This rule adopts without substantial change the proposed rule to implement the December 5, 2002, Agreement Between the Government of the United States and the Government of Canada For Cooperation in the Examination of Refugee Status Claims from Nationals of Third Counties ("bilateral Agreement with Canada" or "Agreement"). The Agreement bars certain aliens who are arriving from Canada, or in transit during removal from Canada, from applying for asylum and related protections in the United States. In the context of expedited removal proceedings, the Department of Homeland Security ("DHS") will conduct a threshold screening interview to determine whether the Agreement applies to an alien. The DHS final rule is published elsewhere in this Federal Register. The role of the Executive Office of Immigration Review ("EOIR") is limited to an evaluation of how the Agreement applies to aliens whom DHS has chosen to place in removal proceedings.
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