C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1240—PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES › Subpart A—Removal Proceedings

8 C.F.R. § 1240.16

Application of new procedures or termination of proceedings in old proceedings pursuant to section 309(c) of Public Law 104-208

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The Attorney General shall have the sole discretion to apply the provisions of section 309(c) of Public Law 104-208, which provides for the application of new removal procedures to certain cases in exclusion or deportation proceedings and for the termination of certain cases in exclusion or deportation proceedings and initiation of new removal proceedings. The Attorney General's application of the provisions of section 309(c) shall become effective upon publication of a notice in the Federal Register. However, if the Attorney General determines, in the exercise of his or her discretion, that the delay caused by publication would adversely affect the interests of the United States or the effective enforcement of the immigration laws, the Attorney General's application shall become effective immediately upon issuance, and shall be published in the Federal Register as soon as practicable thereafter.

Notes of Decisions
Cited in 4 cases, 2004–2008 · leading case: Castro-Pu v. Mukasey, 540 F.3d 864 (8th Cir. 2008).
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Castro-Pu v. Mukasey, 540 F.3d 864 (8th Cir. 2008). “§ 1252 (g) and 8 C.F.R. § 1240.16 . Here, the Department of Homeland Security (which has assumed the prosecutorial functions of the former Immigration and Naturalization Service) declined to exercise its repapering discretion, and the BIA concluded it had no authority to compel…”
Pedro Mateo v. John Ashcroft, 102 F. App'x 519 (8th Cir. 2004). “or claim arising from Attorney General’s decision or action *521 to commence proceedings, adjudicate cases, or execute removal orders); 8 C.F.R. § 1240.16 (2004) (Attorney General has sole discretion to apply repapering provisions); 1 Rojas-Reyes v.”
Roberto Castro-Pu v. Michael Mukasey (8th Cir. 2008). “§ 1252 (g) and 8 C.F.R. § 1240.16 . Here, the Department of Homeland Security (which has assumed the prosecutorial functions of the former Immigration and Naturalization Service) declined to exercise its repapering discretion, and the BIA concluded it had no authority to compel…”
Ochoa-Cancino v. Keisler, 243 F. App'x 351 (9th Cir. 2007). “See 8 C.F.R. § 1240.16 (2006) (the Attorney General has sole discretion over the termination of deportation proceedings for *352 purposes of re-papering); see also Matter of Gutierrez-Lopez, 21 I.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.