Executive Office for Immigration Review; Rules of Procedure Before Immigration Judges

概要

The rules of administrative procedure that are followed in all matters before the Immigration Judges were published in interim form on April 6, 1992 at 57 FR 11568-11575. Following a period of public comment, the rules of procedure were amended to reflect many of the suggestions and comments that were received. Changes adopted in the final rule clarify that an exception exists to the standards for summary dismissal of an appeal when a ``good faith'' argument is made for modification, extension or reversal of the law. The specific language that was required for certification of translation of a foreign language document has been deleted from the final rule as too restrictive. To comply with statutory requirements for notice of hearings to aliens in deportation proceedings, the final rule amends the definition of ``service'' of a document. The final rule also clarifies the authority of an Immigration Judge to waive the appearance of minors and represented aliens at hearing, and further distinguishes the requirements for proceeding in absentia in deportation proceedings from those in exclusion hearings. In addition to implementing the changes outlined above, the final rule establishes