Duty to Report

Duty to Report in the United States

Duty to Report in relation to Immigration Courts

(information based on the DoJ Manual) A practitioner who practices before the Immigration Courts, the Board of Immigration Appeals, or the Department of Homeland Security has an affirmative duty to report whenever he or she:

  • has been found guilty of, or pled guilty or nolo contendere to, a serious crime (as defined in 8 C.F.R. § 1003.102(h)); or
  • has been disbarred or suspended from practicing law, or has resigned while a disciplinary investigation or proceeding is pending.

8 C.F.R. §§ 1003.103(c), 292.3(c)(4). The practitioner must report the misconduct, criminal conviction, or discipline to the Executive Office for Immigration Review disciplinary counsel within 30 days of the issuance of the relevant initial order. This duty applies even if an appeal of the conviction or discipline is pending.

Duty to Report in relation to Immigration Courts

(information based on the DoJ Manual) A practitioner who practices before the Immigration Courts, the Board of Immigration Appeals, or the Department of Homeland Security has an affirmative duty to report whenever he or she:

  • has been found guilty of, or pled guilty or nolo contendere to, a serious crime (as defined in 8 C.F.R. § 1003.102(h)); or
  • has been disbarred or suspended from practicing law, or has resigned while a disciplinary investigation or proceeding is pending.

8 C.F.R. §§ 1003.103(c), 292.3(c)(4). The practitioner must report the misconduct, criminal conviction, or discipline to the Executive Office for Immigration Review disciplinary counsel within 30 days of the issuance of the relevant initial order. This duty applies even if an appeal of the conviction or discipline is pending.


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