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OCAHO Practice Manual

OCAHO Practice Manual
Chapter 1 - Scope and Definitions

1.1 - Scope

(a) Generally

This Practice Manual is a guide that sets forth the applicable rules of practice and procedure for cases before OCAHO in the EOIR. The guidance set forth in this manual should be followed by the parties who appear before OCAHO, unless the CAHO or presiding ALJ directs otherwise. Guidance set forth in this manual does not relieve the parties from their obligation to be familiar with and to follow controlling law and regulations governing adjudication of cases before the OCAHO. This Practice Manual does not limit the discretion of ALJs to act in accordance with law and regulation.

(b) Applicability of Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure may be used as a general guide in any situation not provided for or controlled by:

  • this Practice Manual;
  • OCAHO’s rules of practice and procedure (28 C.F.R. Part 68);
  • the Administrative Procedure Act (5 U.S.C. §§ 551-559); or
  • any other applicable statute, executive order, or regulation.