Attachment B Immigration Court Practice Manual - Section 1.4 Jurisdiction.pdf
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- Post-Release Legal Services Federal contract opportunity
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- 75ACF124R00004
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This document is the Immigration Court Practice Manual, which provides guidance on the jurisdiction and authority of immigration judges. Key details are:
Immigration judges have broad authority over matters brought before the immigration courts, including making determinations of removability, deportability, and excludability, adjudicating applications for relief from removal or deportation, reviewing credible fear and reasonable fear determinations, and conducting custody hearings and bond redetermination proceedings, among other responsibilities. However, they do not have jurisdiction over certain immigration-related matters such as visa petitions, employment authorization, naturalization applications, and parole into the United States.
The related federal contract opportunity is a Request for Proposal (RFP) issued by the Department of Health and Human Services Administration for Children and Families to solicit offers for a Multiple-Award Indefinite Delivery Indefinite Quantity (MA-IDIQ) contract to provide commercial Post-Release Legal Services for Unaccompanied Children post-release from ORR care and custody.
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Text version
Immigration Court Practice Manual Chapter 1 The Immigration Court www.justice.gov/eoir/reference-materials/ic 9 This chapter last updated: October 25, 2023
Responsibility. All concerns, and any actions taken, may be considered confidential and not subject to disclosure.
1.4 Jurisdiction and Authority
(a) Jurisdiction — Immigration judges generally have the authority to:
Make determinations of removability, deportability, and excludability
Adjudicate applications for relief from removal or deportation, including, but not limited to, asylum, withholding of removal (“restriction on removal”), protection under the Convention Against Torture, cancellation of removal, adjustment of status, registry, and certain waivers
Review credible fear and reasonable fear determinations made by the Department of Homeland Security (DHS)
Conduct claimed status review proceedings
Conduct custody hearings and bond redetermination proceedings
Make determinations in rescission of adjustment of status and departure control cases
Take any other action consistent with applicable law and regulation as may be appropriate, including such actions as ruling on motions, issuing subpoenas, and ordering pre-hearing conferences and statements
Conduct disciplinary proceedings pertaining to practitioners, as discussed in Chapter 10 (Discipline of Practitioners)
Administer the oath of citizenship in administrative naturalization ceremonies conducted by DHS
Conduct removal proceedings initiated by the Office of Special Investigations
See 8 C.F.R. §§ 1240.1(a), 1240.31, 1240.41.
(b) No Jurisdiction — Although immigration judges exercise broad authority over matters brought before the immigration courts, there are certain immigration-related matters over which immigration judges do not have authority, such as:
Visa petitions
Employment authorization
Certain waivers
Naturalization applications
Revocation of naturalization
Parole into the United States under INA § 212(d)(5)
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