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Immigration Law Research: Administrative Decisions

Executive Office for Immigration Review (EOIR)

The Executive Office for Immigration Review (EOIR) conducts immigration court proceedings, appellate reviews, and administrative hearings.

Immigration Law Judges (Administration Law Judges) handle issues dealing with deportation, exclusion and removal. These decisions are available from various different sources including:

Administrative Decisions Under Immigration & Nationality Laws (GPO, 1940-).  2d Floor – General Collection KF4812 .A23; HeinOnline.

Interpreter Releases (Thomson/West 1923—). 2d Floor – General Collection JK1751 .C55; Westlaw (INTERREL).

Attorney General  & BIA Precedent Decisions (DOJ 1955-), available at http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html.

In addition rules of procedure and operating guidelines for practicing before the EOIR are published in the Immigration Court Practice Manual.

U.S. Department of Labor Decisions

The U.S. Department of Labor (DOL) Office of Administrative Law Judges makes determinations on labor certifications. 

DOJ Office of Immigration Litigation

The Office of Immigration Litigation (OIL) provides support and advice to federal agencies involved in admission, regulation and removal cases. Some of these documents may have been made available pursuant to FOIA request; others may be published in the Immigration Litigation Bulletin. 

Board of Immigration Appeals

The Board of Immigration Appeals (BIA) reviews the decisions of Immigration Judges, the Department of Homeland Security (DHS), waivers of inadmissibility, fines and penalties and refusal to release foreign nationals in custody. The board reviews questions of fact by a “clearly erroneous” standard and questions of law de novo.

Decisions of the BIA are published in the following resources:

Administrative Decisions Under Immigration & Nationality Laws (GPO, 1940-).  2d Floor – General Collection KF4812 .A23; HeinOnline.

Interpreter Releases (Thomson/West 1923—). 2d Floor – General Collection JK1751 .C55; Westlaw (INTERREL).

Immigration Non-Precedent Decisions: BIA, AAO/AAU (Matthew Bender 1985-). LexisNexis (IMMIG; BIAAAU).

Attorney General & BIA Precedent Decisions (DOJ 1955-), available at http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html.

Board of Immigration Appeals’ Administrative Decisions (DOJ 1940-). Westlaw (FIM-BIA). 

Board of Alien Labor Certification Appeals (BALCA)

The Board of Alien Labor Certification Appeals reviews denied, revoked and debarred labor certifications. These decisions are available from various sources:

BALCA En Banc and Select Panel Decisions (U.S. Dept. of Labor 1987-) available at http://www.oalj.dol.gov/libina.htm; on LexisNexis (BALCA), and Westlaw (FIM-BALCA). 

Office of the Chief Administrative Hearing Officer (OCAHO)

The Office of the Chief Administrative Hearing Officer (OCAHO) hears cases involving employer sanctions, civil document fraud and unfair immigration/employment practices. These decisions are published in:

Administrative Decisions Under Employer Sanctions Unfair Immigration-Related Employment Practices and Civil Penalty Document Fraud Laws of the United States (OCAHO, EOIR 1988-). HeinOnline

These decisions are available online from the Executive Office for Immigration Review. Indexes are available as well. In addition these decisions can also be found in the LexisNexis database Immigration Decisions of Office of Chief Administrative Hearing Officer (OCAHO). Westlaw also hosts Immigration Related Decisions of Office of Chief Administrative Hearing Officer (FIM-OCAHO). 

Administrative Appeals Office (AAO)

USCIS has an Administrative Appeals Office (AAO) which reviews decisions made by USCIS. These decisions might include non-family based visa petitions, employment-based immigration petitions, immigration waivers, and determinations on legalization and TPS applications. These decisions are available from the following sources:

Bender’s Immigration Bulletin (Matthew Bender 1996-). 2d Floor - General Collection KF4802 .B46; LexisNexis (IMMIG;IMMBUL).

Administrative Decisions since 2005 are also available on the USCIS website.

LexisNexis: Federal Immigration Agency Decisions (IMMIG;IMMAGN)

Westlaw: Federal Immigration – Administrative Appeals Unit Decisions (FIM-AAU)