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Diego Gil Guide: Administrative Law

Immigration Law and Procedure

Administrative Structure

In November  2002, Congress passed the Homeland Security Act which abolished the Immigration and Naturalization Service and transferred most immigration functions to the Department of Homeland Security. There are six major departments of the executive branch of the federal government involved in the immigration process:

  1. The Department of Homeland Security;
  2. The Department of State;
  3. The Department of Justice;
  4. The Department of Labor;
  5. The Department of Health & Human Services; and
  6. The Social Security Administration

Administrative Regulations

Code of Federal Regulations: Title 8 of the CFR deals with "Aliens and Nationality". Title 8 is available in full on the USCIS website. However, many other sections of the CFR also deal with immigration issues and are also available on the USCIS website.

Federal Register 

Administrative Rulings

Board of Immigration Appeals (BIA) Decisions

  • Board of Immigration Appeals: rulings available from vol. 8, 1955; includes cumulative indexes for all volumes as well.
  • Lexis (Browse > Sources > Immigration Precedent Decisions): August 29, 1940 to present.
  • Lexis BIA & Administrative Appeals Office (AAO)/Administrative Appeals Unit (AAU) Non-Precedent Decisions (Browse > Sources > Immigration Non-Precedent Decisions: BIA, AAO/AAU): February 1985 to present.
  • Westlaw: August 1940 to present
  • Administrative Decisions Under Immigration and Nationality Laws (published 1940 - 2006) KF4812 .A2 (print)
  • Hein's Cumulative Index to Interim Precedent Decisions of the Board of Immigration Appeals KF4812.7 .H45 (print)

Decisions issued by the U.S. Department of Justice, Immigration and Naturalization Service, Administrative Appeals Office (AAO) (formally the Administrative Appeals Unit (AAU)).

  • USCIS: provides Administrative Decisions from 2005 - present. The decisions are organized by subject area, and are available in PDF format.
  • Lexis (Browse > Sources > Immigration Precedent Decisions): August 29, 1940 to present.
  • Lexis BIA & AAO/AAU Non-Precedent Decisions (Browse > Sources > Immigration Non-Precedent Decisions: BIA, AAO/AAU): February 1985 to present.
  • Westlaw: 1989 to present

OCAHO Decisions (Immigration-related decisions issued by the Chief Administrative Hearing Officer of the Department of Justice)

  • OCAHO: arranged by volume number.
  • Lexis (Browse > Sources > Office of Chief Admin. Hearing Officer Immigration Review Decisions): March 11, 1988 to present.
  • Westlaw: March 1988 to present
  • Cumulative Index of Administrative Law Judge and Chief Administrative Hearing Officer Decisions KF4812.7 .U5 (print, Law Library has 1991 - 1997)

BALCA Decisions (Decisions of the Department of Labor Board of Alien Labor Certification Appeals)

  • Lexis (Browse > Sources > Board of Alien Labor Certification Appeals Decisions): February 1987 to present.
  • Westlaw: Nov. 1987 to present
  • OALJ Law Library Immigration Collection (Office of Administrative Law Judges, Department of Labor): includes BALCA decisions and BALCA en banc decisions.

CITATIONS

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