2.10 - Ex Parte Communications

(a) Generally

Except with other employees of the Executive Office for Immigration Review, the Administrative Law Judge (ALJ) (or the Chief Administrative Hearing Officer (CAHO), if the matter is under review) may not consult any person or party on any fact in issue unless notice and an opportunity to participate is given to all parties.  See 28 C.F.R. § 68.36(a).  Therefore, parties, representatives, and other individuals must not communicate (or attempt to communicate) with the ALJ or CAHO on any issue of law or fact relevant to a particular proceeding before the Office of the Chief Administrative Hearing Officer (OCAHO) unless all parties to the proceeding are given notice and an opportunity to respond.