inline">Cite as 23 I&N Dec. 693

 (A.G. 2004)                               Interim Decision #3503




                             In re C-Y-Z-, Applicant
                Decided by Attorney General December 1, 2004
                         Decided by Board June 4, 19971
                           U.S. Department of Justice
                     Executive Office for Immigration Review
                         Board of Immigration Appeals

FOR APPLICANT: Yee Ling Poon, Esquire, New York, New York

FOR DEPARTMENT OF HOMELAND SECURITY: Joe D. Whitley, General Counsel


                  BEFORE THE ATTORNEY GENERAL
                         (December 1, 2004)

  The request of the Commissioner of the Immigration and Naturalization
Service to certify for review the captioned decision of the Board of Immigration
Appeals pursuant to

8 C.F.R. § 3.1

(h)(1)(iii) (2002)2 is denied.




1
   The Board’s June 4, 1997, decision in this case was published as Matter of C-Y-Z-,

21 I&N Dec. 915

 (BIA 1997).
2
  On March 1, 2003, the functions of the Immigration and Naturalization Service (“INS”)
were transferred from the Department of Justice to the Department of Homeland Security.
See Homeland Security Act of 2002,

Pub. L. No. 107-296, 116

 Stat. 2135 (2002). The
Executive Office for Immigration Review, however, remains in the Department of Justice.
On February 28, 2003, the Attorney General published a technical rule that moved

8 C.F.R. § 3.1

(h) to

8 C.F.R. § 1003.1

(h). See Aliens and Nationality; Homeland Security;
Reorganization of Regulations,

68 Fed. Reg. 9824

, 9830 (Feb. 28, 2003). In addition, the
authority of the INS Commissioner to refer decisions of the Board of Immigration Appeals
to the Attorney General is now vested in the Secretary of Homeland Security or in “specific
officials of the Department of Homeland Security designated by the Secretary with the
concurrence of the Attorney General.” Id. at 9832 (to be codified at

8 C.F.R. § 1003.1

(h)(1)).

                                           693

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