Trial Attorney - Office of Immigration Litigation

Full Job Description

The Office of Immigration Litigation (OIL) is responsible for the nationwide coordination of all civil immigration litigation before federal circuit court of appeals and nearly all litigation in the district courts.

OIL is comprised of more than 360 attorneys, litigation support, and administrative professionals.

The office is led by a Director, three Deputy Directors, and one Associate Director, along with a dynamic group of attorney managers. Applicants must possess a J.D.

Degree (or equivalent), be an active member in good standing of the bar (any U.S. jurisdiction), be a U.S. citizen, and possess at least 1 year post J.D.

(or equivalent) legal or other relevant experience. The minimum years of post-law degree experience commensurate with the grade level of eligibility is shown below.

Possessing the minimum post law degree legal experience does not guarantee the applicant will be selected at that grade level.

To qualify at the GS-13 grade level, applicants must have minimum 1.5 years post-JD legal experience.

To qualify at the GS-14 grade level, applicants must have minimum 2.5 years post-JD legal experience. To qualify at the GS-15 grade level, applicants must have minimum 4 years post-JD legal experience.

Preferred qualifications: Applicants should have excellent writing, negotiation, and interpersonal skills; exhibit good judgment, and have experience in investigations and/or civil litigation.

Applicants should demonstrate capability to manage a large, active docket of cases and produce polished work product in accordance with established deadlines.

Experience in False Claims Act matters or complex civil litigation is desirable.

Trial Period Statement As a condition of employment for accepting this position in accordance with section 11.5 of Executive Order 14284, you will be required to serve a 2-year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest.

In determining if your employment advances the public interest, we may consider: your performance and conduct; the needs and interests of the agency; whether your continued employment would advance organizational goals of the agency or the Government; and whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest. Major Duties:

The office is led by a Director, three Deputy Directors, and one Associate Director, along with a dynamic group of attorney managers, all who collectively reflect an abiding dedication to public service.

Trial Attorney responsibilities primarily involve: coordinating with the agency clients; crafting litigation strategy; conducting necessary pre-trial work; drafting all complaints, motions, answers, and briefs; participating in hearings, oral arguments, and court-ordered discussions; engaging in settlement talks to advance the government's interests; making determinations about whether to seek panel, en bane, or Supreme Court/cert.

review of adverse decisions and substantially participating in further review briefing and argument; and handling attorney's fees litigation.

OIL's Trial Attorneys likewise contribute significantly as expert consultants on immigration-related inquiries from Congress and the Department.

OIL's district court litigation often involves high-profile matters, frequently entails short-fuse/emergency, fast-paced temporary restraining order litigation, and ordinarily requires analyzing substantially complex immigration, administrative, statutory interpretation, and constitutional law issues and principles.

In contrast, OIL's appellate court litigation entails responding to motions for stays of removal, filing motions for summary affirmance or dismissal, drafting complex appellate briefs, and appearing for oral arguments throughout the nation.

Some examples of the Office's current and anticipated litigation include: defense of challenges to the expansion of streamlined expedited removal procedures implicating border security; increased defense of review petitions in the federal courts of appeals stemming from a substantial backlog of immigration court cases and expansion of interior enforcement efforts and that raise novel, difficult issues about criminal and other removal grounds, asylum and protection law, and the availability of relief under the immigration statute; defense of the Administration's immigration initiatives reflected in recent Executive Orders such as efforts designed to secure the border, in partnership with other Division components; defense of habeas petitions challenging immigration custody and immigration detainers, particularly under the recently-enacted Laken Riley Act; litigation involving the administration of temporary employment authorization, foreign worker and investor programs; investigation and litigation of civil actions to revoke naturalization; and defense of mandamus litigation involving alleged delay of agency action and that has increased dramatically over the last several years.

Given the Administration's prioritization and focus on immigration enforcement (reflected in part by several immigration-related Executive Orders signed by the President since January 20), OIL's workload is expected to increase dramatically across most of these categories.

The organization works closely with United States Attorney's Offices on immigration related matters, and OIL provides support and counsel to all federal agencies involved in the admission, regulation, and removal of noncitizens under our immigration and nationality statutes, as well as related areas of border enforcement and national security.

This is not a remote location position. You will be required to work in person five days a week.