2.6 - Government Parties

(a) Generally

The Department of Homeland Security, Immigration and Customs Enforcement, and the Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section, may be represented by their respective counsel in prosecuting Office of the Chief Administrative Hearing Officer (OCAHO) proceedings.

(b) Separation of Functions

Any officer, employee, or agent of the Federal Government who performs investigative or prosecutorial functions in connection with any proceeding before OCAHO is not allowed to participate or advise in the decision of the Administrative Law Judge in that proceeding or any factually related proceeding, except as a witness or counsel in the proceedings.