Law Graduates in the United States
Law Students and Law Graduates in relation to Immigration Courts
(information based on the DoJ Manual)
Generally
Law students and law graduates (law school graduates who are not yet admitted to practice law) may appear before the Immigration Court if certain conditions are met and the appearance is approved by the Immigration Judge. Recognition by the Immigration Court is not automatic and must be requested in writing. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1(a)(2).
Law students
Notice of Appearance
A law student does not register with the Executive Office for Immigration Review eRegistry and cannot electronically 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) Qualifications). A law student must file a paper Form EOIR-28. The law student should be careful to use the most current version of the Form EOIR-28, which is available on the EOIR (Executive Office for Immigration Review) website . He or she should check the box on the Form EOIR (Executive Office for Immigration Review) 28 indicating that he or she is a law student as defined in 8 C.F.R. § 1292.1(a)(2), and provide on the reverse side of the form both the name of the supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) and that person’s business address, if different from that of the law student. The supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) must be registered to practice before EOIR (Executive Office for Immigration Review) and the Form EOIR-28 should also include the EOIR (Executive Office for Immigration Review) ID number of the supervising attorney or fully Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board).
Representation statement
A law student wishing to appear before the Immigration Court must file a statement that he or she is participating in a legal aid program or clinic conducted by a law school or nonprofit organization and is under the direct supervision of a faculty member, licensed attorney, or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board). The statement should also state that the law student is appearing without direct or indirect remuneration from the Alien (person who is not a citizen or national of the United States) being represented. Such statement should be filed with the Notice of Entry of Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28). The law student’s supervisor may be required to accompany the law student at any hearing. 8 C.F.R. § 1292.1(a)(2).
Law graduates
Notice of Appearance
A law graduate does not register with the Executive Office for Immigration Review eRegistry and cannot electronically 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) Qualifications). A law graduate must file a paper Form EOIR-28. The law graduate should be careful to use the most current version of the Form EOIR-28, which is available on the EOIR (Executive Office for Immigration Review) website . He or she should check the box on the Form EOIR (Executive Office for Immigration Review) 28 indicating that he or she is a law graduate as defined in 8 C.F.R. § 1292.1(a)(2), and provide on the reverse side of the form both the name of the supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) and that person’s business address, if different from that of the law graduate. The supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) must be registered to practice before EOIR (Executive Office for Immigration Review) and the Form EOIR-28 should also include the EOIR (Executive Office for Immigration Review) ID number of the supervising attorney or fully Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board).
Representation statement
A law graduate wishing to appear before the Immigration Court must file a statement that he or she is under the direct supervision of a licensed attorney, or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board). The statement should also state that the law graduate is appearing without direct or indirect remuneration from the alien being represented. Such statement should be filed with the Notice of Entry of Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28). The law graduate’s supervisor may be required to accompany the law graduate at any hearing. 8 C.F.R. § 1292.1(a)(2).
Representative misconduct
Law students and law graduates must comply with standards of professional conduct. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.101 et seq.
Law Students and Law Graduates in relation to Immigration Courts
(information based on the DoJ Manual)
Generally
Law students and law graduates (law school graduates who are not yet admitted to practice law) may appear before the Immigration Court if certain conditions are met and the appearance is approved by the Immigration Judge. Recognition by the Immigration Court is not automatic and must be requested in writing. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1292.1(a)(2).
Law students
Notice of Appearance
A law student does not register with the Executive Office for Immigration Review eRegistry and cannot electronically 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) Qualifications). A law student must file a paper Form EOIR-28. The law student should be careful to use the most current version of the Form EOIR-28, which is available on the EOIR (Executive Office for Immigration Review) website . He or she should check the box on the Form EOIR (Executive Office for Immigration Review) 28 indicating that he or she is a law student as defined in 8 C.F.R. § 1292.1(a)(2), and provide on the reverse side of the form both the name of the supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) and that person’s business address, if different from that of the law student. The supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) must be registered to practice before EOIR (Executive Office for Immigration Review) and the Form EOIR-28 should also include the EOIR (Executive Office for Immigration Review) ID number of the supervising attorney or fully Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board).
Representation statement
A law student wishing to appear before the Immigration Court must file a statement that he or she is participating in a legal aid program or clinic conducted by a law school or nonprofit organization and is und
er the direct supervision of a faculty member, licensed attorney, or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board). The statement should also state that the law student is appearing without direct or indirect remuneration from the Alien (person who is not a citizen or national of the United States) being represented. Such statement should be filed with the Notice of Entry of Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28). The law student’s supervisor may be required to accompany the law student at any hearing. 8 C.F.R. § 1292.1(a)(2).
Law graduates
Notice of Appearance
A law graduate does not register with the Executive Office for Immigration Review eRegistry and cannot electronically 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) Qualifications). A law graduate must file a paper Form EOIR-28. The law graduate should be careful to use the most current version of the Form EOIR-28, which is available on the EOIR (Executive Office for Immigration Review) website . He or she should check the box on the Form EOIR (Executive Office for Immigration Review) 28 indicating that he or she is a law graduate as defined in 8 C.F.R. § 1292.1(a)(2), and provide on the reverse side of the form both the name of the supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) and that person’s business address, if different from that of the law graduate. The supervising attorney or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board) must be registered to practice before EOIR (Executive Office for Immigration Review) and the Form EOIR-28 should also include the EOIR (Executive Office for Immigration Review) ID number of the supervising attorney or fully Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board).
Representation statement
A law graduate wishing to appear before the Immigration Court must file a statement that he or she is under the direct supervision of a licensed attorney, or Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board). The statement should also state that the law graduate is appearing without direct or indirect remuneration from the alien being represented. Such statement should be filed with the Notice of Entry of Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28). The law graduate’s supervisor may be required to accompany the law graduate at any hearing. 8 C.F.R. § 1292.1(a)(2).
Representative misconduct
Law students and law graduates must comply with standards of professional conduct. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.101 et seq.
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