"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt and Dr. Alicia Triche, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
The Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ) is seeking a highly-qualified individual to join our team of expert professionals who serve as Appellate Immigration Judges.
This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent upon appointment by the Attorney General.
This position is in the Board of Immigration Appeals, within the Executive Office for Immigration Review. The incumbent reports to a Deputy Chief Appellate Immigration Judge, who in turn reports to the Chief Appellate Immigration Judge.
Appellate Immigration Judges must apply immigration laws impartially, humanely, and equitably and ensure that all parties are treated with respect and dignity. They also must resolve cases expeditiously, in accordance with all applicable laws and regulations, and consistent with the Department’s priorities and policies.
Appellate Immigration Judges are commissioned to serve in formal, quasi-judicial proceedings to review the determinations of immigration judges in removal and related proceedings, and of certain officers of the U.S. Department of Homeland Security in visa petition proceedings and other matters. All Appellate Immigration Judges review the record on appeal, including briefs, exhibits, and transcripts, and hear oral argument when appropriate. An Appellate Immigration Judge may concur or dissent based on their view of any given case. The majority of the Appellate Immigration Judges’ duties fall into the general categories of removal proceedings, discretionary relief, claims of persecution, stays of removal, visa petitions, administrative fines, and bond and detention.
The majority of an Appellate Immigration Judge’s duties will be dedicated to the appellate work, but an Appellate Immigration Judge must also be qualified, and may be called upon, to conduct trial level proceedings in the role of an immigration judge.
Appellate Immigration Judges make decisions that are final, subject to appeal to the Federal courts. In connection with these proceedings, Appellate Immigration Judges exercise certain discretionary powers as provided by law and are required to exercise independent judgment in reaching final decisions.
Employment is contingent upon the completion and satisfactory adjudication of a background investigation.
Selective Service Registration is required, as applicable.
Moving and Relocation Expense are not authorized.
You must have relevant experience (see “Qualifications” below.)
Qualifications must be met by the closing date of the announcement.
If selected, you must file a financial disclosure statement in accordance with the Ethics in Government Act of 1978.
You must receive your Federal salary by Direct Deposit (to a financial institution of their choosing).
Qualifications
In order to qualify for the Appellate Immigration Judge position, applicants must meet all of the following minimum qualifications:
Education: Applicants must possess a LL.B., J.D., or LL.M. degree. (Provide the month and year in which you obtained your degree and the name of the College or University from which it was conferred/awarded.)
AND
Licensure: Applicants must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of any state, territory of the U.S., or the District of Columbia. (Provide the month and year in which you obtained your first license and the State from which it was issued.)
AND
Experience: Applicants must have seven (7) years of post-bar admission experience as a licensed attorney preparing for, participating in, and/or appealing formal hearings or trials involving litigation and/or administrative law at the Federal, State or local level. Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, a grand jury, or appropriate military authority. Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body.
NOTE: Qualifying experience is calculated from the date of your first admission to the bar.
In addition, successful applicants will have a strong combination of experience demonstrating that they will perform at the level of competence, impartiality, and professionalism expected of an Appellate Immigration Judge. For more information about relevant experience and knowledge, please see the “How You Will Be Evaluated” section.
Additional information
This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent upon appointment by the Attorney General.
Additional positions may be filled from this announcement within 90 days of certificate issuance.
Alternative work schedule options are available.
There is no formal rating system for applying veterans’ preference to Appellate Immigration Judge appointments in the excepted service; however, the Department of Justice considers veterans’ preference eligibility as a positive factor in Appellate Immigration Judge hiring. Applicants eligible for veterans’ preference must claim their status when completing their application in the online application process and attach supporting documentation. (See “Required Documents” section.)
Conditions of Employment: Only U.S. Citizens or Nationals are eligible for employment with the Executive Office for Immigration Review. Dual citizens of the U.S. and another country will be considered on a case-by-case basis. All DOJ applicants, both U.S. Citizens and non-citizens, whose job location is with the United States, must meet the residency requirement. For a total of three (not necessarily consecutive years) of the five years immediately prior to applying for a position, the applicant must have: 1) resided in the United States; 2) worked for the United States overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.
As the Federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
Additional Information: The COVID-19 vaccination requirement for Federal employees pursuant to Executive Order 14043 does not currently apply. Some jobs, however, may be subject to agency- or job-specific vaccination requirements, so please review the job announcement for details. To ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified or vacated, depending on the course of ongoing litigation, the Federal government will take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. Therefore, to the extent a Federal job announcement includes the requirement that applicants must be fully vaccinated against COVID-19 pursuant to Executive Order 14043, that requirement does not currently apply.
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Benefits
How You Will Be Evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
You will be evaluated for this job based on how well you meet the qualifications above.
Applicants meeting the minimum qualifications stated above will be further evaluated to determine those who are best qualified. This determination will be based, in part, on the following Quality Ranking Factors (QRFs), which need to be addressed as part of the application package.
Ability to demonstrate the appropriate temperament to serve as a judge. Appellate Immigration Judges need to possess traits such as compassion, decisiveness, open-mindedness, courtesy, patience, freedom from bias, and commitment to equal justice under the law. Additionally, individuals in this role are expected to exercise discretion, and articulate how that discretion is being exercised, in complex, sensitive, high-pressure and/or emotional situations. A strong candidate demonstrates excellent analytical, decision-making, and writing abilities.
Litigation or adjudication experience, preferably in a high volume judicial or administrative context. Appellate Immigration Judges often must balance a variety of skills that can include managing a high volume of cases, drafting decisions, and reviewing an administrative record at the appellate level. It is vital that a candidate is able to manage a high-volume docket under tight deadlines without compromising quality.
Experience conducting administrative hearings or adjudicating administrative cases. Appellate Immigration Judges are expected to decide difficult or complex issues, particularly those that impact people’s lives. Prior adjudication experience in other tribunals – Federal, state, local, military or other court systems – is ideal, however, adjudications experience may be drawn from non-courtroom settings. For candidates who have limited adjudications experience, significant litigation experience before EOIR or extensive litigation experience in settings comparable to an immigration court setting may be considered.
Experience handling complex legal issues. Immigration law often involves handling complex legal issues. This role requires being able to work through complicated fact patterns and issues, novel areas of the law, as well as learning, adapting to, and incorporating changes in the law.
Knowledge of immigration laws and procedures. In this role, depth and/or volume of immigration law experience is important. Candidates should have meaningful experience applying complex immigration law, which can include representing non-citizens or the Federal government in matters involving complex or diverse immigration laws, adjudicating immigration matters, legislative or administrative advocacy on immigration policy issues, academic or clinical experience, and other similar work that involves routine analysis and application of immigration law.
To apply for this position, you must provide a complete Application Package by 11:59 PM (ET) on 04/12/2024, the closing date of this announcement, which includes:
Your Resume documenting seven (7) years experience since being admitted to the bar.
A complete online Assessment Questionnaire.
Document(s)addressing the Quality Ranking Factors (QRFs) listed above.
A Writing Sample demonstrating your ability to author legal documents (10 pages, maximum; an excerpt of a longer document is acceptable).
Current or former Federal employees must provide copies of their most recent and their latest SF-50, Notification of Personnel Action.
Other Supporting Documents, if applicable:
Veterans’ Preference Documentation: Although the veterans’ preference point system does not apply to this position, we accept preference claims and adjudicate such claims per the documentation provided. Note: If claiming 5-point veterans’ preference, include a DD-214 or statement of service. If claiming 10-point veterans’ preference, include an SF-15 and documentation required by that form, VA or military letter dated 1991 or later, and DD-214.
Any other supporting documentation required for verification as described in the announcement.
Tips for your resume:
Ensure that your resume contains your full name, address, phone number, email address, and employment information.
Each position listed on your resume must include: From/To dates of employment (MM/YYYY-MM/YYYY or MM/YYYY to Present); agency/employer name; position title; Federal grade level(s) held, if applicable; hours, if less than full time; and duties performed.
In addition, any experience on less than a full time basis must specify the percentage and length of time spent in performance of such duties.
Tips for addressing QRFs:
Applicants should use narrative form to address each of the five (5) QRFs. They must be written in a separate document indicating the by-number of the specific QRF being addressed.
Successful applicants will address all of the QRFs. If you do not have the specific experience addressed in a QRF, we encourage you to write about a similar skill, ability, knowledge, or experience.
Applicants should be thorough in addressing each QRF. This includes:
Approximate number of cases or matters handled in a given period of time.
Applicant’s specific role (e.g., adjudicator, first chair, co-counsel, responsible for the written brief only, etc.).
Length of time involved in a given role (e.g., lead counsel in 20 immigration proceedings in 10 years).
Specific examples of the types of cases (asylum application, pleas, settlement, bench trial, jury trial, etc.).
The number of court and/or administrative appearances made in those cases.
The case dispositions (ruling on the merits, plea or similar resolution, settlement, trial, jury trial, etc.).
Failure to submit the documents listed above with your application package will result in your application package being removed from consideration.
If you are relying on your education to meet qualification requirements:
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
You must submit a complete application package by 11:59 PM (EST) on 04/12/2024, the closing date of the announcement.
