[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29449-29453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13642]
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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.
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Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules
and Regulations
[[Page 29449]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 241 and 245
[INS No. 2113-01, AG Order No. 2429-2001]
RIN 1115-AG05
Executive Office for Immigration Review; Adjustment of Status for
Certain Nationals of Nicaragua, Cuba, and Haiti
AGENCY: Immigration and Naturalization Service, and Executive Office
for Immigration Review, Justice.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule implements the changes that the Legal Immigration
Family Equity Act (LIFE Act) and the LIFE Act Amendments made to
section 202 of the Nicaraguan Adjustment and Central American Relief
Act (NACARA) and section 902 of the Haitian Refugee Immigration
Fairness Act of 1998 (HRIFA). The LIFE Act and its Amendments provide
that eligible aliens who are nationals of Nicaragua, Cuba, or Haiti may
apply for adjustment of status to that of lawful permanent resident
under NACARA or HRIFA without being subject to certain barriers that
existed prior to the enactment of the LIFE Act and its amendments. This
rule amends the Department of Justice's (Department's) regulations by
incorporating the waivers, exceptions, and motion to reopen provisions
mandated by the LIFE Act and its amendments.
DATES: Effective date: This interim rule is effective May 31, 2001.
Comment date: Written comments must be submitted on or before July
30, 2001.
ADDRESSES: For matters relating to the Immigration and Naturalization
Service, please submit written comments to the Director, Policy
Directives and Instructions Branch, Immigration and Naturalization
Service, 425 I Street, NW, Room 4034, Washington, DC 20536, or via fax
to (202) 305-0143. To ensure proper handling please reference INS No.
2113-01 on your correspondence. Comments are available for public
inspection at the above address by calling (202) 514-3048 to arrange
for an appointment. For matters relating to the Executive Office for
Immigration Review (EOIR), submit written comments to Charles Adkins-
Blanch, General Counsel, Executive Office for Immigration Review, 5107
Leesburg Pike, Suite 2400, Falls Church, Virginia 22041.
FOR FURTHER INFORMATION CONTACT: For matters relating to the Service,
contact Kevin J. Cummings, Assistant Director, Residence and Status
Branch, Office of Adjudications, Immigration and Naturalization
Service, 425 I Street NW, Room 3214, Washington, DC 20536, telephone
(202) 514-4754.
For matters relating to EOIR, contact Charles Adkins-Blanch,
General Counsel, Executive Office for Immigration Review, 5107 Leesburg
Pike, Suite 2400, Falls Church, Virginia 22041, telephone (703) 305-
0470.
SUPPLEMENTARY INFORMATION:
What Is the Purpose of This Interim Regulation?
On December 21, 2000, President Clinton signed into law the Legal
Immigration Family Equity Act (LIFE Act), Title XI of H.R. 5548 enacted
by reference in Public Law 106-553, and the LIFE Act Amendments of
2000, Title XV of H.R. 5666 enacted by reference in Public Law 106-554.
Section 1505 of the LIFE Act Amendments makes technical corrections to
NACARA and HRIFA to provide that the reinstatement of removal orders
under section 241(a)(5) of the Immigration and Nationality Act (Act) no
longer applies to applicants for benefits under NACARA and HRIFA, and
that the grounds of inadmissibility under sections 212(a)(9)(A) and
212(a)(9)(C) of the Act may be waived for aliens applying for
adjustment under section 202 of NACARA and section 902 of HRIFA. The
purpose of this interim rule is to make existing Department regulations
conform to these new laws.
Why Were NACARA Section 202 and HRIFA Amended?
Applicants for adjustment of status under NACARA and HRIFA were
originally subject to the reinstatement provisions of section 241(a)(5)
of the Act. An alien subject to reinstatement of a removal order is not
eligible for any relief under the Act, including waivers of any ground
of inadmissibility necessary to establish eligibility for NACARA 202 or
HRIFA adjustment. In addition, were such applicants found to be
inadmissible under sections 212(a)(9)(A) or (C) of the Act, they would
have been required to seek consent to reapply from the Attorney General
in order to qualify for an exception to these grounds of
inadmissibility. Because a significant number of otherwise eligible
aliens were believed to be ineligible for adjustment of status under
NACARA or HRIFA because of these statutory restrictions, Congress
enacted the LIFE Act and its amendments to ameliorate this problem.
