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Justice Department Doc #2024-30754

Withdrawal of Notices of Proposed Rulemaking

Full Text
Published
December 31, 2024
Summary

The Executive Office for Immigration Review ("EOIR") is withdrawing two of its Notices of Proposed Rulemaking ("NPRMs"): (1) Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal, and (2) Good Cause for a Continuance in Immigration Proceedings, both published on November 27, 2020, and is providing this notice of withdrawal. EOIR is withdrawing these NPRMs because of ongoing assessments of agency needs, priorities, and objectives. EOIR will not take any further action on these NPRMs.

Constitutional Analysis
Fifth Amendment – Due Process restricts 80% confidence

The withdrawal of NPRMs may limit procedural options for individuals seeking to reopen or reconsider their immigration cases.

Case Law: Mathews v. Eldridge (1976)
Sixth Amendment – Right to Counsel restricts 80% confidence

The withdrawal of NPRMs may impact the ability of individuals to secure continuances in immigration proceedings, affecting their right to legal representation.

Case Law: Strickland v. Washington (1984)
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