Sec. 7. Institutional transfer; continuity of proceedings
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Precedential decisions by the Attorney General or the Board of Immigration Appeals under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) that were issued before the application date of this Act shall continue to serve as precedent in proceedings before the Immigration Courts unless explicitly overruled by such court. To the extent that such rules are consistent with this Act, the rules of the Attorney General that were in effect before the application date of this Act, shall remain in effect until amended or revoked by the appellate division.
Except as provided in subparagraph (B), all functions under the Executive Office for Immigration Review on the date that is the day before the application date of this Act are transferred to the Immigration Courts on the application date of this Act. The Office of the Chief Administrative Hearing Officer and the functions of the Executive Office for Immigration Review that support such office shall remain under the Department of Justice. The functions of the Executive Office for Immigration Review that are not necessary or appropriate for transfer to the Immigration Courts shall be reassigned to other agencies within the Department of Justice or dissolved at the discretion of the Attorney General.
Except as provided in this section, the personnel of the Executive Office for Immigration Review employed in connection with the functions transferred by this section, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available to, the Executive Office for Immigration Review, in connection with the functions transferred by this section, subject to section 202 of the Budget and Accounting Procedures Act of 1950, shall be transferred to the Immigration Courts on the application date of this Act.
Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. The enactment of this Act shall not result in any loss of rights or powers, interruption of jurisdiction, or prejudice to matters under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) which are pending before the Board of Immigration Appeals or an immigration judge on the application date of this Act.
All proceedings under title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) which are pending before the Board of Immigration Appeals or an immigration judge on the application date of this Act shall be transferred to the Immigration Courts to proceed before the trial division or the appellate division as appropriate.
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Sec. 7
Institutional transfer; continuity of proceedings
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