What Does This Interim Rule Change?
In accordance with the LIFE Act and the LIFE Act Amendments, the
Department is amending its regulation to reflect that the grounds of
inadmissibility under sections 212(a)(9)(A) and 212(a)(9)(C) of the Act
may now be waived for applicants for adjustment of status under NACARA
and HRIFA, and that section 241(a)(5) of the Act no longer applies to
such applicants.
Sections 212(a)(9)(A) and 212(a)(9)(C) of the Act are grounds of
inadmissibility relating to aliens previously removed and aliens who
are unlawfully present in the United States after previous immigration
violations, respectively. Section 212(a)(9)(A)(ii) of the Act provides
that an alien who has been previously deported or removed, or who has
departed the United States voluntarily while under an outstanding order
of deportation or removal, is inadmissible for at least 10 years;
section 212(a)(9)(A)(iii) of the Act provides that the Attorney General
may authorize exceptions. Section 212(a)(9)(C) of the Act provides that
an alien is inadmissible if he or she enters or attempts to enter
without being admitted (without inspection) on or after April 1, 1997,
following an order of deportation or removal, or if he or she enters or
attempts to enter without being
[[Page 29450]]
admitted (without inspection) following an aggregate unlawful presence
of more than 1 year on or after April 2, 1998. The Attorney General may
authorize exceptions under section 212(a)(9)(C)(ii) of the Act. An
alien who is inadmissible for the applicable period set forth in
sections 212(a)(9)(A) or (C) of the Act is ineligible for adjustment of
status unless he or she first obtains the Attorney General's consent to
reapply for admission under the exception provisions of section 212 of
the Act. The exception to inadmissibility under either section
212(a)(9)(A)(iii) or (C)(ii) of the Act may be obtained if the Attorney
General has given consent to the alien to reapply for admission during
the applicable period.
Section 241(a)(5) of the Act provides for the reinstatement of a
removal order against any alien who illegally re-enters the United
States after having been removed or after having departed voluntarily
under an order of removal. It also bars any alien whose removal order
has been reinstated from receiving any relief under the Act, including
any waivers of grounds of inadmissibility necessary for the grant of
adjustment of status.
This interim rule amends the Department's regulations at 8 CFR
245.13(a)(3) to clarify that section 241(a)(5) of the Act does not
apply to applicants for adjustment of status under NACARA and HRIFA.
Additionally, this interim rule amends 8 CFR 245.13 and 245.15 to
establish special procedures to enable such applicants to seek waivers
of sections 212(a)(9) (A) and (C) grounds of inadmissibility.
What Are the Section 212(a)(9)(A) and (C) Waiver Procedures?
The provisions of LIFE allow that an alien's inadmissibility under
section 212(a)(9)(A) and section 212(a)(9)(C) of the Act may now be
waived in NACARA 202 and HRIFA cases. While an otherwise inadmissible
NACARA 202 or HRIFA adjustment applicant no longer has to obtain the
consent of the Attorney General to reapply for admission, the LIFE Act
amendments provide that in granting a waiver of these grounds of
inadmissibility to NACARA 202 or HRIFA adjustment applicants, the
Attorney General shall use the ``standards'' utilized in granting
consent to reapply under sections 212(a)(9)(A)(iii) and (C)(ii) of the
Act. This interim regulation provides that NACARA 202 and HRIFA
applicants may apply for a waiver of any ground described in section
212(a)(9)(A) or (C) of the Act by filing a Form I-601, Application for
Waiver of Ground of Excludability, with the required fee, unless that
fee has been waived. NACARA 202 and HRIFA applicants may apply for a
waiver of these grounds of inadmissibility while present in the United
States and without regard to the normal requirement of filing a Form I-
212, Application for Permission to Reapply for Admission into the
United States After Deportation or Removal.
Can a NACARA or HRIFA Adjustment Applicant Whose Case Was
Previously Denied by the Service or Who Never Applied for This
Relief File a Motion To Reopen?
