Institutional transfer; continuity of proceedings

(a) Existing precedent (1) In general 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 shall continue to serve as precedent in proceedings before the Immigration Courts unless explicitly overruled by the appellate division. (2) Rules To the extent that such rules are consistent with this subtitle and the amendments made by this subtitle, the rules of the Attorney General that were in effect before the application date shall remain in effect until amended or revoked by the appellate division. (b) Institutional transfer (1) Executive office for immigration review (A) In general Except as provided in subparagraph (B), all functions under the Executive Office for Immigration Review on the day before the application date shall be transferred to the Immigration Courts on the application date. (B) Exceptions (i) OCAHO 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 jurisdiction of the Department of Justice. (ii) Other functions The functions of the Executive Office for Immigration Review that are not necessary or appropriate to be transferred to the Immigration Courts shall be reassigned to other agencies within the Department of Justice or dissolved, at the discretion of the Attorney General. (2) Transfer and allocation of appropriations and personnel Except as otherwise provided under this section, the personnel of the Executive Office for Immigration Review who are employed in connection with any functions transferred pursuant to paragraph (1)(A), 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 such functions transferred pursuant to paragraph (1)(A), subject to section 1531 of title 31, United States Code, shall be transferred to the Immigration Courts on the application date. Unexpended funds transferred pursuant to this paragraph shall be used only for the purposes for which the funds were originally authorized and appropriated. (3) Pending cases (A) Rule of construction Nothing in this subtitle may be construed to 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.) that are pending before the Board of Immigration Appeals or an immigration judge on the application date. (B) Transfer All proceedings under title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) that are pending before the Board of Immigration Appeals or an immigration judge on the application date shall be transferred to the Immigration Courts to proceed before the trial division or the appellate division, as appropriate.