Scheme Nickname: 
OCAHO Non-removal Hearings

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.

Comments/Notes on Adjudication Structure: 
Hearing level decisions can be reviewed at appeal level #1 at the request of either party or agency discretion. Hearing level decisions may also bypass appeal level #1 per the direction of the Attorney General and go directly to review at appeal level #2. Alternatively, decisions can go through each level starting at the hearing level, then to a review at appeal level #1, and then to appeal level #2. Additionally, depending on the case type, some cases reach the final agency decision at the hearing level and are subject to judicial review. Other cases are subject to administrative review and depending on what appeal levels they reach, will be subject to judicial review at appeal level #1 or #2, whichever constitutes the final agency decision in that particular case.
Types of Adjudication: 
Type A
Resources & Articles: 
OCAHO Fact Sheet:
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