All authorities and functions of the Department of Homeland Security to administer and enforce the immigration laws are vested in the Secretary of Homeland Security. The Secretary of Homeland Security may, in the Secretary's discretion, delegate any such authority or function to any official, officer, or employee of the Department of Homeland Security, including delegation through successive redelegation, or to any employee of the United States to the extent authorized by law. Such delegation may be made by regulation, directive, memorandum, or other means as deemed appropriate by the Secretary in the exercise of the Secretary's discretion. A delegation of authority or function may in the Secretary's discretion be published in the Federal Register, but such publication is not required.
[68 FR 10923, Mar. 6, 2003]
Notes of Decisions
Alfred L. Snapp & Son, Inc. v. Puerto Rico Ex Rel. Barez, 458 U.S. 592 (1982).
· cites it 2× “The Attorney General has delegated this responsibility to the Commissioner of Immigration and Naturalization, 8 CFR § 2.1 (1982), who, in turn, relies on the Secretary of Labor for the initial determinations.”
Ansberto Gonzalez v. Kenneth Cuccinelli, II, 985 F.3d 357 (4th Cir. 2021).
“§ 112 (b)(1) (providing that, with some exceptions, the Secretary “may delegate any of the Secretary’s functions to any officer, employee, or organizational unit of the Department”); see also 8 C.F.R. § 2.1 . One important aspect of that delegated authority is USCIS’s…”
Johnson v. Whitehead, 647 F.3d 120 (4th Cir. 2011).
· cites it 2× “§§ 271 & 557; 8 C.F.R. §§ 2.1 & 310.1. Although immigration judges, see 8 C.”
Shweta Kohli v. Alberto R. Gonzales, Attorney Gen., 473 F.3d 1061 (9th Cir. 2007).
“tention and deportation officers; (32) Directors or officers in charge of detention facilities; (33) Directors of field operations; (34) Deputy or assistant directors of field operations; (35) District field officers; (36) Port directors; (37) Deputy port directors; (38)…”
Immigr. & Naturalization Serv. v. Phinpathya, 464 U.S. 183 (1984).
“Accordingly, 8 CFR §2.1 (1983) delegates the Attorney General’s power to the Commissioner of Immigration and Naturalization, and permits the Commissioner to redelegate his authority through appropriate regulations.”
Carmen Miranda De Gonzalez v. Immigr. & Naturalization Serv., 996 F.2d 804 (6th Cir. 1993).
· cites it 2× “8 C.F.R. § 2.1 The Executive Office of Immigration Review shall be headed by a Director, who shall be responsible for the general supervision of the Board of Immigration Appeals and the Office of the Chief Immigration Judge in execution of their duties in accordance with 8 C.”
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