The Department of Justice said the implementation of the new regulations aimed at simplifying the filing of appeals on Bureau of Immigration resolutions and decisions would help decongest the BI Detention Facility of overstaying unwanted aliens.
Justice Undersecretary Markk Perete said under Department Circular No. 23, foreigners awaiting their deportation could no longer use the filing of an appeal before the DOJ as an excuse to prolong their stay in the country.
Perete said decongesting the occupants at the BI Detention Facility in Taguig City was “one of our major considerations” when they were crafting the circular that took effect Nov. 21.
BI earlier said there were 235 people detained at the facility when it was intended to accommodate only 140 people.
The DOJ official pointed out there have been reports that some of the detainees at the BI Warden Facility do not want to return to their native countries and opted to file appeals at the DOJ to delay their deportation.
The new regulation provides that the filing of an appeal does not stay or suspend the implementation or execution of the decision, resolution or order being appealed.
Whether a deportee has a pending appeal before the DOJ, his or her stay in the country would not exceed the given period of 30 days from promulgation, except when the Secretary of Justice grants an interim relief such as a stay of execution or countermanded by the President.
“An alien deportee may apply for the interim relief of stay from execution pending appeal. If such application is denied or unacted upon within the period of 30 days from promulgation of the challenged order, the alien deportee must leave,” Perete explained.
The circular likewise sought to put in place the rules on appeal from orders, resolutions, and decisions of the BI on immigration and immigration-related matters because there are provisions in the BI’s Omnibus rules that are “inconsistent” with the Administrative Code.
The rules also allow parties-in-interest in the BI proceedings to intervene in the appeal.
Under the simplified rules on appeals, an appellant who wants to challenge the decision or resolution given by the BI has 15 days upon receipt to file his notice of appeal before the Office of the DOJ Secretary.
From the filing of such notice, the appellant has another 15 days within which to file the appeal memorandum.