An immigration judge, formerly known as a special inquiry officer, is an employee of the
United States Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Stat ...
who confers
U.S. citizenship or
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
upon
lawful permanent residents who are statutorily entitled to such benefits. An immigration judge also decides cases of
aliens in various types of
removal proceedings
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an ...
. During the proceedings, an immigration judge may grant any type of immigration relief or benefit to an alien, including to his or her family members.
An immigration judge is appointed by (and works under the direction of) the
U.S. Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
.
In other words, under the
Immigration and Nationality Act (INA), immigration judges act as representatives of the Attorney General and can only act according to authority delegated by the Attorney General (such as under the regulations) or by the INA. There are approximately 465 immigration judges located across the United States. An immigration judge can either be a citizen or a
national of the United States
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
.
[ ("The term ']national of the United States
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
' means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States." (emphasis added); Black's Law Dictionary at p.87 (9th ed., 2009) (defining the term "permanent allegiance" as " e lasting allegiance
An allegiance is a duty of fidelity said to be owed, or freely committed, by the people, subjects or citizens to their state or sovereign.
Etymology
From Middle English ''ligeaunce'' (see medieval Latin ''ligeantia'', "a liegance"). The ''al ...
owed to a state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
by its citizens or ermanent resident.") (emphasis added).
See also
*
Executive Office for Immigration Review
The Executive Office for Immigration Review (EOIR) is a sub-agency of the United States Department of Justice whose chief function is to conduct removal proceedings in immigration courts and adjudicate appeals arising from the proceedings. These ...
References
External links
Office of the Chief Immigration Judge
{{authority control
United States Department of Justice agencies
Immigration to the United States