Attorney Reinstatement in the United States

Reinstatement in relation to Immigration Courts

(information based on the DoJ Manual)

Following suspension

Following a suspension, reinstatement is not automatic. To be reinstated following a suspension, a practitioner must:

• file a motion with the Board of Immigration Appeals requesting to be reinstated; and
• show that he or she is an attorney or representative as defined in 8 C.F.R. §§ 1001.1 and 1001.1(j), respectively.

8 C.F.R. § 1003.107(a).

During suspension for more than one year

A practitioner suspended for more than one year may file a petition for reinstatement with the Board of Immigration Appeals after one year has passed or one-half of the suspension has elapsed, whichever is greater. The practitioner must serve a copy of the petition on the Executive Office for Immigration Review disciplinary counsel. In the petition, the practitioner must show that:

• he or she is an attorney or representative as defined in 8 C.F.R. §§ 1001.1
  

  and 1001.1(g), respectively;

• he or she possesses the moral and professional qualifications required for immigration practice; and
• his or her reinstatement will not be detrimental to the administration of justice.

8 C.F.R. § 1003.107(b). The Board has the discretion to hold a hearing to determine if the practitioner meets all of the requirements for reinstatement. If the Board denies a petition for reinstatement, the practitioner is barred from filing a subsequent petition for reinstatement for one year from the date of denial.

If expelled

A practitioner who has been expelled may file a petition for reinstatement with the Board of Immigration Appeals after one year has passed, under the provisions described above.

Cases pending at reinstatement

Suspension or expulsion terminates representation. A practitioner reinstated to immigration practice who wishes to represent clients before the Immigration Court, the Board of Immigration Appeals, or the Department of Homeland Security must enter a new appearance in each case, even if he or she was the attorney at the time that discipline was imposed. See (in this American law platform, in relation to immigration courts and judges) Appearances.

Reinstatement in relation to Immigration Courts

(information based on the DoJ Manual)

Following suspension

Following a suspension, reinstatement is not automatic. To be reinstated following a suspension, a practitioner must:

• file a motion with the Board of Immigration Appeals requesting to be reinstated; and
• show that he or she is an attorney or representative as defined in 8 C.F.R. §§ 1001.1 and 1001.1(j), respectively.

8 C.F.R. § 1003.107(a).

During suspension for more than one year

A practitioner suspended for more than one year may file a petition for reinstatement with the Board of Immigration Appeals after one year has passed or one-half of the suspension has elapsed, whichever is greater. The practitioner must serve a copy of the petition on the Executive Office for Immigration Review disciplinary counsel. In the petition, the practitioner must show that:

• he or she is an attorney or representative as defined in 8 C.F.R. §§ 1001.1
  

  and 1001.1(g), respectively;

• he or she possesses the moral and professional qualifications required for immigration practice; and
• his or her reinstatement will not be detrimental to the administration of justice.

8 C.F.R. § 1003.107(b). The Board has the discretion to hold a hearing to determine if the practitioner meets all of the requirements for reinstatement. If the Board denies a petition for reinstatement, the practitioner is barred from filing a subsequent petition for reinstatement for one year from the date of denial.

If expelled

A practitioner who has been expelled may file a petition for reinstatement with the Board of Immigration Appeals after one year has passed, under the provisions described above.

Cases pending at reinstatement

Suspension or expulsion terminates representation. A practitioner reinstated to immigration practice who wishes to represent clients before the Immigration Court, the Board of Immigration Appeals, or the Department of Homeland Security must enter a new appearance in each case, even if he or she was the attorney at the time that discipline was imposed. See (in this American law platform, in relation to immigration courts and judges) Appearances.