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EOIR rule expands Director's authority over BIA and expands authority of EOIR Office of Policy

  1. Date Announced

    Nov. 3, 2020

    EOIR 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]

    View Policy Document
  2. Effective Date of Change

    Nov. 3, 2020
Status: Final/Actual
Type of Action: Rule
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

Commentary

New York Bar Committee Report - Opposition to Interim Rule and Subsequent Organizational Changes to EOIR

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NAIJ Comment - Interim Rule on EOIR Organization

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AILA - Comment on Organization of EOIR

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