9956 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 

I may revoke this exercise of authority 

as a matter of discretion and without 

notice at any time with respect to any 

and all persons subject to it. Any 

determination made under this exercise 

of authority as set out above shall apply 

to any subsequent benefit or protection 

application, unless such exercise of 

authority has been revoked. 

This exercise of authority shall not be 

construed to prejudice, in any way, the 

ability of the U.S. Government to 

commence subsequent criminal or civil 

proceedings in accordance with U.S. 

law involving any beneficiary of this 

exercise of authority (or any other 

person). This exercise of authority is not 

intended to create any substantive or 

procedural right or benefit that is legally 

enforceable by any party against the 

United States or its agencies or officers 

or any other person. 

In accordance with Sec. 

212(d)(3)(B)(ii) of the Act, a report on 

the aliens to whom this exercise of 

authority is applied, on the basis of 

case-by-case decisions by the U.S. 

Department of Homeland Security, shall 

be provided to the specified 

congressional committees not later than 

90 days after the end of the fiscal year. 

This determination is based on an 

assessment related to the national 

security and foreign policy interests of 

the United States as they apply to the 

particular persons described herein and 

shall not have any application with 

respect to other persons or to other 

provisions of U.S. law. 

Dated: February 20, 2007. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. E7–3909 Filed 3–5–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Exercise of Authority Under Sec. 

212(d)(3)(B)(i) of the Immigration and 

Nationality Act 

AGENCY: Office of the Secretary, DHS. 

ACTION: Notice of determination. 

DATES: This determination is effective 

February 20, 2007. 

Authority: 8 U.S.C. 1182(d)(3)(B)(i). 

Following consultations with the 

Secretary of State and the Attorney 

General, I hereby conclude, as a matter 

of discretion in accordance with the 

authority granted to me by Sec. 

212(d)(3)(B)(i) of the Immigration and 

Nationality Act (‘‘the Act’’), considering 

the national security and foreign policy 

interests deemed relevant in these 

consultations, that subsection 

212(a)(3)(B)(iv)(VI) of the Act shall not 

apply with respect to material support 

provided to the Mustangs by an alien 

who satisfies the agency that he: 

(a) Is seeking a benefit or protection 

under the Act and has been determined 

to be otherwise eligible for the benefit 

or protection; 

(b) Has undergone and passed 

relevant background and security 

checks; 

(c) Has fully disclosed, in all relevant 

applications and interviews with U.S. 

Government representatives and agents, 

the nature and circumstances of each 

provision of such material support; and 

(d) Poses no danger to the safety and 

security of the United States. 

Implementation of this determination 

will be made by U.S. Citizenship and 

Immigration Services (USCIS), in 

consultation with U.S. Immigration and 

Customs Enforcement (ICE). USCIS has 

discretion to determine whether the 

criteria are met. 

I may revoke this exercise of authority 

as a matter of discretion and without 

notice at any time with respect to any 

and all persons subject to it. Any 

determination made under this exercise 

of authority as set out above shall apply 

to any subsequent benefit or protection 

application, unless such exercise of 

authority has been revoked. 

This exercise of authority shall not be 

construed to prejudice, in any way, the 

ability of the U.S. Government to 

commence subsequent criminal or civil 

proceedings in accordance with U.S. 

law involving any beneficiary of this 

exercise of authority (or any other 

person). This exercise of authority is not 

intended to create any substantive or 

procedural right or benefit that is legally 

enforceable by any party against the 

United States or its agencies or officers 

or any other person. 

In accordance with Sec. 

212(d)(3)(B)(ii) of the Act, a report on 

the aliens to whom this exercise of 

authority is applied, on the basis of 

case-by-case decisions by the U.S. 

Department of Homeland Security, shall 

be provided to the specified 

congressional committees not later than 

90 days after the end of the fiscal year. 

This determination is based on an 

assessment related to the national 

security and foreign policy interests of 

the United States as they apply to the 

particular persons described herein and 

shall not have any application with 

respect to other persons or to other 

provisions of U.S. law. 

Dated: February 20, 2007. 

Michael Chertoff, 

Secretary of Homeland Security. 

[FR Doc. E7–3910 Filed 3–5–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Exercise of Authority Under Sec. 

212(d)(3)(B)(i) of the Immigration and 

Nationality Act 

AGENCY: Office of the Secretary, DHS. 

ACTION: Notice of determination. 

DATES: This determination is effective 

February 20, 2007. 

Authority: 8 U.S.C. 1182(d)(3)(B)(i). 

Following consultations with the 

Secretary of State and the Attorney 

General, I hereby conclude, as a matter 

of discretion in accordance with the 

authority granted to me by Sec. 

212(d)(3)(B)(i) of the Immigration and 

Nationality Act (‘‘the Act’’), considering 

the national security and foreign policy 

interests deemed relevant in these 

consultations, that subsection 

212(a)(3)(B)(iv)(VI) of the Act shall not 

apply with respect to material support 

provided to the Arakan Liberation Party 

(ALP) by an alien who satisfies the 

agency that he: 

(a) Is seeking a benefit or protection 

under the Act and has been determined 

to be otherwise eligible for the benefit 

or protection; 

(b) Has undergone and passed 

relevant background and security 

checks; 

(c) Has fully disclosed, in all relevant 

applications and interviews with U.S. 

Government representatives and agents, 

the nature and circumstances of each 

provision of such material support; and 

(d) Poses no danger to the safety and 

security of the United States. 

Implementation of this determination 

will be made by U.S. Citizenship and 

Immigration Services (USCIS), in 

consultation with U.S. Immigration and 

Customs Enforcement (ICE). USCIS has 

discretion to determine whether the 

criteria are met. 

I may revoke this exercise of authority 

as a matter of discretion and without 

notice at any time with respect to any 

and all persons subject to it. Any 

determination made under this exercise 

of authority as set out above shall apply 

to any subsequent benefit or protection 

application, unless such exercise of 

authority has been revoked. 

This exercise of authority shall not be 

construed to prejudice, in any way, the 


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