Executive Office for Immigration Review
Falls Church, VA 22041
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| DIRECTOR ||James McHenry, Acting |
The Executive Office for Immigration Review (EOIR), under a delegation of authority from the Attorney General, is charged with adjudicating matters brought under various immigration statutes before its three administrative tribunals: the Office of the Chief Immigration Judge, the Board of Immigration Appeals, and the Office of the Chief Administrative Hearing Officer.
The Office of the Chief Immigration Judge provides overall direction for more than 300 immigration judges located in 58 immigration courts throughout the Nation. Immigration judges are responsible for conducting formal administrative proceedings and act independently in their decision-making capacity. Their decisions are administratively final, unless appealed or certified to the BIA.
In removal proceedings, an immigration judge determines whether an alien should be removed or allowed to remain in the United States. Judges are located throughout the United States, and each judge has jurisdiction to consider various forms of relief available under the law.
The Board of Immigration Appeals (BIA) has nationwide jurisdiction to hear appeals from certain decisions made by immigration judges and by district directors of the Department of Homeland Security (DHS). In addition, the BIA is responsible for hearing appeals involving disciplinary actions against attorneys and representatives before DHS and EOIR.
Decisions of the BIA are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a Federal court. All BIA decisions are subject to judicial review in Federal court. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of the immigration laws, and motions for reopening or reconsideration of decisions previously rendered.
The Office of the Chief Administrative Hearing Officer (OCAHO) is headed by a Chief Administrative Hearing Officer (CAHO), who is responsible for the general supervision and management of administrative law judges (ALJs). OCAHO ALJs preside at hearings that are mandated by provisions of immigration law concerning allegations of unlawful employment of aliens, employment eligibility verification violations (“employer sanctions), unfair immigration-related employment practices, and immigration document fraud. ALJ decisions in employer sanctions and document fraud cases may be reviewed by the CAHO and the Attorney General, and all OCAHO cases may be appealed to the appropriate U.S. Circuit Court of Appeals.
Sources of Information
A virtual law library that serves as a complement to the Law Library and Immigration Research Center is available online.http://www.justice.gov/eoir/virtual-law-library
Statistics and Publications
Agency decisions and plans, instructions and manuals, meeting notes, and reports and updates are available on the "Statistics and Publications" Web page.http://www.justice.gov/eoir/statistics-and-publications#Top
For further information, contact the Office of Communications and Legislative Affairs, Executive Office for Immigration Review, Department of Justice, 5107 Leesburg Pike, Suite 1902, Falls Church, VA 22041. Phone, 703-305-0289. Fax, 703-605-0365. http://www.justice.gov/eoir/contact-office