Clarification from the agency

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About the Office

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.

The Board of Immigration Appeals (BIA) is the highest administrative tribunal charged with interpreting and applying the immigration laws of the United States. The Board is responsible for applying the immigration and nationality laws uniformly throughout the United States. Accordingly, the Board has been given nationwide jurisdiction to review the orders of Immigration Judges and certain decisions made by the Department of Homeland Security (DHS), and to provide guidance to the Immigration Judges, DHS, and others, through published decisions. The Board also has appellate review/authority over various decisions of the Department of Homeland Security (DHS) District Directors, including all decisions involving carrier fines and penalties, familial visa petitions, and requests for advance permission to enter the United States. The Board's decisions are binding on all officers and employees of the DHS and on Immigration Judges in the administration of the Immigration and Nationality Act, except as they may be modified or overruled by the Attorney General.

The Board of Immigration Appeals (BIA) is seeking Supervisory Attorney Advisors to manage teams of attorney advisors, judicial law clerks, paralegal specialists, and/or other professional support staff in the review of extremely complex legal questions and the drafting of proposed orders with recommendations for disposition regarding a range of issues involving foreign and domestic areas of immigration law for which the Board will vote on accepting as a final order. The major duties include:

• Directs a team that reviews cases under 8 C.F.R. §?1003.1(d)(3), applying "de novo" review to legal, discretionary, and judgment issues, and "clear error" review to factual findings and credibility determinations.
• Monitors and examines formal filings for legal sufficiency and reviews submissions from party representatives to ensure procedural requirements are met.
• Reviews research conducted by team to determine if evidence was adequate to sustain administrative findings of fact, and to determine whether proper administrative discretion was exercised.
• Provides direction in the evaluation of facts and evidence to interpret and apply statutes and regulations in en banc matters, precedent decisions, or unusually complex cases.
• Provides advice and counseling to employees on work and administrative matters.
• Prepares memoranda summarizing the facts of cases under review, and proposed orders for review by appellate Immigration Judges to vote on accepting as a final order.

Conditions of employment

• You must be a United States Citizen or National.
• You will be required to complete a pre-employment security investigation and background check which includes a drug screening.
• You may be required to complete a one-year probationary period.
• Selective Service registration is required for males born on, or after, December 31st 1959. Those not registered should have an approved exemption on file.
• Financial Disclosure: If selected, you may be required to disclose financial information in accordance with DOJ and Federal ethics guidelines.

Qualifications

Qualifications

• Must possess a J.D. Degree, be an active member of the bar (any U.S. jurisdiction), and have at least 4 years post-J.D. legal or other relevant experience
• Must be a U.S. citizen or National
• Must have an active bar membership
• Must have 4 years of legal advisory, legal research, and legal policy experience in Immigration law
• Immigration litigation and appellate practice preferred but not necessary.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

Once the application process is complete, a review of submitted documents will be made to determine if applicants are qualified for this assignment.

Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflicts of interest or disqualification issues that may need to be addressed under those circumstances.