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Chapter 8 - Review and Appeal

8.2 - Review of Final Orders by the Chief Administrative Hearing Officer

(a) Authority

In cases arising under INA §§ 274A and 274C, the CAHO may review any final order issued by the ALJ.

(b) Filing and Service of a Request for Review and Related Documents

A party seeking review by the CAHO of a final order of the ALJ must file a request for administrative review within 10 days of the date of entry of the ALJ’s final order.

All requests for review, briefs, and other filings related to review by the CAHO must be filed and served by facsimile or same-day hand-delivery (or, if such filing and service cannot be made, by overnight delivery). If a party files a document related to review by the CAHO by facsimile, the party must concurrently forward the original signed document to OCAHO.

The request for review must state the reasons for or basis upon which the party seeks review.

(c) Notification of Administrative Review

The CAHO may initiate an administrative review on their own initiative by issuing a notification of administrative review within 10 days of the date of entry of the ALJ’s final order. This notification will state the issues to be reviewed.

(d) Written and Oral Arguments

In any case in which administrative review has been properly requested or ordered, the parties may file briefs or other written statements within 21 days of the date of entry of the ALJ’s final order.

At the request of a party, or on the CAHO’s own initiative, the CAHO may permit or require additional filings, or may conduct oral argument in person or telephonically.

(e) Decision and Order of the Chief Administrative Hearing Officer

Within 30 days of the date of entry of the final order by the ALJ (but not before the time for filing briefs has expired), the CAHO may enter an order modifying or vacating the ALJ’s order or remanding the case to the ALJ for further proceedings.

If the CAHO enters an order remanding the case to the ALJ, the ALJ will conduct further proceedings consistent with the CAHO’s order.

The CAHO is not obligated to enter an order unless the ALJ’s order is modified, vacated, or remanded.

(f) Final Agency Order

If the CAHO enters an order modifying or vacating (and not remanding) the ALJ’s final order, and the CAHO’s order is not referred to the Attorney General pursuant to 28 C.F.R. § 68.55, the CAHO’s order will become the final agency order 30 days after the date of entry of the order.