Executive Office for Immigration Review
Falls Church, VA 22041
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| DIRECTOR ||James R. McHenry III |
The Executive Office for Immigration Review (EOIR), under a delegation of authority from the Attorney General, is charged with adjudicating matters brought under various immigration statutes before its three administrative tribunals: the Office of the Chief Immigration Judge, the Board of Immigration Appeals, and the Office of the Chief Administrative Hearing Officer.
The Office of the Chief Immigration Judge provides overall direction for more than 300 immigration judges located in 58 immigration courts throughout the Nation. Immigration judges are responsible for conducting formal administrative proceedings and act independently in their decision-making capacity. Their decisions are administratively final, unless appealed or certified to the BIA.
In removal proceedings, an immigration judge determines whether an alien should be removed or allowed to remain in the United States. Judges are located throughout the United States, and each judge has jurisdiction to consider various forms of relief available under the law.
The Board of Immigration Appeals (BIA) has nationwide jurisdiction to hear appeals from certain decisions made by immigration judges and by district directors of the Department of Homeland Security (DHS). In addition, the BIA is responsible for hearing appeals involving disciplinary actions against attorneys and representatives before DHS and EOIR.
Decisions of the BIA are binding on all DHS officers and immigration judges unless modified or overruled by the Attorney General or a Federal court. All BIA decisions are subject to judicial review in Federal court. The majority of appeals reaching the BIA involve orders of removal and applications for relief from removal. Other cases before the BIA include petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of the immigration laws, and motions for reopening or reconsideration of decisions previously rendered.
The Office of the Chief Administrative Hearing Officer (OCAHO) is headed by a Chief Administrative Hearing Officer (CAHO), who is responsible for the general supervision and management of administrative law judges (ALJs). OCAHO ALJs preside at hearings that are mandated by provisions of immigration law concerning allegations of unlawful employment of aliens, employment eligibility verification violations (“employer sanctions), unfair immigration-related employment practices, and immigration document fraud. ALJ decisions in employer sanctions and document fraud cases may be reviewed by the CAHO and the Attorney General, and all OCAHO cases may be appealed to the appropriate U.S. Circuit Court of Appeals.
Sources of Information
The "Guide to Federal Records in the National Archives of the United States" indicates that EOIR records have been assigned to record group 582. The guide does not contain, however, a description that is currently associated with this record group.https://www.archives.gov/research/guide-fed-records/index-numeric/501-to-600.html
Phone numbers and email and postal addresses are available on the "Contact EOIR" web page.https://www.justice.gov/eoir/contact-eoir
| Email: PAO.EOIR@usdoj.gov
Significant documents and documents that the EOIR recently published in the Federal Register are accessible online.https://www.federalregister.gov/agencies/executive-office-for-immigration-review
The "EOIR Forms" web page has most of the forms that one needs for filing with the Board of Immigration Appeals, the Immigration Courts, and the Office of the Chief Administrative Hearing Officer.https://www.justice.gov/eoir/forms
Freedom of Information Act (FOIA)
To any person, the FOIA gives a statutory right for obtaining access to Government information in the records of executive branch agencies. This right to access is limited, however, when the requested information is shielded from disclosure by any of nine exemptions contained within the statute. The EOIR maintains four electronic libraries: archived resources, frequently requested agency records, proactive disclosures, and reference materials. Before submitting a FOIA request, an information seeker should browse these library collections to verify that the desired information is not available, immediately and free of charge.https://www.justice.gov/eoir/freedom-information-act-foia
An alphabetical list of immigration courts, which are arranged by State and by cities within a State, is available online.https://www.justice.gov/eoir/eoir-immigration-court-listing
The "Find Legal Representation" web page has resources for those seeking representation.https://www.justice.gov/eoir/find-legal-representation
A virtual law library that serves as a complement to the Law Library and Immigration Research Center is available online.https://www.justice.gov/eoir/virtual-law-library
The EOIR has a Facebook account.https://www.facebook.com/doj.eoir
The EOIR tweets announcements and other newsworthy items on Twitter.https://twitter.com/DOJ_EOIR