[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Pages 28598-28599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14031]



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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1776-96]


Discontinuation of the Nicaraguan Review Process

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Notice.

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SUMMARY: This notice announces the extension until June 12, 1997, of 
the transitional work authorization criteria to be applied to 
applications filed by Nicaraguans affected by the termination of the 
Nicaraguan Review Program (NRP) on June 13, 1995. The extension of 
these criteria is designed to afford Nicaraguans affected by the 
termination of the NRP, who have yet to file a motion to reopen their 
deportation proceedings to apply for suspension of deportation as well 
as those who will not have met the seven-years physical presence 
requirement for suspension of deportation by June 12, 1996, the 
opportunity to benefit from these transitional criteria.

EFFECTIVE DATE: June 5, 1996.

FOR FURTHER INFORMATION CONTACT:
Robert A. Jacobson, Director, Policy Development and Special Programs 
Branch, Detention and Deportation Division, Immigration and 
Naturalization Service, 425 I Street, NW., Room 3008, Washington, DC 
20536, telephone (202) 514-2871.

SUPPLEMENTARY INFORMATION:

Background

    In a Federal Register Notice dated June 13, 1995, 60 FR 31168, the 
INS announced the termination of the Nicaraguan Review Program. The INS 
advised that Nicaraguans affected by the termination of the NRP, i.e. 
certain Nicaraguans who are subject to orders of

[[Page 28599]]

deportation that became final before June 13, 1995, may be eligible to 
apply for suspension of deportation pursuant to section 244 of the 
Immigration and Nationality Act, 8 U.S.C. 1254, if they: (1) Have been 
present in the United States for at least 7 years; (2) are persons of 
good moral character; (3) are persons whose deportation would impose an 
extreme hardship to themselves or to their spouse, parent, or child who 
is either a United States citizen or a lawful, permanent resident. The 
INS further advised that to apply for such relief, aliens with final 
orders must file a motion to reopen with the Immigration Court pursuant 
to 8 CFR 3.23 and 242.22 or the Board of Immigration Appeals (BIA) 
pursuant to 8 CFR 3.2 and 3.8.
    The INS also announced certain transitional criteria for the 
processing of work authorization requests filed by Nicaraguans affected 
by the termination of the NRP and whose employment authorization no 
longer would be extended automatically. Specifically, the INS provided 
that it would treat the filing of a motion to reopen deportation 
proceedings accompanied by an application for suspension of deportation 
as a sufficient basis upon which such a person may apply for work 
authorization. In such cases, work authorization may be granted upon a 
finding that the alien has met the physical presence requirement for 
suspension of deportation.
    In an effort to moderate any lingering disruptive effects that the 
termination of the NRP may cause, the transitional criteria for 
suspension-based work authorization applications filed by Nicaraguans 
subject to orders of deportation that became final before June 13, 
1995, will be extended for one year, through June 12, 1997. This 
extension will afford Nicaraguans affected by the termination of the 
NRP who have yet to file a motion to reopen their deportation 
proceedings to apply for suspension of deportation as well as those who 
will not have met the seven-years physical presence requirement for 
suspension of deportation by June 12, 1996, the opportunity to benefit 
from these transitional criteria.

    Dated: May 24, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-14031 Filed 6-4-96; 8:45 am]
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