What Is the Executive Office of Immigration Review

Executive Office for Clearing Review

Seal of the Executive Office for Immigration Review
Agency overview
Formed	January 9, 1983
Jurisdiction	Federal government of the United States
Headquarters	Bailey's Crossroads, Virginia (Falls Church mailing address)
Employees	3,161 (2020)[i]
Annual budget	$734 million (FY 2021)[two]
Agency executives	David Neal[iii], Acting Director Carl C. Risch[iv], Deputy Manager
Parent agency	United States Department of Justice
Kid bureau	Lath of Immigration Appeals
Website	Executive Office for Immigration Review

The Executive Office for Immigration Review (EOIR) is a sub-bureau of the United states of america Department of Justice whose master function is to deport removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. These administrative proceedings determine the removability and admissibility of individuals in the United States. As of Feb twenty, 2020^[update], there were 60-nine clearing courts throughout the United States.^[5]

History and jurisdiction [edit]

An immigration proceeding conducted in the Department of Labor, 1926.

EOIR was created in 1983 by the Section of Justice (DOJ) as part of an internal reorganization.^[6] Prior to 1983, the functions performed past EOIR were divided among dissimilar agencies. The earliest version of a specialized clearing service was the Clearing and Naturalization Service (INS), created in 1933, in the Section of Labor.^[vii] Seven years later, in 1940, the INS moved from Labor to its present location in the Section of Justice. Twelve years after moving to DOJ, in 1952, the Immigration and Nationality Deed organized all U.S. immigration laws into one statute, and designated "special inquiry officers," the predecessors of clearing judges, to decide questions of deportation.^[eight]

EOIR adjudicates cases under a patchwork of clearing laws and regulations, including:

• Immigration and Nationality Act of 1952
• Immigration and Nationality Deed of 1965
• Clearing Reform and Command Act of 1986
• Usa Refugee Deed of 1980
• Immigration Act of 1990
• Illegal Immigration Reform and Responsibleness Act of 1996
• Real ID Act of 2005

In addition to these statutes, other federal statutes, agency regulations, and executive orders, federal courts also play an important role immigration law. Because litigants have the right to appeal a conclusion to federal courts of appeal, different areas of the United states of america effectively have different immigration laws, notwithstanding Supreme Court review. In add-on, federal statutes not facially related to clearing besides may play a role in admissibility, including those related to public benefits.

Structure [edit]

Within the Department of Justice, EOIR is 1 of a number of offices that answers directly to the Deputy Attorney Full general.^[9] EOIR itself has two members of its leadership team: a director, who is appointed by the Attorney General,^[x] and a deputy director who may exercise the total authority of the director.^[ten] The current director is David Fifty. Neal,^[eleven] and the current deputy director is Charles Adkins-Flinch.^[12]

Adjudicative components [edit]

Office of the Principal Immigration Approximate [edit]

The Role of the Main Clearing Approximate (OCIJ) is the potency under which trial-level clearing judges are situated.^[13] Similar the EOIR director and deputy director, the Chief Immigration Estimate is appointed by the attorney general, though he or she is supervised directly by the director of EOIR.^[thirteen] The Office of the Chief Clearing Gauge oversees most 500 clearing judges, 60 immigration courts, and thirty assistant chief immigration judges (ACIJ) based in the various cities where U.S. immigration courts are located.^[14] Immigration judges adjudicate hearings nether Section 240 of the INA.^[15]

Immigration judges, unlike Commodity III judges, do not take life tenure, and are not appointed past the President nor confirmed by the Senate equally required by the Appointments Clause in Article Two. Instead, they are civil servants appointed past the attorney general.^[15] The director of EOIR may also designate temporary immigration judges, who may serve for a catamenia not longer than six months.^[15]

Immigration adjudication does not adjust to the separation of functions as prescribed by the Authoritative Procedure Act. Instead, the Department of Homeland Security initiates removal proceeding against a litigant; the immigration judge is employed by EOIR. In the removal proceeding, the U.Southward. Government is represented past an Assistant Chief Counsel, often referred to as a "DHS attorney" or "trial attorney."^[16] Unlike criminal adjudications in Article Iii courts, litigants in removal proceedings practise not have a constitutional right to counsel, except in narrow circumstances.^[17]

Board of Immigration Appeals [edit]

