1.1 - Scope

(a) Generally

This Part is a guide that sets forth the applicable rules of practice and procedure for cases before the Office of the Chief Administrative Hearing Officer (OCAHO) in the Executive Office for Immigration Review.  The guidance set forth in this manual should be followed by the parties who appear before OCAHO, unless the Chief Administrative Hearing Officer or presiding Administrative Law Judge (ALJ) directs otherwise.  Guidance set forth in this manual does not relieve the parties from their obligations to be familiar with and to follow controlling law and regulations governing adjudication of cases before the OCAHO.  This Policy Manual does not limit the discretion of ALJs to act in accordance with law and regulation.

(b) Applicability of Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure may be used as a general guide in any situation not provided for or controlled by: