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18 June 2008
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34770-34771]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-97]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of Determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of
[[Page 34771]]
discretion in accordance with our respective authorities under section
212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C.
1182(d)(3)(B)(i), as amended by the Consolidated Appropriations Act,
2008 (CAA), Public Law 110-161, Div. J, section 691(a), 121 Stat. 1844,
2364 (December 26, 2007), as well as the foreign policy and national
security interests deemed relevant in these consultations, that section
212(a)(3)(B) of the INA, excluding subclause (i)(II), shall not apply
with respect to an alien not otherwise covered by the automatic relief
provisions of section 691(b) of the CAA, for any activity or
association relating to appropriate groups affiliated with the
Montagnards, provided that there is no reason to believe that the
relevant terrorist activities of the alien or the recipients were
targeted against noncombatant persons, and further provided that the
alien satisfies the relevant agency authority that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13638 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34771-34772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-98]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Karen
National Union/Karen National Liberation Army (KNU/KNLA), provided that
there is no reason to believe that the relevant terrorist activities of
the alien or the recipients were targeted against noncombatant persons,
and further provided that the alien satisfies the relevant agency
authority that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is
[[Page 34772]]
applied, on the basis of case-by-case decisions by the Department of
Homeland Security or by the Department of State, shall be provided to
the specified congressional committees not later than 90 days after the
end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13640 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-99]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Karenni
National Progressive Party (KNPP), provided that there is no reason to
believe that the relevant terrorist activities of the alien or the
recipients were targeted against noncombatant persons, and further
provided that the alien satisfies the relevant agency authority that
the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13643 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-101]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Alzados,
provided that there is no reason to believe that the relevant terrorist
activities of the alien or the recipients were targeted against
noncombatant persons, and further provided that the alien satisfies the
relevant agency authority that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) has undergone and passed relevant background and security
checks;
(c) has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) poses no danger to the safety and security of the United
States; and
(e) is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13644 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-102]
[[Page 34774]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Arakan
Liberation Party (ALP), provided that there is no reason to believe
that the relevant terrorist activities of the alien or the recipients
were targeted against noncombatant persons, and further provided that
the alien satisfies the relevant agency authority that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) has undergone and passed relevant background and security
checks;
(c) has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) poses no danger to the safety and security of the United
States; and
(e) is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13655 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34774-34775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-103]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Kayan New
Land Party (KNLP), provided that there is no reason to believe that the
relevant terrorist activities of the alien or the recipients were
targeted against noncombatant persons, and further provided that the
alien satisfies the relevant agency authority that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and
[[Page 34775]]
Immigration Services (USCIS), in consultation with U.S. Immigration and
Customs Enforcement (ICE), or by U.S. consular officers, as applicable,
who shall ascertain, to their satisfaction, and in their discretion,
that the particular applicant meets the criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13666 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34775]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-104]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Chin
National League for Democracy (CNLD), provided that there is no reason
to believe that the relevant terrorist activities of the alien or the
recipients were targeted against noncombatant persons, and further
provided that the alien satisfies the relevant agency authority that
the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13673 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-105]
[[Page 34776]]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Mustangs,
provided that there is no reason to believe that the relevant terrorist
activities of the alien or the recipients were targeted against
noncombatant persons, and further provided that the alien satisfies the
relevant agency authority that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff.
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13642 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34772-34773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-100]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to the Chin
National Front/Chin National Army (CNF/CNA), provided that there is no
reason to believe that the relevant terrorist activities of the alien
or the recipients were targeted against noncombatant persons, and
further provided that the alien satisfies the relevant agency authority
that the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
[[Page 34773]]
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and Immigration Services (USCIS), in consultation with U.S.
Immigration and Customs Enforcement (ICE), or by U.S. consular
officers, as applicable, who shall ascertain, to their satisfaction,
and in their discretion, that the particular applicant meets the
criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13651 Filed 6-17-08; 8:45 am]
BILLING CODE 9117-97-P
[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]
[Page 34776-34777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-106]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
DEPARTMENT OF STATE
Office of the Secretary
Exercise of Authority Under Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act
AGENCY: Office of the Secretary, DHS; Office of the Secretary, DOS.
ACTION: Notice of determination.
-----------------------------------------------------------------------
DATES: This determination is effective June 3, 2008.
Authority: 8 U.S.C. 1182(d)(3)(B)(i).
The Secretary of Homeland Security and the Secretary of State,
following consultations with the Attorney General, hereby conclude, as
a matter of discretion in accordance with our respective authorities
under section 212(d)(3)(B)(i) of the Immigration and Nationality Act
(INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended by the Consolidated
Appropriations Act, 2008 (CAA), Public Law 110-161, Div. J, section
691(a), 121 Stat. 1844, 2364 (December 26, 2007), as well as the
foreign policy and national security interests deemed relevant in these
consultations, that section 212(a)(3)(B) of the INA, excluding
subclause (i)(II), shall not apply with respect to an alien not
otherwise covered by the automatic relief provisions of section 691(b)
of the CAA, for any activity or association relating to appropriate
groups affiliated with the Hmong, provided that there is no reason to
believe that the relevant terrorist activities of the alien or the
recipients were targeted against noncombatant persons, and further
provided that the alien satisfies the relevant agency authority that
the alien:
(a) Is seeking a benefit or protection under the INA and has been
determined to be otherwise eligible for the benefit or protection;
(b) Has undergone and passed relevant background and security
checks;
(c) Has fully disclosed, in all relevant applications and
interviews with U.S. government representatives and agents, the nature
and circumstances of each activity or association falling within the
scope of section 212(a)(3)(B) of the INA;
(d) Poses no danger to the safety and security of the United
States; and
(e) Is warranted to be exempted from the relevant inadmissibility
provision by the totality of the circumstances.
Implementation of this determination will be made by U.S.
Citizenship and
[[Page 34777]]
Immigration Services (USCIS), in consultation with U.S. Immigration and
Customs Enforcement (ICE), or by U.S. consular officers, as applicable,
who shall ascertain, to their satisfaction, and in their discretion,
that the particular applicant meets the criteria set forth above.
This exercise of authority may be revoked as a matter of discretion
and without notice at any time with respect to any and all persons
subject to it. Any determination made under this exercise of authority
as set out above shall apply to any subsequent benefit or protection
application, unless such exercise of authority has been revoked.
This exercise of authority shall not be construed to prejudice, in
any way, the ability of the U.S. government to commence subsequent
criminal or civil proceedings in accordance with U.S. law involving any
beneficiary of this exercise of authority (or any other person). This
exercise of authority is not intended to create any substantive or
procedural right or benefit that is legally enforceable by any party
against the United States or its agencies or officers or any other
person.
In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.
1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of
authority is applied, on the basis of case-by-case decisions by the
Department of Homeland Security or by the Department of State, shall be
provided to the specified congressional committees not later than 90
days after the end of the fiscal year.
This determination is based on an assessment related to the
national security and foreign policy interests of the United States as
they apply to the particular persons described herein and shall not
have any application with respect to other persons or to other
provisions of U.S. law.
Dated: June 3, 2008.
Michael Chertoff,
Secretary of Homeland Security.
Condoleezza Rice,
Secretary of State.
[FR Doc. E8-13652 Filed 6-17-08; 8:45 am]
BILLING CODE 9111-97-P