`[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15362-15363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8105]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
Executive Office for Immigration Review

8 CFR Parts 3, 208 and 236

[INS 1788-96; AG Order No. 2071-97]
RIN 1115-AE47


Inspection and Expedited Removal of Aliens; Detention and Removal 
of Aliens; Conduct of Removal Proceedings; Asylum Procedures; 
Correction

AGENCY: Immigration and Naturalization Service and Executive Office for 
Immigration Review.

ACTION: Correction to interim regulation.

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SUMMARY: This document contains corrections to the interim regulation, 
published Thursday, March 6, 1997 (62 FR 10312), relating to inspection 
and expedited removal of aliens, detention and removal of aliens, 
conduct of removal proceedings, and asylum procedures.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin (703) 305-0470 (not a toll free call).

SUPPLEMENTARY INFORMATION:

Background

    The interim regulation that is the subject of these corrections 
amends the regulations of the Immigration and Naturalization Service 
(INS) and Executive Office for Immigration Review (EOIR) to implement 
the provisions of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA) governing expedited and regular 
removal proceedings, handling of asylum claims, and other activities 
involving the apprehension, determination, hearing of claims and 
ultimately the removal of inadmissible and deportable aliens. This rule 
also incorporates a number of changes which are part of the 
Administration's reinvention and regulation streamlining effort.

Need for Correction

    As published, the interim regulation contains errors which may 
prove to be misleading and are in need of clarification.

Correction of Publication

    Accordingly, the publication on March 6, 1997 of the interim 
regulation (INS No. 1788-96; AG ORDER No. 2071-97), which was the 
subject of FR Doc. 97-5250, is corrected as follows:


Sec. 3.1  [Corrected]

    1. On page 10330 in the third column, in Sec. 3.1(b)(7), line 4, 
the words ``and 8 CFR part 240, subpart E'' are deleted.


Sec. 3.23  [Corrected]

    2a. On page 10333, in the third column, in Sec. 3.23(b)(4)(ii), 
lines 1 and 2, the words ``in asylum proceedings or'' are deleted and 
in lines 4 through 6, the words ``in asylum proceedings pursuant to 
Sec. 208.2(b) of this chapter or'' are deleted.
    2b. On page 10334, in the first column, in Sec. 3.23(b)(4)(ii), 
lines 5 and 6, the words ``pursuant to Sec. 208.2(b) of this chapter 
or'' are deleted.


Sec. 3.26  [Corrected]

    3. On page 10334, in the third column, in Sec. 3.26(c), paragraph 
(2), the words ``or the alien's counsel of record'' are added before 
the period at the end of the paragraph.


Sec. 208.2  [Corrected]

    4. On page 10337, in the third column, in Sec. 208.2(b)(2)(i), line 
2, the words ``Except as provided in this section,'' are added before 
the word ``Proceedings'' and the capital ``P'' in ``Proceedings'' is 
changed to a lower case ``p.''

[[Page 15363]]

Sec. 235.4  [Corrected]

    5a. On page 10358, in the first column, in Sec. 235.4, line 1, the 
letter ``(a)'' is deleted.
    5b. On page 10358, in the first column, in Sec. 235.4, paragraph 
(b), the letter ``(b)'' is deleted and the text of that paragraph is 
moved to Sec. 240.1 as a new paragraph (d) with the following heading: 
``(d) Withdrawal of application for admission.''


Sec. 236.1  [Corrected]

    6a. On page 10360, in the third column, in Sec. 236.1 paragraph 
(c)(1) is redesignated as paragraph (c)(1)(i) and a new paragraph 
(c)(1)(ii) is added to read as follows:


Sec. 236.1  Apprehension, custody, and detention.

* * * * *
    (c)(1)(i) * * *
    (ii) While the Transition Period Custody Rules remain in effect, 
this paragraph and paragraph (d) of this section shall be subject to 
those Rules.
* * * * *
    6b. On page 10360, in the third column, in Sec. 236.1(c), paragraph 
(2), the following is added at the end of the paragraph: ``Such an 
officer may also, in the exercise of discretion, release an alien in 
deportation proceedings pursuant to the authority in section 242 of the 
Act (as designated prior to April 1, 1997), except as otherwise 
provided by law.
    6c. On page 10361, in the first column, in Sec. 236.1(d)(1), line 
13, after the phrase ``236 of the Act'' the following phrase is added: 
``(or section 242(a)(1) of the Act as designated prior to April 1, 1997 
in the case of an alien in deportation proceedings).''
Rosemary Hart,
Federal Register Liaison Officer.
[FR Doc. 97-8105 Filed 3-31-97; 8:45 am]
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