ICPM ch. 1.2

(a) Role – The Office of the Chief Immigration Judge (OCIJ) oversees the administration of the immigration courts nationwide.  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 (INA), federal regulations, and precedent decisions of the Board of Immigration Appeals (Board) and federal appellate courts.

(b) Location within the federal government – OCIJ is a component of the Executive Office for Immigration Review (EOIR) and 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 (Organizational Chart).

(c) Relationship to the Board of Immigration Appeals – The 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 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 (Organizational Chart). Finally, the Board has authority over the disciplining and sanctioning of practitioners or recognized organizations appearing before the immigration courts, DHS, and the Board.  See Part I, Chapter 8 (Discipline of Practitioners).  

For detailed guidance on practice before the Board, parties should consult the Part III of the Policy Manual.

(d) Relationship to the Department of Homeland Security –DHS was created in 2003 and assumed most of the functions of the former Immigration and Naturalization Service (INS). DHS is responsible for enforcing immigration laws and administering immigration and naturalization benefits.  By contrast, the immigration courts and the Board are responsible for independently adjudicating cases under the immigration laws. Thus, DHS is entirely separate from the Department of Justice and EOIR.  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). 

(e) Relationship to the Immigration and Naturalization Service – Prior to the creation of DHS, the Immigration and (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 Administrative Appeals Office – The Administrative Appeals Office (AAO), sometimes referred to as the Administrative Appeals Unit (AAU), is a component of 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 EOIR, OCIJ, or Board.  See Appendix B (Organizational Chart).

(g) Relationship to the Office of Immigration Litigation– 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 EOIR. OIL should not be confused with EOIR, OCIJ, or the Board.  See Appendix B (Organizational Chart).