An alien who is now eligible for adjustment of status under NACARA
202 or HRIFA as a result of the LIFE Act Amendments and whose
application for adjustment of status under NACARA 202 or HRIFA has been
denied by the Service may file a Motion to Reopen his or her case
before the Service if:
(1) The Service has not issued a Notice to Appear (Form I-862), a
Notice of Referral to Immigration Judge (Form I-863), or a Notice of
Certification (Form I-290C) placing the alien in proceedings that are
currently pending before the immigration judge; and
(2) The alien pays the filing fee for a motion to reopen set forth
in 8 CFR 103.7(b)(1) or is granted a waiver of such fee in accordance
with 8 CFR 103.7(c).
Also, an alien who was in proceedings and who has been made
eligible for adjustment of status under the LIFE Act Amendments to
NACARA or HRIFA, but who did not apply for such adjustment by the
statutory deadline of March 31, 2000, or whose proceedings before EOIR
resulted in a final order following a denial by the Service or EOIR of
an application for adjustment of status under NACARA or HRIFA, may seek
to reopen his or her removal proceedings before the Immigration Court
or the Board of Immigration Appeals, as appropriate, for the sole
purpose of applying for NACARA 202 or HRIFA adjustment. The alien must
file such a motion to reopen on or before June 19, 2001.
What if an Alien Did Not Apply for Adjustment of Status and Was
Never Placed in Exclusion, Deportation, or Removal Proceedings by
the Service?
This rule does not apply to them. The legislation passed by
Congress only applies to those aliens who are subject to final orders
of deportation, exclusion, or removal and who applied for adjustment of
status under NACARA 202 or HRIFA by the statutory deadline of March 31,
2000. The motion to reopen provisions of this rule only apply to aliens
who would be subject to a reinstatement of a previous removal order
under section 241(a)(5) of the Act, and/or who are inadmissible under
section 212(a)(9)(A) or 212(a)(9)(C) of the Act. It should be noted
that aliens who are subject to 212(a)(9)(C)(i)(I) but who have not
previously applied for adjustment of status before March 31, 2000, are
ineligible for the motion to reopen provisions of this rule.
What Happens if an Alien Is Presently in Exclusion, Deportation, or
Removal Proceedings?
Persons who are presently in proceedings before the Immigration
Court or the Board and are pursuing a timely filed application for
adjustment of status under NACARA 202 or HRIFA will remain within the
jurisdiction of EOIR. Such pending applications shall be adjudicated by
the Immigration Court or the Board in accordance with the LIFE Act
Amendments to NACARA 202 or HRIFA, as appropriate.
Under What Circumstances May an Alien Whose Proceedings Before the
Immigration Court or the Board of Immigration Appeals Have Been
Reopened in Accordance With the LIFE Act Amendments to NACARA 202
and HRIFA Apply for Adjustment of Status Before the Service?
An alien who is granted a motion to reopen under the LIFE Act
Amendments to NACARA 202 or HRIFA by an Immigration Court or the Board
may move to have the proceedings administratively closed for the
purpose of filing with the Service an application for adjustment of
status under NACARA 202 or HRIFA as amended by the LIFE Act Amendments.
If the Service concurs in such a motion, the Immigration Court or the
Board, as appropriate, may administratively close the proceedings for
that purpose.
Good Cause Exception
The Department's implementation of this interim rule upon
publication in the Federal Register with a post-promulgation period of
public comments is based upon the ``good cause'' exception found at 5
U.S.C. 553(b)(B) and (d)(3). The reason and necessity for immediate
implementation is because the LIFE Act and its amendments became
effective immediately upon enactment on December 21, 2000. Because the
law became effective upon enactment, aliens who may otherwise be
ineligible for adjustment became eligible immediately. This regulation
eliminates existing bars to HRIFA and NACARA 202 benefits by
implementing statutorily
[[Page 29451]]
mandated waiver, exception, and motion to reopen provisions set forth
in section 1505 of the LIFE Act amendments, which was included in the
Consolidated Appropriations Act for 2001, Public Law 106-554.
Publication of this interim rule with an immediate effective date will
allow affected aliens to have their cases processed expeditiously.
