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Part I - Introduction

1.3- EOIR Jurisdiction and Authority

(a) In General – The Executive Office for Immigration Review (EOIR) derives its jurisdiction from the Immigration and Nationality Act (INA), which authorizes the Attorney General to exercise the authorities and functions in the INA and all other laws relating to the immigration and naturalization of aliens. See INA § 103(g)(1).

(b) Powers – The INA authorizes the Attorney General to establish regulations, prescribe such forms, issue instructions, review administrative determinations in immigration proceedings, delegate authority, and perform acts necessary for carrying out the INA. INA § 103(g)(2).  

(c) EOIR Adjudicatory Offices – For more information on each of EOIR’s adjudicatory components, see the following:   

         (1) Office of the Chief Immigration Judge (OCIJ), Part II, Chapter 1.4.

         (2) Board of Immigration Appeals (Board), Part III, Chapter 1.4.

         (3) Office of the Chief Administrative Hearing Officer (OCAHO), Part IV, Chapter 1.3