Immigration Judges in the United States
Jurisdiction in relation to Immigration Courts
(information based on the DoJ Manual)
Immigration Judges
Immigration Judges have the authority to file complaints concerning practitioners who appear before them. The disciplinary procedures described in This entry do not apply to Immigration Judges. For information on Immigration Judge conduct, see (in this American law platform, in relation to immigration courts and judges) Immigration Judge conduct and professionalism.
Practitioners
The disciplinary procedures described in this entry apply to practitioners who practice before the Immigration Courts, the Board of Immigration Appeals, or the Department of Homeland Security. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.101.
DHS attorneys
The disciplinary procedures described in This entry do not apply to attorneys who represent the Department of Homeland Security (DHS). The conduct of DHS attorneys is governed by DHS rules and regulations. Concerns or complaints about the conduct of DHS attorneys may be raised in writing with the DHS Office of the Chief Counsel where the Immigration Court is located. A list of Offices of the Chief Counsel is available on the DHS website at ice.gov.
Unauthorized practice of law
The disciplinary procedures described in This entry apply to practitioners who assist in the unauthorized practice of law. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.102(m). Anyone may file a complaint against a practitioner who is assisting in the unauthorized practice of law. See (in this American law platform, in relation to immigration courts and judges) Filing a Complaint. The disciplinary procedures described in This entry do not apply to non-practitioners engaged in the unauthorized practice of law. Anyone harmed by an individual practicing law without authorization should contact the appropriate law enforcement or consumer protection agency. In addition, persons harmed by such conduct are encouraged to contact the Executive Office for Immigration Review Fraud Program. See (in this American law platform, in relation to immigration courts and judges) entry EOIR (Executive Office for Immigration Review) Fraud Program. In general, the unauthorized practice of law includes certain instances where non-attorneys perform legal services, give legal advice, or represent themselves to be attorneys. Individuals engaged in the unauthorized practice of law include some immigration specialists, visa consultants, and “notarios.”
Jurisdiction in relation to Immigration Courts
(information based on the DoJ Manual)
Immigration Judges
Immigration Judges have the authority to file complaints concerning practitioners who appear before them. The disciplinary procedures described in This entry do not apply to Immigration Judges. For information on Immigration Judge conduct, see (in this American law platform, in relation to immigration courts and judges) Immigration Judge conduct and professionalism.
Practitioners
The disciplinary procedures described in this entry apply to practitioners who practice before the Immigration Courts, the Board of Immigration Appeals, or the Department of Homeland Security. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.101.
DHS attorneys
The disciplinary procedures described in This entry do not apply to attorneys who represent the Department of Homeland Security (DHS). The conduct of DHS attorneys is governed by DHS rules and regulations. Concerns or complaints about the conduct of DHS attorneys may be raised in writing with the DHS Office of the Chief Counsel where the Immigration Court is located. A list of Offices of the Chief Counsel is available on the DHS website at ice.gov.
Unauthorized practice of law
The disciplinary procedures described in This entry apply to practitioners who assist in the unauthorized practice of law. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.102(m). Anyone may file a complaint against a practitioner who is assisting in the unauthorized practice of law. See (in this American law platform, in relation to immigration courts and judges) Filing a Complaint. The disciplinary procedures described in This entry do not apply to non-practitioners engaged in the unauthorized practice of law. Anyone harmed by an individual practicing law without authorization should contact the appropriate law enforcement or consumer protection agency. In addition, persons harmed by such conduct are encouraged to contact the Executive Office for Immigration Review Fraud Program. See (in this American law platform, in relation to immigration courts and judges) entry EOIR (Executive Office for Immigration Review) Fraud Program. In general, the unauthorized practice of law includes certain instances where non-attorneys perform legal services, give legal advice, or represent themselves to be attorneys. Individuals engaged in the unauthorized practice of law include some immigration specialists, visa consultants, and “notarios.”
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