As noted previously, an alien subject to a final order of
exclusion, deportation, or removal who has been made eligible for
adjustment of status under the LIFE Act Amendments to NACARA or HRIFA,
but who did not apply for such adjustment by the statutory deadline of
March 31, 2000, may seek to reopen his or her removal proceedings
before the Immigration Court or the Board of Immigration Appeals, as
appropriate, to apply for NACARA 202 or HRIFA adjustment. Such an alien
must file his or her motion to reopen on or before June 19, 2001.
Issuance of a proposed rule at this time would delay a final rule for
several weeks, thereby denying such aliens an opportunity to file a
motion to reopen before the statutory deadline. In light of all the
foregoing, the Department finds that it would be unnecessary and
contrary to the public interest to adopt this rule with the prior
notice and comment period normally required under 5 U.S.C. 553(b).
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),
the Attorney General has reviewed this rule and, by approving it,
certifies that this rule will not have a significant economic impact
upon a substantial number of small entities. This rule applies to
individual aliens who wish to apply for adjustment of status under
NACARA or HRIFA. It does not have an effect on small entities as that
term is defined in 5 U.S.C. 601(6).
Executive Order 12866: Regulatory Planning and Review
This rule is considered by the Department of Justice to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review. Accordingly, this regulation has
been submitted to the Office of Management and Budget for review.
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, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Act of 1996, 5 U.S.C. 804. This
rule will not result in an annual effect on the economy of $100 million
or more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
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.
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 1 year, and 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.
Paperwork Reduction Act
There are no new information collection requirements in this rule.
Forms I-212 and I-601 have previously been approved for use by the
Office of Management and Budget under the Paperwork Reduction Act. The
OMB control numbers for these collections are contained in 8 CFR 299.5,
Display of control numbers.
List of Subjects
8 CFR Part 241
Aliens.
8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
1. The authority citation for part 241 is revised to read as
follows:
Authority: 8 U.S.C. 1103, 1223, 1227, 1253, 1255, and 1330; 8
CFR part 2.
2. Section 241.8 is amended by:
a. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f),
respectively, and by
b. Adding a new paragraph (d), to read as follows:
Sec. 241.8 Reinstatement of removal orders.
* * * * *
(d) Exception for applicants for benefits under section 902 of
HRIFA or sections 202 or 203 of NACARA. If an alien who is otherwise
subject to this section has applied for adjustment of status under
either section 902 of Division A of Public Law 105-277, the Haitian
Refugee Immigrant Fairness Act of 1998 (HRIFA), or section 202 of Pubic
Law 105-100, the Nicaraguan Adjustment and Central American Relief Act
(NACARA), the provisions of section 241(a)(5) of the Immigration and
Nationality Act shall not apply. The immigration officer may not
reinstate the prior order in accordance with this section unless and
until a final decision to deny the application for adjustment has been
made. If the application for adjustment of status is granted, the prior
order shall be rendered moot.
* * * * *
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
3. The authority citation for part 245 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681-538; 8 CFR part 2.
4. Section 245.13 is amended by:
a. Adding the words ``as amended and without regard to section
241(a)(5) of the Act,'' immediately after ``Pub. L. 105-100,'' in the
introductory text in paragraph (a);
b. Designating existing text in paragraph (c) as paragraph (c)(1);
c. Adding a heading for paragraph (c)(1);
d. Adding a new paragraph (c)(2);
e. Revising the heading for paragraph (d);
f. Designating existing text in paragraph (d)(4) as paragraph
(d)(4)(i);
g. Adding a new paragraph (d)(4)(ii);
h. Revising paragraph (m);
i. Removing the word ``or'' at the end of paragraph (n)(3)(i);
[[Page 29452]]
j. Removing the period at the end of paragraph (n)(3)(ii) and
inserting ``; or'' in its place; and
h. Adding a new paragraph (n)(3)(iii).
The revisions and additions read as follows:
Sec. 245.13 Adjustment of status of certain nationals of Nicaragua and
Cuba under Public Law 105-100.