To begin, click Apply Online to create a USAJOBS account or log in to your existing account. Follow the prompts to select your USAJOBS resume and/or other supporting documents and complete the occupational questionnaire.
Click the Submit My Answers button to submit your application package.
It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.
To verify your application is complete, log into your USAJOBS account, select the Application Status link and then select the more information link for this position. The Details page will display the status of your application, the documentation received and processed, and any correspondence the agency has sent related to this application. Your uploaded documents may take several hours to clear the virus scan process.
To return to an incomplete application, log into your USAJOBS account and click Update Application in the vacancy announcement. You must re-select your resume and/or other documents from your USAJOBS account or your application will be incomplete.
If you are unable to apply online or need to fax a document you do not have in electronic form, view the following link for information regarding an Alternate Application.
We will evaluate the qualifications and eligibility of all applicants, and then assess those who meet the minimum qualifications. All candidates who meet all the minimum requirements will be referred to the hiring official for further consideration. We will notify you of the final outcome after all of these steps have been completed.
Fair & Transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
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Learn more about
Executive Office for Immigration Review
If you are interested in a rewarding and challenging career, this is the position for you!
The Executive Office for Immigration Review seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR consists of three adjudicatory components: The Office of the Chief Immigration Judge, which is responsible for managing the Immigration Courts where Immigration Judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of these Immigration Judge decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases.
Learn more about what it’s like to work at Executive Office for Immigration Review, what the agency does, and about the types of careers this agency offers.
Yes, EOIR is a mess! But, it’s not going to get any better without better judges, particularly at the BIA which sets precedents and should (even if it now doesn’t) maintain nationwide consistency among Immigration Judges and articulate and implement “best judicial practices.”
Quite disappointingly and outrageously, the Biden Administration and A.G. Garland have failed to “clean house” and bring long overdue due process and judicial reforms to EOIR. So, the NDPA will have to go about it “the old-fashioned way:” one judicial vacancy at a time!
What if we had a BIA that:
Believed due process and fundamental fairness are “job one;”
Insured correctness and quality over “generating numbers;”
Institutionalized protection, not rote rejection, of asylum seekers;
Built on past precedents for properly generous treatment of asylum seekers like INS v. Cardoza-Fonseca, Matter of Mogharrabi, and Matter of Kasinga, rather than ignoring, or looking for artificial ways to limit them;
Issued precedents insuring early identification and consistent granting of many current and repetitive asylum applications;
Looked for ways to simplify, rather than overcomplicate and obfuscate, legal guidance;
Had “zero tolerance” for anti-immigrant, anti-asylum, racial, gender, and other biases among Immigration Judges (e.g., no more “asylum free zones”);
Refused to allow the Immigraton Court system to be misused and abused as a “deterrent” or “an adjunct of DHS Enforcement;”
Developed and enforced “best judicial practices;”
Prioritized facilitating pro bono representation as a key element of due process;
Aspired to make the “former vision of EOIR” — “through teamwork and innovation be the world’s best administrative tribunals guaranteeing fairness and due process for all” — a reality, rather than a cruel hoax!
Of course, one judge can’t do it all! But, there are plenty of great judges in the current EOIR system, at both levels, who need reenforcement and reaffirmation! Rebuilding the EOIR system so that it is a real, due-process-oriented, subject-matter-expert court that insures justice — rather than institutionalizing injustice — has to start somewhere! Fixing EOIR would also help save the entire faltering Federal Judicial system.
If the NDPA doesn’t do it, who will? Certainly not Biden, Harris, Garland or their minions— or at to least not without being pushed from within and dragged kicking and screaming from without.
Waiting for Godot (a/k/a Merrick Garland) to fix EOIR isn’t going to cut it! Naseer’s Motley Group in The Rose Bowl Merlaysamuel Creative Commons Attribution-Share Alike 3.0 Waiting for Godot in Doon School.jpg Copy [[File:Waiting for Godot in Doon School.jpg|Waiting_for_Godot_in_Doon_School]] Copy December 8, 2011So, don’t “wait for Godot” to fix this broken system! Clue: He’s not coming! Get those applications in now!
Better judges for a better America! Sooner, rather than later!
The agency is still considering referred applicants from the previous announcement posted September 25, 2023, under announcement number, IJ-12116877-23-VG. If you applied under that announcement and were referred for consideration, you need not reapply under this announcement.
This is an Excepted Service position. Upon completion of the required trial period, the position will be permanent. Additional positions may be filled from this announcement within 90 days of certificate issuance.
