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Original Date Announced
November 3, 2020EOIR publishes a final reorganization rule, cementing the delegation of authority from the AG to the EOIR Director to decide BIA cases not adjudicated in the allotted time frame and giving the Director the ability to control case processing through the newly created Office of Policy. The Director has also been given the broad authority to publish precedent cases and appropriates the BIA's authority to certify cases to the AG.
Under the final regulations, a number of agency authorities are reassigned to the Office of Policy. The rule reduces the role of EOIR's Office of General Counsel (OGC) by reassigning some of its responsibilities to the Office of Policy, prohibiting EOIR OGC from giving guidance on immigration law developments to the court components and reserving such guidance to the Office of Policy. The rule also reassigns the Office of Legal Access Programs (OLAP) -- which contains the Legal Orientation Program (LOP) -- from the Director's Office to the Office of Policy.
The rule renames Board Members "Appellate Immigration Judges."
[ID #214]
Organization of EOIR, 85 Fed Reg 69465Effective Date
November 3, 2020Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: RuleSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRPre Trump-Era Policies
- August 26, 2019 Organization of the Executive Office for Immigration Review
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
Original Source:
Organization of the Executive Office for Immigration Review
- Commentary
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Commentary
Original Source:
NAIJ Comment - Interim Rule on EOIR Organization
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Commentary
Original Source:
AILA - Comment on Organization of EOIR
Commentary
NY Bar Committee Report - Opposition to Interim Rule
Go to articleNAIJ Comment - Interim Rule on EOIR Organization
Go to articleAILA - Comment on Organization of EOIR
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