Inspector's Field Manual - Gani

Inspector's Field Manual
affected. Some offices may have access to Shepard's Immigration and Naturalization Citations. This volume,
commonly referred to as "Shepard's", is a comprehensive cross-reference of all immigration citations. Shepard's
exists for almost all Federal statutes and regulations as well as all Federal and state case law. Shepard's is
organized by citation. For Immigration Decisions, for example, an index heading can be the statute, a
regulation, or a decision from the BIA. Within each category, the entries are listed numerically. Thus, the
portion dealing with the Act will begin with 8 U.S.C. § 1 and continue in order. BIA decisions will begin with
the first published decision in volume one and continue on through volume 20. Underneath each heading, every
decision, statute, or regulation mentioning that heading will be listed, again in sequential order. There are codes
next to each entry indicating whether the reference supports the index case, overturns it, or simply questions it. A
similar index titled " Notice of Decisions Affected" is included in volumes 15 and 20 of the Interim Decisions.
(c) Federal Court Decisions. The Service is often involved in litigation which affects its operations. Although
not as common, judicial decisions not directly involving the Service can also affect operations. You need to
understand these decisions and the authority of the Federal courts in order to know if they affect your duties.
The federal court system is divided into three levels of authority. The district court is the trial body of the
Federal court system and there are many district courts. Generally, district court decisions are only binding
upon judges within that district. Thus, a statement of the law in the Northern District of California may not be
the same as one in the District of Wisconsin. (In smaller states, there is only one district court, while larger states
are divided into several districts). While the law in a District is binding only upon judges in that circuit and is
merely advisory upon other judges in other circuits, a District Judge has authority to issue an order affecting the
entire nation. Thus, injunctions or other orders requiring the Service to act in a certain way often issue from the
District Courts.
Appeals from the District Court are taken to the Circuit Courts of Appeals. There are 13 circuits. Again,
decisions of law are binding only upon judges within that circuit. From the Circuit level, appeals are heard by
the Supreme Court of the United States. Decisions of the Supreme Court are binding upon any court in the United
States.
It is important to be aware of the law in your district, circuit, and nationwide. Interpreter Releases, mentioned
below, usually mentions recent judicial decisions affecting the Service. Internal Service communications and
transmittals will inform you of decisions affecting your duties. You should read these carefully when you
receive them and store them for future reference.
(d) Supplemental Materials. There is a wealth of published materials to guide you through your immigration
research. In addition to internal Service manuals, materials published for the private immigration bar are
readily available and can provide significant help. The American Immigration Lawyers Association (AILA)
publishes several useful items. One of these is Kurzban's Immigration Law Sourcebook. This reference, published
annually, is a comprehensive guide to immigration law. AILA also publishes monthly mailings updating its
readers on the latest developments in immigration law, and the AILA Immigration Journal . The journal covers
recent developments in greater depth. Another significant source of current information relating to immigration
issues is Interpreter Releases. This periodical is published weekly and provides its readers with the latest
developments in immigration law. It also contains information about Service policy and procedure and recent
court cases which may affect your job.
There are several comprehensive sources of immigration law which are not as timely but cover much more
material. Immigration Law and Procedure , more commonly referred to as "Gordon and Mailman", after the
original authors, is an 11-volume overview of immigration law. Although less thorough, Bender's Immigration
and Nationality Pamphlet is another good starting point.
Administrative decisions of the Service are also available in published form. The AAU Reporter is published by
AILA and contains decisions of the Administrative Appeals Unit relating to visa petitions. AILA also publishes
the BALCA Deskbook, which contains decisions of the Department of Labor's Board of Alien Labor Certification
Appeals. While these are not Service decisions they are often useful in visa petition cases. Also useful is the State
Department's Foreign Affairs Manual. Volume 9 deals with visas.
There are many available materials containing current developments in the law. While not all of these are
available in every field office, most contain at least one. It is your responsibility to keep up to date on your job
and the law by looking for these materials and reading them regularly. If you are unaware of changes in the law
and policy applicable to your job, it is impossible for you to do your job correctly and professionally.