This position is in the Executive Office for Immigration Review (EOIR), Office of the Chief Immigration Judge. EOIR seeks highly-qualified individuals to join our team of expert professionals who serve as immigration adjudicators in this important Agency.
EOIR plays a pivotal role in the administration of the Nation’s immigration system. EOIR’s mission is to adjudicate immigration cases fairly, equitably, and efficiently at the trial and appellate level, governed by due process and the rule of law. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and other administrative hearings, applying the immigration laws while ensuring that adjudicators are impartial, that laws are applied humanely and equitably, that all parties are treated with respect and dignity, and that cases are resolved expeditiously and in accordance with the Administration’s priorities and all applicable laws and regulations.
EOIR consists of three adjudicatory components: the Office of the Chief Immigration Judge, which is responsible for managing the numerous immigration courts located throughout the United States where immigration judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of the immigration judges’ decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases. EOIR’s Headquarters is located in Falls Church, Virginia, about 10 miles from downtown Washington, DC.
As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
Job Description
Immigration Judges preside in formal, quasi-judicial hearings. Proceedings before Immigration Judges include but are not limited to removal, and bond adjudications, and involve issues of removability as well as applications for relief such as asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, and adjustment of status.
Immigration Judges make decisions that are final, subject to appeal to the Board of Immigration Appeals. In connection with these proceedings, Immigration Judges exercise certain discretionary powers as provided by law, and are required to exercise independent judgment in reaching final decisions. Immigration Judges may be required to conduct hearings in penal institutions and other remote locations
Qualifications
In order to qualify for the Immigration Judge position, applicants must meet all of the following minimum qualifications:
Education: Applicants must possess a LL.B., J.D., or LL.M. degree. (Provide the month and year in which you obtained your degree and the name of the College or University from which it was conferred/awarded.)
AND
Licensure: Applicants must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of any state, territory of the U.S., or the District of Columbia. (Provide the month and year in which you obtained your first license and the State from which it was issued.)
AND
Experience: Applicants must have seven (7) years of post-bar admission experience as a licensed attorney preparing for, participating in, and/or appealing court or administrative agency proceedings at the Federal, State or local level. Qualifying trial experience involves cases in which a complaint was filed with a court or administrative agency, or a charging document (e.g., indictment, notice of violation, or information) was issued by a court, administrative entity, a grand jury, or appropriate military authority. Relevant administrative experience includes cases in which a formal procedure was initiated by a governmental administrative body.
NOTE: Qualifying experience is calculated only after bar admission.
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. If your resume does not support your assessment questionnaire answers, we will not allow credit for your response(s). Ensure that your resume contains your full name, address, phone number, email address, and employment information. Each position listed on your resume must include: From/To dates of employment (MM/YYYY-MM/YYYY or MM/YYYY to Present); agency/employer name; position title; Federal grade level(s) held, if applicable; hours, if less than full time; and duties performed. In addition, any experience on less than a full time basis must specify the percentage and length of time spent in performance of such duties.
Additional information
This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent upon appointment by the Attorney General.
Additional positions may be filled from this announcement within 90 days of certificate issuance.
Alternative work schedule options are available. Immigration Judges’ tour of duty may include Saturdays and Sundays.
There is no formal rating system for applying veterans’ preference to Immigration Judge appointments in the excepted service; however, the Department of Justice considers veterans’ preference eligibility as a positive factor in Immigration Judge hiring. Applicants eligible for veterans’ preference must claim their status when completing their application in the online application process and attach supporting documentation. (See the “Required Documents” section.)
Many vacancies (see below vacancy link for locations): Location Negotiable After Selection
Travel
50% or less – You may be expected to travel for this position.
Relocation Expenses
Not authorized
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Department Policies
Equal Employment Opportunity: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of race, color, religion, national origin, sex – including gender identity, sexual orientation, or pregnancy status – or because of age (over 40), physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit based factor. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.
Reasonable Accommodations: This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
Outreach and Recruitment for Qualified Applicants with Disabilities: The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.
Suitability and Citizenship: It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/Links to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link.). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department’s mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.
Veterans: There is no formal rating system for applying veterans’ preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans’ preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans’ preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the “point” system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdfLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
USAO Residency Requirement: Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof. See 28 U.S.C. 545 for district specific information.
* * *
This and other vacancy announcements can be found under Attorney Vacancies and Volunteer Legal Internships. The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.
Updated December 1, 2023
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Yes, I’ve been highly critical of EOIR, particularly the BIA. But, to change the system for the better, we need the “best and brightest judges” at the “retail level” — the U.S. Immigration Courts!
In the process of denying asylum to a family targeted by gangs in Mexico, the BIA says:
The Immigration Judge’s finding that the cartel was motived by a desire to control the respondents’ land rather than their family membership is a permissible view of the evidence and is not clearly erroneous.
