C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 68—RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD

28 C.F.R. § 68.1

Scope of rules

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The rules of practice in this part are applicable to adjudicatory proceedings before Administrative Law Judges of the Executive Office for Immigration Review, United States Department of Justice, with regard to unlawful employment cases under section 274A of the INA, unfair immigration-related employment practice cases under section 274B of the INA, and document fraud cases under section 274C of the INA. Such proceedings shall be conducted expeditiously, and the parties shall make every effort at each stage of a proceeding to avoid delay. To the extent that these rules may be inconsistent with a rule of special application as provided by statute, executive order, or regulation, the latter is controlling. The Federal Rules of Civil Procedure may be used as a general guideline in any situation not provided for or controlled by these rules, by the Administrative Procedure Act, or by any other applicable statute, executive order, or regulation.

[Order No. 2203-99, 64 FR 7073, Feb. 12, 1999]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1991–2025 · leading case: Emp. Solutions Staffing Grp. II, L.L.C. v. Off. of the Chief Admin. Hearing Officer, 833 F.3d 480 (5th Cir. 2016).
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Emp. Solutions Staffing Grp. II, L.L.C. v. Off. of the Chief Admin. Hearing Officer, 833 F.3d 480 (5th Cir. 2016). “The Attorney General designated OCAHO — an administrative agency under the control of the Executive Office for Immigration Review of the Department of Justice — to adjudicate these cases, as well as other related violations of the INA.”
Gus Kirk, Candy Kirk, as Individuals, & D/B/A Kirk Enter. v. U.S. Immigr. & Naturalization Serv. United States of Am., 927 F.2d 1106 (9th Cir. 1991). · cites it 2× “” 28 C.F.R. § 68.1 . 3 *1109 The administrative rule, 28 C.”
Mesa Airlines v. United States, 951 F.2d 1186 (10th Cir. 1991). · cites it 2× “79(a) (requiring docket of all events, kept in chronological order) with 28 C.F.R. §§ 68.1 et seq. Because the Executive Office of Immigration Review does not keep a docket sheet, the Federal Rules’ definition of “entry” in the context of judicial actions is inapplicable.”
Villegas-Valenzuela v. Immigr. & Naturalization Serv., 103 F.3d 805 (9th Cir. 1996). · cites it 2× “28 C.F.R. § 68.1 . Under Federal Rule of Civil Procedure 56(f), a party seeking further discovery must show that it lacks the facts essential to resist the summary judgment motion.”
Walmart, Inc. v. Jean King (11th Cir. 2025). · cites it 2× “See 28 C.F.R. § 68.1 . By statute, “[ALJs] may USCA11 Case: 24-11733 Document: 45-1 Date Filed: 07/16/2025 Page: 12 of 70 12 Opinion of the Court 24-11733 not perform duties inconsistent with their duties and responsibilities as [ALJs].”
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