All adverse decisions, and other outcomes as appropriate, in civil proceedings arising under the immigration and nationality laws (including habeas corpus petitions by noncitizens) should be reported to the General Litigation and Appeals Section. In all cases in which the decision is adverse to the government, copies of the pleadings and other documents should be promptly submitted along with an appeal recommendation to OIL-DCS.newcases@usdoj.gov and Civ-OIL-DistrictCourtAdverseTeam@Civ.USDOJ.gov. See JM Title 2, Appeals.

U.S. Attorneys’ Offices should promptly advise the appropriate Department of Homeland Security (DHS) agency of all decisions and interlocutory orders in civil immigration litigation to which that agency is a party or active participant. Such notification should be particularly prompt in the case of an adverse decision or interlocutory rulings in which an appeal, rehearing en banc, or certiorari might be taken or sought. Timely notification will enable the General Counsel’s Office to formulate the DHS agency recommendation to the Department with respect to any further action which might be taken in the litigation.

Similarly, prompt notification should be given to appropriate officials of the Departments of Labor and State of decisions or rulings in immigration and nationality cases whenever either agency is an affected participant in the action.

[updated October 2024]