Formal proceedings presided over by ALJs in which the EOIR decides non-removal related cases. More specifically, these cases relate to employer sanctions under 8 USC 1324a, document fraud under 8 USC 1324c, and unfair immigration-related employment practices under 8 USC 1324b. DHS brings employer sanctions and document fraud cases before EOIR after conducting its own investigation and issuing a Notice of Intent to Fine. The employer may either pay the fine or request a hearing. Unfair immigration-related employment practices cases are initiated when individuals feel they have been discriminated and file a charge with the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the DOJ's Civil Rights Division ("OSC"). The OSC has 120 days to decide whether or not to file a complaint with the Office of the Chief Administrative Hearing Officer ("OCAHO"), and if OSC chooses not to file a complaint, the individual who filed the charge may file a complaint with OCAHO on his/her own.
ALJ decisions in employer sanctions and document fraud cases may be reviewed by the Chief Administrative Hearing Officer ("CAHO") and/or by the Attorney General. After the final agency decision, parties have 45 days to file an appeal with the appropriate federal circuit court. ALJ decisions in immigration-related employment discrimination cases are not subject to administrative appeal, but parties have 60 days to file an appeal with the appropriate federal circuit court.