EOIR Reorganization Final Rule, effective Nov. 3, 2020

Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020

"On August 26, 2019, the Department of Justice (“Department”) published an interim final rule (“IFR”) amending the regulations related to the internal organization of the Executive Office for Immigration Review (“EOIR”). The amendments reflected changes related to the establishment of EOIR’s Office of Policy (“OP”) in 2017, made related clarifications or changes to the organizational role of EOIR’s Office of the General Counsel (“OGC”) and Office of Legal Access Programs (“OLAP”), updated the Department’s organizational regulations to align them with EOIR’s regulations, made nomenclature changes to the titles of the members of the Board of Immigration Appeals (“BIA” or “Board”), provided for a delegation of authority from the Attorney General to the EOIR Director (“Director”) related to the efficient disposition of appeals, and clarified the Director’s authority to adjudicate cases following changes to EOIR’s Recognition and Accreditation Program (“R&A Program”) in 2017. This final rule responds to comments received and adopts the provisions of the IFR with some additional amendments: restricting the authority of the Director regarding the further delegation of certain regulatory authorities, clarifying that the Director interprets relevant regulatory provisions when adjudicating recognition and accreditation (“R&A”) cases, and reiterating the independent judgment and discretion by which the Director will consider cases subject to his adjudication. DATES: This rule is effective on November 3, 2020."