Other Fields
Agency Scheme: 
Level: 
Appeal Level Two
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
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
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): 
0
Total # Cases Decided/Closed (FY2013): 
0
Total # Cases Pending (End of FY2013): 
0
WRAP-UP
Do you have any additional comments about your agency's responses on this form? If so, please provide comments below.: 
The Office of the Chief Administrative Hearing Officer (OCAHO) has no record of an OCAHO decision or case ever being formally reviewed by the Attorney General under 28 CFR 68.55. Accordingly, we do not have enough information to answer many of the questions on this form regarding the precise procedures the Attorney General would use to conduct a review. Wherever ACUS supplied a draft response, we left that answer unchanged in the absence of any information to the contrary. However, we cannot be sure that those responses are entirely correct because we have no practical experience with the conduct of a review by the Attorney General.
Verified by Agency: 
Verified