1.2 - Function of the Office of the Chief Immigration Judge

(a) Role

The Office of the Chief Immigration Judge oversees the administration of the immigration courts nationwide and exercises administrative supervision over immigration judges.  Immigration judges are responsible for conducting immigration court proceedings and act independently in deciding matters before them.  Immigration judges are tasked with resolving cases in a manner that is timely, impartial, and consistent with the Immigration and Nationality Act, federal regulations, and precedent decisions of the Board of Immigration Appeals and federal appellate courts.

(b) Location within the Federal Government

The Office of the Chief Immigration Judge (OCIJ) is a component of the Executive Office for Immigration Review (EOIR).  Along with the Board of Immigration Appeals and the Office of the Chief Administrative Hearing Officer, OCIJ operates under the supervision of the Director of EOIR.  See 8 C.F.R. § 1003.0(a).  In turn, EOIR is a component of the Department of Justice and operates under the authority and supervision of the Attorney General.  See Appendix B (Org Chart).

(c) Relationship to the Board of Immigration Appeals

The Board of Immigration Appeals (Board) is the highest administrative tribunal adjudicating immigration and nationality matters.  The Board is responsible for applying the immigration and nationality laws uniformly throughout the United States.  Accordingly, the Board has been given nationwide jurisdiction to review decisions of immigration judges and certain decisions made by the Department of Homeland Security (DHS).  The Board is tasked with resolving the questions before it in a manner that is timely, impartial, and consistent with the Immigration and Nationality Act (INA) and federal regulations.  The Board is also tasked with providing clear and uniform guidance to immigration judges, DHS, and the general public on the proper interpretation and administration of the INA and the federal regulations.  See 8 C.F.R. § 1003.1(d)(1).  See also Appendix B (Org Chart).  Finally, the Board has authority over the disciplining and sanctioning of practitioners appearing before the immigration courts, DHS, and the Board and recognized organizations.  See Chapter 10 (Discipline of Practitioners).

For detailed guidance on practice before the Board, parties should consult the Board of Immigration Appeals Practice Manual.

(d) Relationship to the Department of Homeland Security

The Department of Homeland Security (DHS) was created in 2003 and assumed most of the functions of the former Immigration and Naturalization Service.  DHS is responsible for enforcing immigration laws and administering immigration and naturalization benefits.  By contrast, the immigration courts and the Board of Immigration Appeals are responsible for independently adjudicating cases under the immigration laws.  Thus, DHS is entirely separate from the Department of Justice and the Executive Office for Immigration Review.  In proceedings before the immigration court or the Board, DHS is deemed to be a party and is represented by its component, U.S. Immigration and Customs Enforcement (ICE).  See Chapters 1.4(a) (Jurisdiction), 1.4(c) (Immigration Judge Decisions), 1.4(e) (Department of Homeland Security).

(e) Relationship to the Immigration and Naturalization Service

Prior to the creation of the Department of Homeland Security (DHS), the Immigration and Naturalization Service (INS) was responsible for enforcing immigration laws and administering immigration and naturalization benefits.  INS was a component of the Department of Justice. INS has been abolished and its role has been assumed by DHS, which is entirely separate from the Department of Justice.  See subsection (d), above.

(f) Relationship to the Office of the Chief Administrative Hearing Officer

The Office of the Chief Administrative Hearing Officer (OCAHO) is an independent entity within the Executive Office for Immigration Review.  OCAHO is responsible for hearings involving employer sanctions, anti-discrimination provisions, and document fraud under the Immigration and Nationality Act. OCAHO’s Administrative Law Judges are not affiliated with the Office of the Chief Immigration Judge.  The Board of Immigration Appeals does not review OCAHO decisions.  See Appendix B (Org Chart).

(g) Relationship to the Administrative Appeals Office

The Administrative Appeals Office (AAO), sometimes referred to as the Administrative Appeals Unit (AAU), was a component of the former Immigration and Naturalization Service and is now a component of the Department of Homeland Security (DHS).  The AAO adjudicates appeals from DHS denials of certain kinds of applications and petitions, including employment-based immigrant petitions and most nonimmigrant visa petitions.  See 8 C.F.R. §§ 103.2, 103.3.  The AAO is not a component of the Department of Justice.  The AAO should not be confused with the Executive Office for Immigration Review, the Office of the Chief Immigration Judge, or the Board of Immigration Appeals. See Appendix B (Org Chart).

(h) Relationship to the Office of Immigration Litigation (OIL)

The Office of Immigration Litigation (OIL) represents the United States government in immigration-related civil trial litigation and appellate litigation in the federal courts.  OIL is a component of the Department of Justice, located in the Civil Division.  OIL is separate and distinct from the Executive Office for Immigration Review (EOIR).  OIL should not be confused with EOIR, the Office of the Chief Immigration Judge, or the Board of Immigration Appeals.  See Appendix B (Org Chart).