[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.16]

[Page 463-464]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
                     Subpart A--Removal Proceedings
 
Sec. 240.16  Application of new procedures or termination of proceedings in old proceedings pursuant to section 309(c) of Public Law 104-208.

    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

[[Page 464]]

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.