Then on page 5 it says a civil penalty shall be assessed by the Attorney General only after the person charged with the violation under paragraph 3 has been given an opportunity for a hearing and the Attorney General has determined that a violation did occur. So he is the judge. He makes the determination whether a violation occurs. It says he shall determine the amount of the penalty which is warranted. So he also performs the function of the judge or the jury of providing a penalty. It says the hearing shall be of record and conducted by an immigration officer designated by the Attorney General individually or by regulation. So he appoints the hearing officer. That is. he selects the jury. so to speak.
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immigration