Attorney Advisor

About the role

The Attorney Advisor is responsible for the preparation of proposed Board decisions in the most difficult and sensitive cases arising before the Board, involving extremely complex legal questions, factual issues, discretion, judgment, and other issues arising from decisions of Immigration Judges and DHS District Directors.

What you will do

• About the Office The primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws.
• The Board of Immigration Appeals (BIA) is the highest administrative tribunal charged with interpreting and applying the immigration laws of the United States.
• The Board is responsible for applying the immigration and nationality laws uniformly throughout the United States.
• Accordingly, the Board has been given nationwide jurisdiction to review the orders of Immigration Judges and certain decisions made by the Department of Homeland Security (DHS), and to provide guidance to the Immigration Judges, DHS, and others, through published decisions.
• The Board also has appellate review/authority over various decisions of the Department of Homeland Security (DHS) District Directors, including all decisions involving carrier fines and penalties, familial visa petitions, and requests for advance permission to enter the United States.
• The Board's decisions are binding on all officers and employees of the DHS and on Immigration Judges in the administration of the Immigration and Nationality Act, except as they may be modified or overruled by the Attorney General.
• Job Description The Board of Immigration Appeals (BIA) is seeking Attorney Advisors that will be responsible for the preparation of proposed Board decisions in the most difficult and sensitive cases arising before the Board, involving extremely complex legal questions, factual issues, discretion, judgment, and other issues arising from decisions of Immigration Judges and DHS District Directors.
• The major duties include: Identifying all factual, procedural and substantive issues, relevant constitutional, statutory, judicial and regulatory law, and drafts properly supported legal decision.
• Analyzing records of administrative hearings to evaluate questions of fact and/or questions of law for adherence to procedural requirements.
• Rendering guidance and interpretation with respect to questions pertaining to regulations, practices or other matters falling within the purview of the Board.
• Preparing proposed order reflecting analysis of issues and recommendation for disposition.
• Drafting proposed Board decisions in the most complex and sensitive cases arising before the Board, involving extremely complex legal questions and factual issues.

Education

ARE YOU USING EDUCATION TO QUALIFY?

Education must be accredited by an accredited institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications (particularly positions with a positive education requirement).

You MUST provide transcripts or other documentation to support your educational claims.

Applicants can verify accreditation by clicking here. All education claimed by applicants will be verified by the appointing agency accordingly. (Note: If you are selected for this position based on education, an official transcript will be required, prior to your first day.) You must meet all qualification requirements by the closing date of this announcement.

Special Instructions for Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show that the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in accredited U.S. education programs; or full credit has been given for the courses at a U.S. accredited college or university.

Translated transcripts are required. For further information, click here.

How you will be evaluated

If it is determined that you meet the minimum qualification requirement, your application will be identified for referral to the hiring manager for further review and consideration.

There is no formal rating system for applying veteran's preference to attorney appointments in the excepted service; however, the Department of Justice considers veteran's preference eligibility as a positive factor in attorney hiring.

Applicants eligible for veteran's preference must include that information in their cover letter or resume and attach supporting documentation (e.g. the DD214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions.

Although the "point" system is not used, per se, applicants eligible to claim 10- point preference must submit Standard From SF-15, Application for 10- Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, *** for a copy of the SF-15, which list the types of 10- point preferences and the required supporting document (s).

Applicants should note that SF-15 requires supporting documentation associated with service-connected disabilities or receipt of non-service connected disabilities pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch or Armed Forces showing that his or her retirement was due to permanent service-connected disability or that he/she was transferred to the permanent disability retirement list (the statement or retirement orders must indicate that the disability is 10% or more.) In order to be rated as meeting the minimum qualifications, we must be able to determine from your application package that you have the education and experience that is required.

Applicants who have qualifying experience performed on less than a full-time basis must specify the percentage and length of time spent in performance of such duties.

Documents you must provide

• To apply for this position, you must provide a complete Application Package by the closing date of this announcement, which includes: Resume showing relevant experience; cover letter optional Copy of J.D., or equivalent degree (official transcript with conferred status is acceptable) Other supporting documents (submit if applicable to you): A writing sample that demonstrates the candidate's ability to author legal documents.
• This document cannot exceed 10 (ten pages) Bar Certificate - in Good Standing Most recent SF50 (if applicable) A statement indicating whether you are or have been a political appointee in the past five (5) years (if applicable) Veterans' documentation: DD-214 Member 4 copy, dated VA Letter, SF-15 (If Applicable) Note: Resumes exceeding two pages will not be accepted by USAJOBS and will prevent your application from moving forward in the hiring process.
• Ensure that your resume contains your full name, address, phone number, email address, and employment information.
• Each position listed on your Resume must include: From/To dates of employment (MM/YYYY-MM/YYYY or MM/YYYY to Present); agency/employer name, position title, grade level(s) held, if applicable; hours, if less than full time; and duties performed.
• In addition, any experience on less than a full time basis must specify the percentage and length of time spent in performance of such duties.
• Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

What to expect next

You will be notified of your application status during the hiring process, as applicable. You may check your application status by accessing the USAJOBS website and clicking "Application Status". The process may take up to 6 weeks.

The four points of notification are: Application Received or Application Incomplete Minimum Qualification Requirement Met/Not Met Eligible (Application Referred) or Ineligible (Application Not referred) Selected or Not Selected If your name is referred to the hiring official, you may be contacted directly by that office for a possible interview.

Additional information

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 U.S., 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 U.S., 2) worked for the U.S. overseas in a Federal or military capacity; or 3) been a dependent of a Federal or military employee serving oversees.

Additional positions maybe filled from this announcement within 90 days of certificate issuance.

Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment.

Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.

Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications.

In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflicts of interest or disqualification issues that may need to be addressed under those circumstances.