Immigration Court Representation

Immigration Court Representation in the United States

Representation in relation to Immigration Courts

(information based on the DoJ Manual)

Appearances

A respondent in removal proceedings may appear without representation (“pro se”) or with representation. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court. If a party wishes to be represented, he or she may be represented by an individual authorized to provide representation under federal regulations. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1. See (in this American law platform, in relation to immigration courts and judges) also Appearances before the Immigration Court. Whenever a respondent is represented, the respondent should submit all filings, documents, and communications to the Immigration Court through his or her representative. See (in this American law platform, in relation to immigration courts and judges) Who may file.

Notice of Appearance

Representatives before the Immigration Court 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) Entering an appearance. If at any time after the commencement of proceedings there is a change in representation, the new representative must file a new Form EOIR-28, as well as complying with the other requirements for substitution of counsel, if applicable. See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Appearances, Scope of Appearances, Substitution of counsel.

Multiple representation

For guidance on the limited circumstances in which parties may be represented by more than one representative, see (in this American law platform, in relation to immigration courts and judges) Scope of representation, Multiple representatives.

Withdrawal or substitution

Withdrawal of counsel can be requested by oral or written motion. See (in this American law platform, in relation to immigration courts and judges) Withdrawal of counsel. Substitution of counsel also can be requested by oral or written motion. See (in this American law platform, in relation to immigration courts and judges) Substitution of counsel.

Representation in relation to Immigration Courts

(information based on the DoJ Manual)

Appearances

A respondent in removal proceedings may appear without representation (“pro se”) or with representation. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court. If a party wishes to be represented, he or she may be represented by an individual authorized to provide representation under federal regulations. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1. See (in this American law platform, in relation to immigration courts and judges) also Appearances before the Immigration Court. Whenever a respondent is represented, the respondent should submit all filings, documents, and communications to the Immigration Court through his or her representative. See (in this American law platform, in relation to immigration courts and judges) Who may file.

Notice of Appearance

Representatives before the Immigration Court 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) Entering an appearance. If at any time after the commencement of proceedings there is a change in representation, the new representative must file a new Form EOIR-28, as well as complying with the other requirements for substitution of counsel, if applicable. See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Appearances, Scope of Appearances, Substitution of counsel.

Multiple representation

For guidance on the limited circumstances in which parties may be represented by more than one representative, see (in this American law platform, in relation to immigration courts and judges) Scope of representation, Multiple representatives.

Withdrawal or substitution

Withdrawal of counsel can be requested by oral or written motion. See (in this American law platform, in relation to immigration courts and judges) Withdrawal of counsel. Substitution of counsel also can be requested by oral or written motion. See (in this American law platform, in relation to immigration courts and judges) Substitution of counsel.


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