not subject to
caseload. As the number of immigration review by the Office of Management and
from 2,618 in October 2016 to 3,035 in judges increases, so does the number of
September 2017. This caseload is Budget pursuant to section 3(d)(3) of
decisions rendered by immigration Executive Order 12866, Regulatory
burdensome and, given current trends,
judges. In turn, the number of appeals Planning and Review. Nevertheless, the
may become overwhelming were the
filed with the Board also increases. Department certifies that this regulation
Board to maintain 17 members.
The interim rule modified the number Increasing the number of Board
has been drafted in accordance with the
of Board members to 17, and requested members will assist EOIR in
principles of Executive Order 12866,
post-promulgation comment on the accomplishing its mission of
section 1(b), and Executive Order 13563.
proposal to increase the number of adjudicating appeals in a timely
Executive Orders 12866 and 13563
Board members in light of the increased manner.
direct agencies to assess all costs and
caseload. Keeping in mind the goal of V. Regulatory Requirements benefits of available regulatory
maintaining cohesion and the ability to alternatives and, if regulation is
reach consensus, but recognizing the A. Administrative Procedure Act
necessary, to select regulatory
challenges the Board faces in light of its As this rule is the finalization of an approaches that maximize net benefits,
current and anticipated increased interim final rule, further request for including consideration of potential
caseload, the Department has comment is not required. Alternately, economic, environmental, public health,
determined that four additional comment is unnecessary because this and safety effects; distributive impacts;
members should be added to the Board. final rule is a rule of management or and equity. The benefits of this rule
The Department acknowledges the personnel as well as a rule of agency include providing the Department with
potential impact of the expansion to 21 organization, procedure, or practice. See an appropriate means of responding to
members upon the Board’s ability to 5 U.S.C. 553(a)(2), (b)(A). For the same the increased number of appeals to the
provide coherent direction and to issue reasons, this rule is not subject to a 30-
precedential decisions, which require Board. The public will benefit from the
day delay in effective date. See 5 U.S.C. expansion of the number of Board
approval of a majority of the Board, and 553(a)(2), (d).
will continue to consider means to members because such expansion will
improve the Board’s operations over B. Regulatory Flexibility Act help EOIR better accomplish its mission
time. But the interim rule’s logic— of adjudicating cases in an efficient and
balancing efficiency with Under the Regulatory Flexibility Act timely manner. Overall, the benefits
administrability—supports increasing (RFA), ‘‘[w]henever an agency is provided by the Board’s expansion
the size of the Board in the final rule to required by section 553 of [the outweigh the costs of employing
21. These changes will help support an Administrative Procedure Act], or any additional federal employees. Finally,
efficient system of appellate other law, to publish general notice of because this rule is one of internal
adjudication in light of the increasing proposed rulemaking for any proposed organization, management, or
caseload. rule . . . the agency shall prepare and personnel, it is not subject to the
make available for public comment an requirements of Executive Order 13771.
IV. Public Comments initial regulatory flexibility analysis.’’ 5
The interim rule was exempt from the U.S.C. 603(a); see 5 U.S.C. 604(a). Such E. Executive Order 13132—Federalism
usual requirements of prior notice and analysis is not required when a rule is
exempt from notice-and-comment This rule will not have substantial
comment and a 30-day delay in effective direct effects on the States, on the
date because, as an internal delegation rulemaking under 5 U.S.C. 553(b).
Because this is a rule of internal agency relationship between the National
of authority, it is a rule of management Government and the States, or on the
or personnel and relates to a matter of organization and therefore is exempt
from notice-and-comment rulemaking, distribution of power and
agency organization, procedure, or responsibilities among the various
practice. See 5 U.S.C. 553(a), (b), (d). no RFA analysis under 5 U.S.C. 603 or
604 is required for this rule. levels of government. Therefore, in
Nonetheless, when promulgating the
accordance with section 6 of Executive
interim rule, the Department provided C. Unfunded Mandates Reform Act of Order 13132, this rule does not have
an opportunity for post-promulgation 1995 sufficient federalism implications to
comment. The Department received two
This rule will not result in the warrant the preparation of a federalism
comments by the deadline, only one of
expenditure by State, local, and tribal summary impact statement.
daltland on DSKBBV9HB2PROD with RULES

which was responsive to the rule. The
governments, in the aggregate, or by the F. Executive Order 12988—Civil Justice
3 Statement of James McHenry, Acting Director, private sector, of $100 million or more Reform
Executive Office for Immigration Review, United in any one year, and it will not
States Department of Justice, Before the This rule meets the applicable
Subcommittee on Immigration and Border Security,
significantly or uniquely affect small
Committee on the Judiciary, United States House of governments. Therefore, no actions were standards set forth in sections 3(a) and
Representatives, November 1, 2017. deemed necessary under the provisions 3(b)(2) of Executive Order 12988.

VerDate Sep<11>2014 18:04 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1
Document Created: 2018-02-27 01:14:41
Document Modified: 2018-02-27 01:14:41
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective February 27, 2018.
Contact		Lauren Alder Reid, Acting Chief of the Immigration Law Division, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1902, Falls Church, VA 20530, telephone (703) 305-0289 (not a toll-free call).
FR Citation		83 FR 8321
RIN Number		1125-AA79
CFR Associated		Administrative Practice and Procedure; Aliens; Immigration; Legal Services and Organization and Functions (government Agencies)
83 FR 8321 - Expanding the Size of the Board of Immigration Appeals

DEPARTMENT OF JUSTICEExecutive Office for Immigration Review

Federal Register Volume 83, Issue 39 (February 27, 2018)

DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