The Board of Immigration Appeals (BIA) is the body to whom litigants may entreatment their decisions from immigration judges. Composed of 21 members appointed past the attorney general, BIA decisions are generally decided by panels of three of its members.^[18] Unlike courts of appeals in the state and federal systems, the BIA rarely holds oral arguments on appeals.^[19] Instead, the BIA conducts a "paper review" of the materials, earlier issuing a written decision. Though the BIA problems hundreds of decisions each yr, it chooses a small number as "precedent decisions,"^[20] which seek to provide guidance to immigration judges beyond the countries on the land of clearing law. Afterwards the BIA has decided a affair, it may choose to issue a concluding conclusion, remand to the immigration gauge for farther consideration, or refer the matter to the attorney general. The attorney general also may refer the instance to him or herself and decide the example regardless of the decision of the BIA.^[21]

Office of the Chief Administrative Hearing Officer [edit]

The Part for the Main Administrative Hearing Officeholder (OCAHO) oversees specialized immigration authoritative law judges as provided for in the Immigration Reform and Command Human activity of 1986 and the Immigration Act of 1990.^[22] Unlike the clearing judges in the Part of the Chief Immigration Guess, who hear the merits of the immigration claims of litigants, the administrative police judges of the Principal Administrative Hearing Officer handle matters related to the employment of non-citizens unlawfully residing in the United States; other unfair employment practices; and documentation fraud seeking immigration relief.

Non-adjudicative components [edit]

General Counsel [edit]

The Office of Full general Counsel (OGC) is the primary legal counsel of EOIR.^[23] The general counsel primarily provides legal guidance regarding precedential Board of Immigration Appeals and federal courts decisions and disseminates that information across EOIR. The Office of Full general Counsel too represents EOIR in federal courtroom and responds to Liberty of Information Act requests directed at EOIR. The Function of General Counsel is besides responsible for maintaining the standard for immigration attorneys nation-wide through its Attorney Discipline Programme.^[24]

Part of Policy [edit]

EOIR's Office of Policy (OP), created in 2017, is responsible for communications, data collection, and regulatory review.^[25] Unlike the Office of general counsel, the Part of Policy does not represent EOIR in legal proceedings; it provides training and instructions to effectuate the policy of the director.^[26]

Criticism and controversies [edit]

The Attorney General'southward use of precedent decisions has been subject to criticism.^[27] Some commentators take argued that the employ of the ability, instead of settling doctrine, has departed from agency procedures and practices, adjudicated issues not relevant to a item instance, and disrupted the development of circuit law by adopting the minority view.^{[27] [28]}

EOIR has too been criticized for the pregnant backlog of immigration cases; as of December 2020, there are more than than one.2 one thousand thousand pending cases across the immigration courts.^[29] In 2018, the Department of Justice instituted case quotas for immigration judges, requiring each to complete 700 cases per twelvemonth, a charge per unit requiring each IJ to close more than two cases per day.^[xxx] The president of the National Association of Clearing Judges, stated that the policy was an "unprecedented deed which compromises the integrity of the courtroom."^[31]

In January 2021, the San Francisco Chronicle reported that the Executive Role for Clearing Review had failed to prevent or appropriately respond to multiple instances of sexual harassment by judges and supervisors.^[32] Tal Kopan, the reporter who bankrupt the story, added subsequently in an interview that more allegations non included in the story indicated that the problem was widespread and not an isolated occurrence.^[33]

A November 2019 report by the U.s. Section of Justice Office of the Inspector General establish that "senior managers" involved in the hiring of Immigration Judges had used a system of "lawmaking words" to charge per unit "the attractiveness" of female candidates.^[34] The written report also establish that this conduct "could requite rise to claims of sexual harassment or claims of prohibited personnel practices."^[35]

See as well [edit]

• Title viii of the Code of Federal Regulations
• U.Southward. Citizenship and Immigration Services (USCIS)
• U.Due south. Customs and Border Protection (CBP)
• U.S. Immigration and Customs Enforcement (ICE)
• Board of Immigration Appeals

References [edit]

