Trial Attorney - Office of Immigration Litigation

Summary

The Office of Immigration Litigation seeks attorneys eager to work at the forefront of the DOJ's most significant immigration cases, handling high-impact litigation in federal circuit courts of appeals and leading nearly all immigration matters in district courts nationwide.

Duties

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 banc, 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 has increased 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. Qualifications

Interested applicants must possess a J.D., or equivalent, degree, be duly licensed and authorized to practice as an attorney under the laws of any State, territory of the United States, or the District of Columbia, and be an active member of the bar in good standing. To qualify at the GS-11 grade level, applicants must have up to one (1) year of legal experience. To qualify at the GS-12 grade level, applicants must have minimum (1) or more years post-J.D. legal experience To qualify at the GS-13 grade level, applicants must possess at least one and one-half (1.5) years of post-J.D. legal experience. To qualify at the GS-14 grade level, applicants must possess at least two and one-half (2.5) years of post-J.D. legal experience. To qualify at the GS-15 grade level, applicants must possess at least four (4) years of post-J.D. legal experience Qualifications must be met by the closing date of the vacancy announcement. Preferred qualifications: Applicants should also have excellent academic credentials and outstanding advocacy and legal writing skills. Experience arguing motions, handling discovery, developing expert witness testimony, trying cases, and a federal judicial clerkship are highly 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.

Education

All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov. OR Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www.ed.gov/about/initiatives/international-affairs/recognition-of-foreign-qualifications All documentation must be in English or include an English translation. How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications. Your application will be evaluated by a reviewing panel. Please Note: The Selecting Official may select additional candidates if more positions become available within 120 days after the closing date of the vacancy. Other Information

Veteran Preference: If you are entitled to or claim veterans' preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: http://www.opm.gov/policy-data-oversight/veterans-services/vet-guide/. There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, 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 Form (SF) 15, Application for 10-Point Veterans' Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). DOJ EEO Statement/Policy: http://www.justice.gov/jmd/eeos/08-eeo-policy.pdf Reasonable Accommodation Statement: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Schedule A: DOJ welcomes and encourages applications from persons with disabilities and is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973 to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department. DOJ also encourages eligible Schedule A applicants to submit their resumes to [email protected], and reference "Federal Career Opportunities" in the subject line. Additional information is found at: www.benderconsult.com. Selective Service: If you are a male applicant born after December 31, 1959, you must certify that you have registered with the Selective Service System, or are exempt from having to do so under the Selective Service Law. Additional information is found at: www.sss.gov. 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.