Complaint Against Attorneys in the United States
Filing a Complaint in relation to Immigration Courts
(information based on the DoJ Manual)
Who may file
Anyone may file a complaint against a practitioner, including Immigration Judges, Board Members, the practitioner’s clients, Department of Homeland Security personnel, and other practitioners. 8 C.F.R. § 1003.104(a)(1).
What to file
Complaints must be submitted in writing. Persons filing complaints are encouraged to use the Immigration Practitioner Complaint Form, (Form EOIR-44). See (in this American law platform, in relation to immigration courts and judges) Obtaining Blank Forms. The Form EOIR-44 provides important information about the complaint process, the confidentiality of complaints, and the types of misconduct that can result in discipline by the Executive Office for Immigration Review. Complaints should be specific and as detailed as possible, and supporting documentation should be provided if available.
Where to file
Complaints alleging practitioner misconduct before the Immigration Courts or the Board of Immigration Appeals should be filed with the Executive Office for Immigration Review disciplinary counsel. 8 C.F.R. § 1003.104(a)(1). The completed Form EOIR-44 and supporting documents should be sent to: United States Department of Justice Executive Office for Immigration Review Office of the General Counsel 5107 Leesburg Pike, Suite 2600 Falls Church, VA 22041 Attn: Disciplinary Counsel See EOIR (Executive Office for Immigration Review) Directory. After receiving a complaint, the EOIR (Executive Office for Immigration Review) disciplinary counsel decides whether to initiate disciplinary proceedings. 8 C.F.R. § 1003.104(b). See (in this American law platform, in relation to immigration courts and judges) Disciplinary Proceedings.
When to file
Complaints should be filed as soon as possible. There are no time limits for filing most complaints. However, complaints based on ineffective assistance of counsel must be filed within one year of a finding of ineffective assistance of counsel by an Immigration Judge, the Board of Immigration Appeals, or a federal court judge or panel. 8 C.F.R. § 1003.102(k).
Filing a Complaint in relation to Immigration Courts
(information based on the DoJ Manual)
Who may file
Anyone may file a complaint against a practitioner, including Immigration Judges, Board Members, the practitioner’s clients, Department of Homeland Security personnel, and other practitioners. 8 C.F.R. § 1003.104(a)(1).
What to file
Complaints must be submitted in writing. Persons filing complaints are encouraged to use the Immigration Practitioner Complaint Form, (Form EOIR-44). See (in this American law platform, in relation to immigration courts and judges) Obtaining Blank Forms. The Form EOIR-44 provides important information about the complaint process, the confidentiality of complaints, and the types of misconduct that can result in discipline by the Executive Office for Immigration Review. Complaints should be specific and as detailed as possible, and supporting documentation should be provided if available.
Where to file
Complaints alleging practitioner misconduct before the Immigration Courts or the Board of Immigration Appeals should be filed with the Executive Office for Immigration Review disciplinary counsel. 8 C.F.R. § 1003.104(a)(1). The completed Form EOIR-44 and supporting documents should be sent to: United States Department of Justice Executive Office for Immigration Review Office of the General Counsel 5107 Leesburg Pike, Suite 2600 Falls Church, VA 22041 Attn: Disciplinary Counsel See EOIR (Executive Office for Immigration Review) Directory. After receiving a complaint, the EOIR (Executive Office for Immigration Review) disciplinary counsel decides whether to initiate disciplinary proceedings. 8 C.F.R. § 1003.104(b). See (in this American law platform, in relation to immigration courts and judges) Disciplinary Proceedings.
When to file
Complaints should be filed as soon as possible. There are no time limits for filing most complaints. However, complaints based on ineffective assistance of counsel must be filed within one year of a finding of ineffective assistance of counsel by an Immigration Judge, the Board of Immigration Appeals, or a federal court judge or panel. 8 C.F.R. § 1003.102(k).