* * * * *
(c) * * *
(1) General. * * *
(2) Special rule for waiver of inadmissibility grounds for NACARA
applicants under section 212(a)(9)(A) and 212(a)(9)(C) of the Act. An
applicant for adjustment of status under section 202 of Public Law 105-
100 who is inadmissible under section 212(a)(9)(A) or 212(a)(9)(C) of
the Act, may apply for a waiver of these grounds of inadmissibility
while present in the United States. Such an alien must file a Form I-
601, Application for Waiver of Grounds of Excludability, with the
director of the Texas Service Center if the application for adjustment
is pending at that office, with the district director having
jurisdiction over the application if the application for adjustment is
pending at a district office, with the Immigration Judge having
jurisdiction if the application for adjustment is pending before the
Immigration Court, or with the Board of Immigration Appeals if the
appeal is pending before the Board.
* * * * *
(d) General. * * *
(4) * * *
(ii) An alien may file a motion to reopen with the Immigration
Court or the Board of Immigration Appeals, whichever had jurisdiction
last, if the alien is present in the United States and subject to a
final order of exclusion, deportation, or removal and has been denied
adjustment of status under section 202 of NACARA by an Immigration
Court or the Board or who never applied for adjustment of status on or
before March 31, 2000, with either the Service, the Immigration Court
or the Board, and who is now eligible for adjustment as a result of
section 1505(a)(1) of the Legal Immigration Family Equity Act of 2000
(LIFE) and the LIFE amendments, Public Law 106-553 and Public Law 106-
554, respectively. As provided by Sec. 1505(a)(2) of the LIFE Act and
its amendments, such a motion to reopen must be filed on or before June
19, 2001.
* * * * *
(m) Denial and review of decision.
(1) If the director denies the application for adjustment of status
under the provisions of section 202 of Public Law 105-100, the director
shall notify the applicant of the decision. The director shall also:
(i) In the case of an alien who is not maintaining valid
nonimmigrant status and who had not previously been placed in
exclusion, deportation or removal proceedings, initiate removal
proceedings in accordance with Sec. 239.1 of this chapter during which
the alien may renew his or her application for adjustment of status
under section 202 of Public Law 105-100; or
(ii) In the case of an alien whose previously initiated exclusion,
deportation, or removal proceedings had been administratively closed or
continued indefinitely under paragraph (d)(3) of this section, advise
the Immigration Court that had administratively closed the proceedings,
or the Board, as appropriate, of the denial of the application. Upon a
motion to recalendar filed by the Service, the Immigration Court or the
Board will then recalendar or reinstate the prior exclusion,
deportation or removal proceedings, during which the alien may renew
his or her application for adjustment under section 202 of Public Law
105-100; or
(iii) In the case of an alien who is the subject of an outstanding
final order of exclusion, deportation, or removal, refer the decision
to deny the application by filing a Form I-290C, Notice of
Certification, with the Immigration Court that issued the final order
for consideration in accordance with paragraph (n) of this section.
(2) Aliens who were denied adjustment of status by the director,
but who are now eligible for such adjustment of status pursuant to
section 1505(a)(1) of the LIFE Act and amendments, and have not been
referred to immigration proceedings as specified in paragraph (m)(1) of
this section may file a motion to reopen with the Service. If an alien
has been referred to the Immigration Court or has filed an appeal with
the Board after an Immigration Court has denied the application for
adjustment under NACARA section 202, and proceedings are pending, then
the application for adjustment of status will be adjudicated in
accordance with section 1505(a) of the LIFE Act and its amendments. An
alien present in the United States subject to a final order of removal
after his or her application was denied by an Immigration Court or the
Board, but who was made eligible for adjustment pursuant to section
1505(a) of the LIFE Act and its amendments may file a motion to reopen
with the Immigration Court or the Board, whichever had jurisdiction
last. Pursuant to section 1505(a)(2) of the LIFE Act and its
amendments, motions to reopen proceedings before the Immigration Court
or the Board must be filed on or before June 19, 2001.
(n) * * *
(3) * * *
(iii) Upon a motion to reopen filed not later than June 19, 2001,
by an alien present in the United States who became eligible for
adjustment of status under section 202 of Public Law 105-100, as
amended by section 1505, Public Law 106-554.