This negative finding by the IJ was “permissible,” not “compelled.” That language admits that other fact-findings on the same evidence could also be “permissible.” Much depends on the individual Immigration Judge’s frame of reference and willingness to look for “reasons to protect” rather than defaulting to “reasons to reject.”
So, what if the IJ were able to see and understand asylum from the standpoint of the applicant, rather than defaulting to the EOIR “any reason to deny” approach? Fairer fact-findings below would require more careful review by the BIA. Rather than just being able to mindlessly affirm adverse findings below, the BIA would basically be legally bound to uphold more positive findings unless “clearly erroneous.”
Of course in their haste to deny some BIA panels are prone to violate the “clearly erroneous” standard to “get to no.” But, that increases the chances of Circuit reversal. See, e.g., Crespin Valladares v. Holder, 632 F.3d 117 (4th Cir. 2011) (my case from Arlington).
Additionally, DHS can’t and doesn’t appeal every asylum grant, particularly when they are “fact bound.” I actually had ICE Assistant Chief Counsel say on the record in waiving appeal that while they respectfully disagreed with my fact-findings, they recognized that they were not “clearly erroneous” for purposes of appeal. (Other times they actually agreed after I had stated my detailed findings and analysis, sometimes actually repeating during closing arguments the basic analysis I would have reached on the record we had just made.)
Better judging below can actually cut off and discourage backlog building “let’s spin the bottle” appeals by DHS encouraged by the BIA’s systemic failure to consistently uphold the rights of asylum seekers and their “unduly restrictive” interpretations of asylum law!
Buried amongst the morass of poor administration and bad appellate judging at EOIR, many “true expert” IJs are making great decisions and saving lives on a daily basis. One of the “best kept secrets” at EOIR — often intentionally obscured by both EOIR and the media (not to mention GOP White Nationalist nativists) — is that as of this summer over half of all those who passed “credible fear” — 55% — received asylum grants if they were actually able to get to merits hearings at today’s backlogged EOIR!See, e.g., https://humanrightsfirst.org/wp-content/uploads/2023/08/Asylum-grant-rates-fact-sheet-August-2023.pdf.
That’s an impressive rate, given that the system is stacked against asylum applicants! It also highlights the total insanity of today’s discussions on the Hill of how to artificially heighten standards to bar asylum seekers and promote more arbitrary wrongful denials of life-saving protection. What’s needed is better judging and more realistic and humane policies, NOT more cruelty and misapplications of asylum law!
As I have pointed out along with others, asylum grant rates would be much higher with better judges at EOIR and better precedents from the BIA. Better guidance would mean more cases granted at the Asylum Office and Immigration Court levels and a more timely and efficient system that advances and promotes due process, rather than inhibiting it!
But, it can’t all be done “from the outside!” Better Immigration Judges — true asylum experts with “hands on” experience representing applicants before EOIR and the Asylum Office — are essential to rebuilding EOIR as a functional court system.
For example, one of the expert recommendations from the very recent Women’s Refugee Commission study of asylum reception, resettlement, and processing was that: “One pro se assistance goal is to incentivize immigration judges to take a closer look at pro se asylum cases.”
But, this laudable goal presupposes Immigration Judges who are experts in asylum law and able to “work their way through” some of the inherent barriers to justice in pro se Immigration Court cases rather than submitting to the “artificial production pressures and any reason to deny culture” that still exists at much of EOIR. Sadly, not all current IJs have this ability. Moreover, the BIA has provided defective leadership and guidance. EOIR judicial training on asylum does not measure up to much of that readily available in the private/NGO sector. See, e.g.,VIISTA Villanova.
Many practitioners who have contacted me here at “Courtside” lament that their lives and their client’s futures would be better if they only were appearing before Immigration Judges who actually understood asylum law from a protection standpoint. They are frustrated by having their fine presentations and great arguments “shrugged off” with “predetermined boiler plate denials” citing negative language from the BIA — often ignoring what actually happened or was proved at trials.
Instead of being destined to forever be frustrated by EOIR’s shortcomings, YOU now have a chance to “be that judge” — the one who understands asylum law, has seen the defects in EOIR decision-making, who doesn’t view denial as “preordained,” and will require both parties fairly to meet their burdens. (Ironically, there are many places where the asylum regulations still place the burden of proof on DHS, even if many IJs and BIA panels are unwilling to enforce them.)
So, get in those applications for EOIR judgeships! It’s a great way to show leadership by improving the system from the inside while saving lives in the process! Better judges for a better America — starting at the “retail level!”
