Office of the Chief Administrative Hearing Officer, Review Procedures

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The Department of Justice ("Department") is revising its regulations to provide that the Attorney General may, in his discretion, review decisions and orders of Administrative Law Judges ("ALJs") in the Office of the Chief Administrative Hearing Officer ("OCAHO") in cases arising under section 274B of the Immigration and Nationality Act ("INA" or "the Act"). This revision will ensure that the adjudicatory process for section 274B cases is consistent with the Supreme Court's decision in the 2021 case United States v. Arthrex, Inc., and will align that process with similar processes for discretionary review of decisions by ALJs in OCAHO and throughout the Executive Branch. It will not limit or alter parties' right to seek judicial review of adverse decisions.