6 U.S.C. § 291

Abolishment of INS

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(a) In general

Upon completion of all transfers from the Immigration and Naturalization Service as provided for by this chapter, the Immigration and Naturalization Service of the Department of Justice is abolished.

(b) Prohibition

The authority provided by section 542 of this title may be used to reorganize functions or organizational units within the Bureau of Border Security or the Bureau of Citizenship and Immigration Services, but may not be used to recombine the two bureaus into a single agency or otherwise to combine, join, or consolidate functions or organizational units of the two bureaus with each other.

(Pub. L. 107–296, title IV, § 471, Nov. 25, 2002, 116 Stat. 2205.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Statutory Notes and Related SubsidiariesChange of Name

Bureau of Border Security, referred to in subsec. (b), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.

Notes of Decisions
Cited in 107 cases (3 in the last 5 years), 2003–2026 · leading case: Djenaba Camara v. John Ashcroft, in His Off. Capacity as Attorney Gen. of the United States, 378 F.3d 361 (4th Cir. 2004).
Djenaba Camara v. John Ashcroft, in His Off. Capacity as Attorney Gen. of the United States, 378 F.3d 361 (4th Cir. 2004). “See 6 U.S.C. § 291 ; 8 C.F.R. § 1.1 (d). 2 . While not explicitly rejecting this evidence, the IJ expressed suspicion about the documents Camara obtained from the courthouse only because her story of obtaining them from her cousin "ma [d]e[] no sense.”
Baghdasaryan v. Holder, 592 F.3d 1018 (9th Cir. 2010). “See Homeland Security Act of 2002 § 471, 6 U.S.C. § 291 . We refer simply to the immigration agency simply as the "Government” in this opinion.”
Abduvakhob Alimbaev v. Attorney Gen. United States, 872 F.3d 188 (3rd Cir. 2017). “See Homeland Security Act of 2002, 6 U.S.C. § 291 . 3 . Our Court, in granting the petitions for relief later filed by Alimbaev’s roommates, held that these charges were baseless and "a pretext to single out and punish those in peaceful opposition to the authoritarian regime.”
United States v. Yeje-Cabrera, 430 F.3d 1 (1st Cir. 2005). “2135 , 2205 (codified as amended at 6 U.S.C. § 291 (a)). 2 . After both Olivero and the government filed notices of appeal, the district court issued an order purporting to vacate Olivero's sentence in order to impose an even shorter sentence.”
Nikijuluw v. Gonzales, 427 F.3d 115 (1st Cir. 2005). “2135 , 2205 (codified as amended at 6 U.S.C. § 291 (a)), abolished the INS and transferred its duties to the Department of Homeland Security.”
Ferry v. Ashcroft, 457 F.3d 1117 (10th Cir. 2006). “25, 2002), 6 U.S.C. § 291 ). Ferry's appeals cover the time period before and after the transfer of functions between the INS and the DHS.”
Kaufman v. Mukasey, 524 F.3d 1334 (D.C. Cir. 2008). · cites it 2× “In 2002 however, Congress abolished the INS when it enacted the Homeland Security Act, 6 U.S.C. § 291 , and assigned to the Department of Homeland Security various functions previously performed by other government agencies.”
Arevalo v. Ashcroft, 344 F.3d 1 (1st Cir. 2003). “2135 , 2205 (codified as amended at 6 U.S.C. § 291 (a)) (2002). The INS functions relevant to this case, including the adjudication of asylum claims, now reside in the Bureau of Citizenship and Immigration Services within the Department of Homeland Security.”
Lattab v. Ashcroft, 384 F.3d 8 (1st Cir. 2004). “2135 , 2205 (codified as amended at 6 U.S.C. § 291 (a)), abolished .the INS and transferred its duties to the Department of Homeland Security.”
Da Silva v. Ashcroft, 394 F.3d 1 (1st Cir. 2005). “2135 , 2205 (codified as amended at 6 U.S.C. § 291 (a)), abolished the INS and transferred its duties to the Department of Homeland Security.”
Makhoul v. Ashcroft, 387 F.3d 75 (1st Cir. 2004). “2135 , 2205 (codified as amended at 6 U.S.C. § 291 (a)), abolished the INS and transferred its duties to the Department of Homeland Security.”
Conteh v. Gonzales, 461 F.3d 45 (1st Cir. 2006). “2135 , 2205 (2002) (codified as amended at 6 U.S.C. § 291 (a)), abolished the INS and transferred its functions to the Department of Homeland Security.”
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