John Yoo, who was a Deputy Assistant Attorney General in the Department of Justice Office of Legal Counsel, has reminded us of the authority of the AG vis-à-vis immigration judges.
He [the AG] has the power to overrule immigration judges. Immigration judges have been making mistakes….
Aside from the immigration judges’ error rate, it’s really quite clear that the AG can overrule them. Not only are immigration judges not Article III judges, they’re employees of the Department of Justice—they work for the AG. Beyond that, they’re not even judges; they’re Special Inquiry Officers.