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Administrative Law Judge
- Executive Office for Immigration Review (Phoenix, AZ)
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Summary ****Please see announcement questionnaire for specific court locations****. Conversion to permanent position is contingent upon satisfactory completion of a probationary period and appointment by the Attorney General. Additional positions may be filled from this announcement within 90 days of certificate issuance. Responsibilities The Administrative Law Judge (ALJ) acts as presiding officer with respect to proceedings, presiding over, hearings, writing opinions and making decisions, and performing ancillary duties. As presiding officer, the ALJ determines who is entitled to participate and to what extent; admits evidence into the record, or rejects proffered documents and oral testimony; and considers proposed findings of fact and conclusions and briefs submitted by the parties. The ALJ issues initial decisions and orders in adjudicatory proceedings, which become final decisions of the Department of Justice unless appealed. Final orders are issued by the ALJ following settlement by the parties, after a hearing, pursuant to dispositive motions, or upon waiver of a hearing. Specific proceedings assigned to the incumbent may include both rulemaking and adjudicatory matters. The ALJ position functions, and is classified, as a judge under the Administrative Procedure Act. When hearings are conducted, a complete formal record of the hearing is regularly prepared, and formal written opinions are issued. In addition, with the approval of the Office of Personnel Management (OPM) and with the consent of the supervisor, the ALJ may be called to another agency for the purpose of conducting formal administrative hearings before such other agency. In addition to performing the duties described above, the ALJ is also qualified to conduct, and may be assigned to conduct the following proceedings as an immigration judge: removal, discretionary relief, rescission of adjustment status, claims of persecution, stays of removal, and bond and detention. In accordance with section 101(b)(4) of the Immigration and Nationality Act (Act), the incumbent is an attorney appointed by the Attorney General as an administrative judge who is qualified to conduct specified classes of proceedings, including removal proceedings under section 240 of the Act, and to preside at formal, quasi-judicial hearings to determine the issues arising in exclusion, deportation, and related proceedings. As such, the ALJ must have expert knowledge in immigration and employment law, including the relevant statutes and regulations, precedential decisions of the Board of Immigration Appeals and the Office of the Chief Administrative Hearing Officer, and decisions of Circuit Courts. Requirements Conditions of Employment Qualifications In order to qualify for the OCAHO ALJ position, applicants must meet all of the minimum qualifications listed below. 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 Administrative Law Judge. For more information about relevant experience and knowledge, please see the "How You Will Be Evaluated" section. Education Additional Information Employment is contingent upon the completion and satisfactory adjudication of a background investigation. Selectee(s) must be able to maintain a public trust clearance. 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 (see section entitled "Required Documents" for further details). 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. Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
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