1. ^ "FY 2020 Congressional Budget Submission". Executive Office for Clearing Review. Retrieved 2020-02-21 .
2. ^ "Public Law 116-260". congress.gov. United States Congress. Retrieved 14 February 2021.
3. ^ Executive Office for Immigration Review (thirty May 2017). "See the Managing director". www.justice.gov. United States Section of Justice. Retrieved four October 2021.
4. ^ Executive Function for Immigration Review (21 August 2017). "See the Deputy Director". world wide web.justice.gov. United States Department of Justice.
5. ^ "EOIR Immigration Court Listing". world wide web.justice.gov. 2015-01-thirteen. Retrieved 2020-02-29 .
6. ^ "48 Fed. Reg. 8038 (Feb. 25, 1983)" (PDF). U.S. Section of Justice. 1983-02-25.
7. ^ "Evolution of the U.S Clearing Court System: Pre-1983". U.Southward. Section of Justice. April 30, 2015. Retrieved 2020-02-21 .
8. ^ F.H.Due south. (1956). "The Special Enquiry Officer in Deportation Proceedings". Virginia Police force Review. 42 (6): 803–830. doi:10.2307/1070271. JSTOR 1070271.
9. ^ "Organizational Chart | DOJ | Department of Justice". U.South. Department of Justice . Retrieved 2020-02-21 .
10. ^ ^{a b} "8 CFR § 1003.0 - Executive Office for Immigration Review". LII / Legal Information Institute . Retrieved 2020-02-21 .
11. ^ https://www.justice.gov/eoir/role-of-the-director.
12. ^ https://world wide web.justice.gov/eoir/office-of-the-director.
13. ^ ^{a b} "eight CFR § 1003.9 - Office of the Master Immigration Judge". LII / Legal Information Institute . Retrieved 2020-02-21 .
14. ^ "Office of the Primary Clearing Estimate". U.S. Department of Justice. 2020-02-21. Retrieved 2020-02-21 .
15. ^ ^{a b c} "8 CFR § 1003.x - Clearing judges". LII / Legal Information Institute . Retrieved 2020-02-22 .
16. ^ "Immigration Court Practice Transmission (Glossary - two, p. 235/267 of PDF)". Section of Justice, Executive Office for Clearing Review. December 2016.
17. ^ Wolf, Leslie (Winter 2014). "Later Franco-Gonzalez five. Holder: the Implications of Locating a Right to Counsel nether the Rehabilitation Act" (PDF). Review of Police and Social Justice. 23: 329–65.
18. ^ "8 CFR § 1003.1 - Arrangement, jurisdiction, and powers of the Board of Immigration Appeals". LII / Legal Information Institute . Retrieved 2020-02-21 .
19. ^ "Lath of Clearing Appeals". www.justice.gov. 2015-01-13. Retrieved 2020-02-21 .
20. ^ "8 CFR § 1003.i(thou)(2)". LII / Legal Data Constitute . Retrieved 2020-02-21 .
21. ^ "Barr problems ii rulings limiting means immigrants tin can fight deportation". NBC News . Retrieved 2020-02-21 .
22. ^ "Role of the Principal Administrative Hearing Officer". U.S. Department of Justice. 2020-01-09. Retrieved 2020-02-21 .
23. ^ "Role of the Full general Counsel". www.justice.gov. 2015-01-xiii. Retrieved 2020-03-30 .
24. ^ "EOIR: Attorney Discipline Plan". U.Southward. Department of Justice. 2019-06-12.
25. ^ "Office of Policy". U.Due south. Department of Justice. Feb 21, 2020. Retrieved 2020-02-21 .
26. ^ "Organisation of the Executive Function for Immigration Review (84 Fed. Reg. 44,538)" (PDF). Federal Register. August 26, 2019. Retrieved 2020-02-21 .
27. ^ ^{a b} Marouf, Fatma (January 2019). "2019". Tulane Law Review. 93 (four): 707, 741–42.
28. ^ Shah, Bijal (2017). "The Attorney General's Disruptive Clearing Power". Iowa Police Review. 102: 129, 154.
29. ^ "Immigration Court Backlog Tool: Pending Cases and Length of Look in Immigration Courts". trac.syr.edu. Transactional Records Access Clearinghouse. Retrieved 2021-01-27 .
30. ^ "Justice Section Rolls Out Quotas For Immigration Judges". NPR.org . Retrieved 2020-03-30 .
31. ^ "Head of U.S. clearing judges' matrimony denounces Trump quota plan". Reuters. 2018-09-21. Retrieved 2020-03-30 .
32. ^ "Bad conduct, leering 'jokes' — clearing judges stay on bench". San Francisco Relate. 2021-01-22. Retrieved 2021-01-27 .
33. ^ "New written report sheds lite into sexual harassment occurring in the immigration courtroom system". KCBS Radio. 2021-01-24. Retrieved 2021-01-27 .
34. ^ "An Investigation of Declared Misconduct" (PDF). 2019-eleven-01. Retrieved 2021-01-27 .
35. ^ "An Investigation of Alleged Misconduct" (PDF). 2019-eleven-01. Retrieved 2021-01-27 .

External links [edit]

• Official website
• Executive Office for Immigration Review in the Federal Register
• List of Immigration Courts
• Eye for Immigration Studies Clearing Newsmaker: A Chat with EOIR Manager James McHenry May three, 2018
• Twitter Feed

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Source: https://en.wikipedia.org/wiki/Executive_Office_for_Immigration_Review#:~:text=The%20Executive%20Office%20for%20Immigration%20Review%20(EOIR)%20is%20a%20sub,appeals%20arising%20from%20the%20proceedings.

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