How To File A Complaint
The Office of the Chief Immigration Judge (OCIJ) actively oversees the performance and conduct of immigration judges. This monitoring occurs through the Executive Office for Immigration Review’s (EOIR) performance management program and OCIJ’s day-to-day management of immigration courts. If there are any concerns about an immigration judge’s behavior, the OCIJ ensures these allegations are investigated and resolved quickly and fairly.
The Complaint Process
Judicial misconduct refers to behaviors that negatively impact the fair, efficient, or timely operation of immigration courts. A complaint is any information that suggests an immigration judge might have engaged in such misconduct.
Complaints about immigration judges can be made in three ways:
- Formal Written Complaint: An individual or group can submit a written complaint to either the Assistant Chief Immigration Judge for Conduct and Professionalism (ACIJ C/P) or the appropriate supervisory Assistant Chief Immigration Judge (ACIJ). While the OCIJ tries to keep the complainant’s identity confidential when requested, it cannot guarantee this for formal written complaints.
- Referrals from Other Agencies: Other parts of EOIR, different departments of the Department of Justice (DOJ), or other agencies like the Department of Homeland Security can send information to the OCIJ suggesting that an immigration judge may have engaged in misconduct. Such referrals are not kept confidential.
- Other Sources: Information about potential misconduct may also come to OCIJ through various means, including news reports or during routine reviews of agency and court decisions.
These mechanisms are designed to ensure that immigration judges are held accountable and maintain the integrity of the immigration court system.
How to File a Formal Written Complaint or a Referral
Any group or individual may file a formal written complaint alleging that an immigration judge engaged in judicial misconduct. The complaint must be sent by email or postal mail to the ACIJ C/P or to the appropriate supervisory ACIJ. Another EOIR component, another DOJ component, or another agency may refer information suggesting that an immigration judge engaged in judicial misconduct.
To qualify as a formal written complaint or a referral from another EOIR component, a communication must include:
- The name of the immigration judge;
- A statement describing the alleged judicial misconduct, if a complaint, or an
- identification of the concerning behavior, if a referral;
- The time and place of the alleged judicial misconduct or concerning behavior;
- Any associated A-numbers;
- Any witnesses to the alleged judicial misconduct or concerning behavior; and
- Adequate contact information for the complainant, such as name, address, telephone
- number, and email address or, for a referral, the name of the referring individual and agency.
Complaints or referrals are limited to those involving active immigration judges currently engaged in adjudicating cases in immigration courts.