OCAHO Practice Manual ch. 8.4

(a) Procedures for Referral of Cases to the Attorney General

An OCAHO final order under Immigration and Nationality Act (INA) § 274A, 274B, or 274C may be referred to the Attorney General for review:

• for cases arising under INA §§ 274A, 274B, and 274C, if the Attorney General directs the Chief Administrative Hearing Officer (CAHO) to refer the final order for review; or

• for cases arising under INA §§ 274A and 274C, if the Secretary of Homeland Security timely and properly requests that the CAHO refer the final order to the Attorney General for review.

No other parties or individuals are authorized to request referral of a final order to the Attorney General for review.

(b) Procedures for Review

If a final order is referred to the Attorney General for review, the Attorney General will review the final order in accordance with the following procedures:

• All parties will be given the opportunity to submit briefs or other written statements pursuant to a schedule established by the CAHO or the Attorney General.

• The Attorney General will enter an order that adopts, modifies, vacates, or remands the final order under review.  The Attorney General’s order will be stated in writing and will be transmitted to all parties in the case and to the CAHO.

• If the Attorney General remands the case, the CAHO or the Administrative Law Judge will conduct further proceedings consistent with the Attorney General’s order.

• No specific time limit is established for the Attorney General’s review.

(c) Final Agency Order

If the Attorney General enters an order adopting, modifying, or vacating (and not remanding) the final order, the Attorney General’s order will become the final agency order on the date of the Attorney General’s order.