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DOJXEOIR0002 - Appeal Level 2 - Procedures

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Agency Scheme:

DOJXEOIR0002

Level:

Appeal Level Two

ADJUDICATION STRUCTURE

Appeals: Basic Structure

Appeal Office (local name):

Office of the Chief Administrative Hearing Officer

Appeal Office (global name):

Department of Justice: Office of the Chief Administrative Hearing Officer

Sub-Agency/Bureau/Division::

Executive Office for Immigration Review

Appeal Officer #1 (Title):

Attorney General

Are administrative appeals permitted from final decisions issued by this appellate office?:

No

Comments/Notes on Adjudication Structure:

Per the direction of the Attorney General, in some cases Appeal Level 1 may be bypassed and the Attorney General will directly review the final order of the ALJ from the hearing level. 28 CFR 68.55(a).

PROCESS & PROCEDURE - General Information

Which party (or parties) is/are permitted to file appeals with this office?:

Agency

Are private parties permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as a private party representative?:

Either

Is the agency permitted to have representation at appeal hearings?:

Yes (All Types of Cases)

Who may serve as an agency representative?:

Attorney

Are ex parte contacts prohibited?:

Yes (All Types of Cases)

Regulations/rules of practice for appeal hearings (please include CFR citations):

28 CFR 68.55

PROCESS & PROCEDURE - Hearing Procedure

What types of hearings are permitted on appeals adjudicated by this office?:

Written (Document-Only) Hearing

How is the type of hearing selected for appeals heard by this office?:

Required by Rule

How many appeal officers preside at each hearing?:

One

Is factual development permitted at the appellate hearing as a means of supplementing the record from below?:

No

Can third-parties submit amicus briefs and/or evidence?:

No

Are appeal hearings recorded and/or transcribed?:

N/A (Document-Only Hearings)

Are appeal hearings open to the public?:

N/A (Document-Only Hearing)

PROCESS & PROCEDURE - Post-Hearing Procedure

Who typically drafts final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Staff Attorney

Who has authority to issue final decisions on appellate cases adjudicated by this office?:

Adjudication Officer

Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?:

No

If "Yes," please specify these time limit(s):

Under 28 CFR 68.55(c), "[n]o specific time limit is established for the Attorney General's review."

Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?:

Yes (All Types of Cases)

PROCESS & PROCEDURE - Case Management

Please briefly describe your case management practice(s) at this office:

We do not have enough information to answer this question.

Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?:

No

Are final decisions issued by this appellate office published and/or posted on the agency website?:

Yes (Some Decisions)

If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe:

The Office of the Chief Administrative Hearing Officer publishes all substantive decisions that have been selected for and may be used as precedent pursuant to 5 U.S.C. section 552(a)(2). If the Attorney General were to issue a written final agency decision on appeal, it would be published/posted.

Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?:

No

Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?:

No

ADJUDICATORS

Total # of Appeal Officers:

1

Information About Appeal Officer:

Adjudication Officer Title	Pay Plan	Pay Range	Are persons in this position subject to performance evaluation?	Are persons in this position employed full-time as adjudication officers?	If "No", briefly describe other duties:	Are persons in this position subject to quality control measures or production goals?
Attorney General	EX	I-V	No	No	The Judiciary Act of 1789 created the Office of the Attorney General which evolved over the years into the head of the Department of Justice and chief law enforcement officer of the Federal Government. The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.	No

ADR: General Information

Is ADR available at one or more points for appellate cases heard by this office?:

No

ADR – Summary Statistics

For Fiscal Year 2013, please provide the following annual ADR statistics:

CASELOAD STATISTICS - Summary Statistics

Total # Cases Filed/Opened (FY2013):

0

Total # Cases Decided/Closed (FY2013):

0

Total # Cases Pending (End of FY2013):

0

CASELOAD STATISTICS - Supplementary Statistics

Supplementary Caseload Statistics by Case Type:

Verified by Agency:

Verified

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DOJXEOIR0002 - Appeal Level 2 - Procedures