Immigrant Representation in the United States

Representation Generally in relation to Immigration Courts

(information based on the DoJ Manual)

Types of representatives

The regulations specify who may represent parties in immigration proceedings. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1. As a practical matter, there are four categories of people who may present cases in Immigration Court: unrepresented aliens, attorneys , Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Boards), and certain categories of persons who are expressly recognized by the Immigration Court. Attorneys and Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s must register with EOIR (Executive Office for Immigration Review) in order to practice before the Immigration Court. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1, eRegistry, Accredited Representatives (people approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board). No one else is recognized to practice before the Immigration Court. Non-lawyer immigration specialists, visa consultants, and “notarios,” are not authorized to represent parties before an Immigration Court.

Entering an appearance

All representatives must file a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR- 28). See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1003.17(a), 1003.23. A Form EOIR-28 may be filed in one of two ways: either as an electronic Form EOIR-28, or as a paper Form EOIR-28. Persons appearing without an attorney or representative (“pro se”) should not file a Form EOIR-28. Note that different forms are used to enter an appearance before an Immigration Court, the Board of Immigration Appeals, and the Department of Homeland Security (DHS). The forms used to enter an appearance before the Board and DHS are as follows:

• the Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27) is used to enter an appearance before the Board
• the Notice of Entry of Appearance of Attorney or Representative (Form G-28) is used to enter an appearance before DHS The Immigration Court will not recognize a representative using a Form EOIR-27 or a Form G-28.

Electronic entry of appearance

After registering with the EOIR (Executive Office for Immigration Review) eRegistry, attorneys and Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s may file either an electronic or paper Form EOIR-28 in the following situations:

• the first appearance of the representative, either at a hearing or by filing a pleading, motion, application, or other document
• whenever a case is remanded to the Immigration Court
• any change of business address or telephone number for the attorney or representative
• upon reinstatement following an attorney’s suspension or expulsion from practice.

In order to file an electronic Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28), an attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) should refer to the instructions for the EOIR (Executive Office for Immigration Review) eRegistry, which can be found on the Executive Office for Immigration Review website . Attorneys and Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s who electronically file a Form EOIR-28 close to a hearing may be required to complete a paper Form EOIR-28 at the hearing.

Paper entry of appearance

A paper, not an electronic, Form EOIR-28 must be filed in the following situations:

• A bond redetermination request made before the filing of a Notice to Appear with an Immigration Court
• A motion to reopen
• A motion to reconsider
• A motion to recalendar proceedings that are administratively closed
• A motion to substitute counsel
• A case in which there is more than one open proceeding
• Disciplinary proceedings.

When filing a paper Form EOIR-28, representatives should be sure to use the most current version of the form, which can be found on the EOIR (Executive Office for Immigration Review) website . See (in this American law platform, in relation to immigration courts and judges) also Forms.

Notice to opposing party

In all instances of representation, the Department of Homeland Security must be served with a copy of the Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR- 28). See (in this American law platform, in relation to immigration courts and judges) Service on the Opposing Party. Even when an attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) files a Form EOIR-28 electronically with the Immigration Court, a printed copy of the electronically filed Form EOIR-28 must be served on the Department of Homeland Security for each case. See Method of service.

Who may file

Whenever a party is represented, the party should submit all filings and communications to the Immigration Court through the representative. See 8 C.F.R. § 1292.5(a). An individual who is not a party to a proceeding may not file documents with the court. See (in this American law platform, in relation to immigration courts and judges) Persons not party to the proceedings, Service on the Opposing Party.

Representation Generally in relation to Immigration Courts

(information based on the DoJ Manual)

Types of representatives

The regulations specify who may represent parties in immigration proceedings. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1. As a practical matter, there are four categories of people who may present cases in Immigration Court: unrepresented aliens, attorneys , Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Boards), and certain categories of persons who are expressly recognized by the Immigration Court. Attorneys and Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s must register with EOIR (Executive Office for Immigration Review) in order to practice before the Immigration Court. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1, eRegistry, Accredited Representatives (people approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board). No one else is recognized to practice before the Immigration Court. Non-lawyer immigration specialists, visa consultants, and “notarios,” are not authorized to represent parties before an Immigration Court.

Entering an appearance

All representatives must file a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR- 28). See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1003.17(a), 1003.23. A Form EOIR-28 may be filed in one of two ways: either as an electronic Form EOIR-28, or as a paper Form EOIR-28. Persons appearing without an attorney or representative (“pro se”) should not file a Form EOIR-28. Note that different forms are used to enter an appearance before an Immigration Court, the Board of Immigrati
on Appeals, and the Department of Homeland Security (DHS). The forms used to enter an appearance before the Board and DHS are as follows:

• the Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27) is used to enter an appearance before the Board
• the Notice of Entry of Appearance of Attorney or Representative (Form G-28) is used to enter an appearance before DHS The Immigration Court will not recognize a representative using a Form EOIR-27 or a Form G-28.

Electronic entry of appearance

After registering with the EOIR (Executive Office for Immigration Review) eRegistry, attorneys and Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s may file either an electronic or paper Form EOIR-28 in the following situations:

• the first appearance of the representative, either at a hearing or by filing a pleading, motion, application, or other document
• whenever a case is remanded to the Immigration Court
• any change of business address or telephone number for the attorney or representative
• upon reinstatement following an attorney’s suspension or expulsion from practice.

In order to file an electronic Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28), an attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) should refer to the instructions for the EOIR (Executive Office for Immigration Review) eRegistry, which can be found on the Executive Office for Immigration Review website . Attorneys and Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s who electronically file a Form EOIR-28 close to a hearing may be required to complete a paper Form EOIR-28 at the hearing.

Paper entry of appearance

A paper, not an electronic, Form EOIR-28 must be filed in the following situations:

• A bond redetermination request made before the filing of a Notice to Appear with an Immigration Court
• A motion to reopen
• A motion to reconsider
• A motion to recalendar proceedings that are administratively closed
• A motion to substitute counsel
• A case in which there is more than one open proceeding
• Disciplinary proceedings.

When filing a paper Form EOIR-28, representatives should be sure to use the most current version of the form, which can be found on the EOIR (Executive Office for Immigration Review) website . See (in this American law platform, in relation to immigration courts and judges) also Forms.

Notice to opposing party

In all instances of representation, the Department of Homeland Security must be served with a copy of the Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR- 28). See (in this American law platform, in relation to immigration courts and judges) Service on the Opposing Party. Even when an attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) files a Form EOIR-28 electronically with the Immigration Court, a printed copy of the electronically filed Form EOIR-28 must be served on the Department of Homeland Security for each case. See Method of service.

Who may file

Whenever a party is represented, the party should submit all filings and communications to the Immigration Court through the representative. See 8 C.F.R. § 1292.5(a). An individual who is not a party to a proceeding may not file documents with the court. See (in this American law platform, in relation to immigration courts and judges) Persons not party to the proceedings, Service on the Opposing Party.