Other Fields
Agency Scheme: 
DOJXEOIR0002
Level: 
Appeal Level One
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): 
Chief Administrative Hearing Officer
Are administrative appeals permitted from final decisions issued by this appellate office?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 
In a case arising under section 274A or 274C of the Immigration and Nationality Act (INA), the Chief Administrative Hearing Officer (CAHO) has discretionary authority, pursuant to sections 274A(e)(7) and 274C(d)(4) of the INA and 5 U.S.C. 557, to review any final order of an Administrative Law Judge in accordance with the provisions of 28 CFR 68.54. A party may file with the Chief Administrative Hearing Officer a written request for administrative review within ten (10) days of the date of entry of the Administrative Law Judge's final order, stating the reasons for or basis upon which it seeks review. The Chief Administrative Hearing Officer may review an Administrative Law Judge's final order on his or her own initiative by issuing a notification of administrative review within ten (10) days of the date of entry of the Administrative Law Judge's order. This notification shall state the issues to be reviewed. 28 CFR 68.54(a).
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
60.00%
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 68.53-68.55
Other published guidance for appeal hearings (if any): 
Sections 274A(e)(7) and 274C(d)(4) of the INA.
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Video
Phone
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
In-Person: 
0%
Video: 
0%
Phone: 
0%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
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?: 
Yes
Are appeal hearings open to the public?: 
Presumed Open (But May Be Closed Under Certain Conditions)
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?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
An order by the Chief Administrative Hearing Officer modifying, vacating, or remanding the Administrative Law Judge's order must be entered on or before 30 days subsequent to the date of entry of the ALJ's final order.
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
21 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (Some Types of Cases)
If "Yes (Some Types of Cases)," please describe types of decisions/cases that are judicially reviewable: 
If the Chief Administrative Hearing Officer (CAHO) enters a final order that modifies or vacates the Administrative Law Judge's final order, and the CAHO's order is not referred to the Attorney General pursuant to 28 CFR 68.55, then the CAHO's order becomes the final agency order 30 days after the date of the order and may be appealed to the appropriate federal circuit court of appeals.
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
First-In/First-Out Basis
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).
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
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
The number provided on page 5 in response to the question "About how long does it take on average—as of FY2013—to adjudicate appeals by this office (i.e., from notice of appeal to issuance of final decision)?" is just for the reviews received and completed in FY2013. We did not track this data for previous fiscal years.
ADJUDICATORS
Total # of Appeal Officers: 
1
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
5
Total # Cases Decided/Closed (FY2013): 
5
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
WRAP-UP
Setting aside budgetary or legislative constraints (if any), does your agency have a "wish list" of processes or procedures (e.g: 
The Office of the Chief Administrative Hearing Officer (OCAHO) is conducting an email filing pilot project. OCAHO is interested in (and is actively researching options for) a permanent, web-based electronic filing system for OCAHO cases, including administrative reviews, in order to reduce the time, expense, and delay incurred by paper filings.
Verified by Agency: 
Verified