* * * * *
5. Section 245.15 is amended by:
a. Revising the sentence in the introductory text in paragraph (b);
b. Adding a new paragraph (e)(3);
c. Redesignating paragraphs (g)(3)(i) and (g)(3)(ii) as paragraphs
(g)(3)(iii) and (g)(3)(iv), respectively;
d. Redesignating the introductory text of paragraph (g)(3) as
paragraph (g)(3)(i);
e. Adding new paragraph (g)(3)(ii);
f. Designating existing text in paragraph (r)(1) as paragraph
(r)(1)(i);
g. Adding a new paragraph (r)(1)(ii);
h. Adding a new paragraph (r)(4);
i. Removing the word ``or'' at the end of paragraph (s)(4)(i);
j. Removing the period at the end of paragraph (s)(4)(ii), and
inserting a ``; or'' in its place; and by
k. Adding a new paragraph (s)(4)(iii).
The revisions and additions read as follows:
Sec. 245.15 Adjustment of status of certain Haitian nationals under
the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).
* * * * *
(b) * * * Section 902 of Division A of Public Law 105-277, the
Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA), provides
special rules for adjustment of status for certain nationals of Haiti,
and without regard to section 241(a)(5) of the Act, if they meet the
other requirements of HRIFA.
* * * * *
(e) * * *
(3) Special rule for waiver of inadmissibility grounds for HRIFA
applicants under section 212(a)(9)(A) and 212(a)(9)(C) of the Act. An
applicant for adjustment of status under HRIFA who is inadmissible
under section 212(a)(9)(A) or 212(a)(9)(C) of the Act, may apply for a
waiver of these grounds of inadmissibility while present in the United
States. Such an alien must file Form I-601, Application for Waiver of
Grounds of Excludability. If the application for adjustment is pending
at the Nebraska Service Center, Form I-601 must be filed with the
director of that office. If the application for
[[Page 29453]]
adjustment is pending at a district office, Form I-601 must be filed
with the district director having jurisdiction over the application. If
the application for adjustment is pending before the immigration court,
Form I-601 must be filed with the immigration judge having
jurisdiction, or with the Board of Immigration Appeals if the appeal is
pending before the Board.
* * * * *
(g) * * *
(3) * * *
(ii) An alien present in the United States who is subject to a
final order of exclusion, deportation, or removal and has been denied
adjustment of status under section 902 of HRIFA by the Immigration
Court or the Board, or who never applied for adjustment of status with
the Service, an Immigration Court, or the Board on or before March 31,
2000, and who was made eligible for HRIFA benefits under the Legal
Immigration Family Equity Act of 2000 (LIFE Act) and LIFE amendments,
Public Law 106-553 and Public Law 106-554, respectively, may file a
motion to reopen with either the Immigration Court or the Board,
whichever had jurisdiction last. As provided by the LIFE Act, motions
to reopen must be filed on or before June 19, 2001.
* * * * *
(r) * * *
(1) * * *
(ii) An alien made eligible for adjustment of status under HRIFA by
the LIFE Act amendments and whose case has not been referred to EOIR
under paragraphs (r)(2) or (r)(3) of this section, may file a motion to
reopen with the Service.
* * * * *
(4)(i) An alien whose case has been referred to the Immigration
Court under paragraphs (r)(2) or (r)(3) of this section, or who filed
an appeal with the Board after his or her application for adjustment of
status under section 902 of HRIFA was denied, and whose proceedings are
pending, and who is now eligible for adjustment of status under HRIFA
as amended by section 1505(b) of the LIFE Act and its amendments, may
renew the application for adjustment of status with either the
Immigration Court or the Board, whichever has jurisdiction. The
application will be adjudicated in accordance with section 1505(b) of
the LIFE Act and its amendments.
(ii) An alien present in the United States who is subject to a
final order of exclusion, deportation or removal after his or her HRIFA
adjustment application was denied by an Immigration Court or the Board,
but who was made eligible for HRIFA adjustment as a result of section
1505(b) of the LIFE Act and its amendments, may file a motion to reopen
with either the Immigration Court or the Board, whichever had
jurisdiction last. Such motion to reopen must be filed on or before
June 19, 2001.
(s) * * *
(4) * * *
(iii) Upon a motion to reopen filed not later than June 19, 2001,
by an alien present in the United States who became eligible for
adjustment of status under HRIFA, as amended by section 1505, of Public
Law 106-554.
* * * * *
Dated: May 24, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-13642 Filed 5-30-01; 8:45 am]
BILLING CODE 4410-10-P