U.S. Department
of Justice
5.1 - Representation and Appearances Generally
(a) Right to Counsel
Under the regulations, respondents/applicants appearing before the immigration court or the Board of Immigration Appeals (Board) may represent themselves or be represented by practitioners. See 8 C.F.R. §§ 1001.1(f), 1292.1. Due to the complexity of the immigration and nationality laws, respondents/applicants may wish to seek representation by a practitioner. See Chapter 2.3 (Pro Bono Representation).
Practitioners include the following: attorneys, accredited representatives, and certain categories of persons who are expressly recognized by the immigration court or the Board (Chapter 5.2(c) and (d)). Individuals may be represented by a practitioner of their choosing, at no cost to the government. As in most civil or administrative proceedings, the government does not provide legal counsel. The immigration court provides respondents/applicants with a list of pro bono legal service providers who may be willing to represent them at no cost. Many of these providers may offer representation on appeal as well.
Attorneys and fully accredited representatives must register with the Executive Office for Immigration Review (EOIR) in order to practice before the immigration court or the Board. See 8 C.F.R. § 1292.1(a)(1), (a)(4), (f); Chapter 5.3(a)(1)(A) (Electronic entry of appearance). An accredited representative must register with the recognized organization where he or she is accredited.
No one other than a practitioner is authorized to appear before the immigration court or the Board. Non-lawyer immigration specialists, visa consultants, and “notarios” are not authorized to represent parties or appear before the immigration court.
Please see Part IV, Chapter 2 for information regarding representation and appearances before OCAHO.
(b) Address Obligations of Aliens
Whether represented or not, aliens in proceedings before the immigration court or the Board of Immigration Appeals (Board) must notify the immigration court or Board of a change of address within five days of any change in address or telephone number. Aliens should use only the most current version of the Change of Address/Contact Information Form Immigration Court (Form EOIR-33/IC) or Change of Address/Contact Information Form Board of Immigration Appeals (Form EOIR-33/BIA). Forms are available at the immigration courts and on the EOIR website.
When submitted by an attorney or accredited representative, acting as a practitioner of record, the EOIR-33/IC must be submitted electronically through ECAS for all cases eligible for electronic filing and in paper in all other cases. When submitted by a pro se alien, or a practitioner of record other than an attorney or accredited representative, Form EOIR-33/IC or Form EOIR-33/BIA may be filed either in paper or electronically through EOIR Respondent Access.
Notification to the Department of Homeland Security (DHS) of a change in address does not constitute notification to the immigration court or the Board.
The immigration court and the Board will not recognize changes in address or telephone numbers communicated on an incorrect Change of Address/Contact Information Form.
(1) Non-Detained Aliens – Aliens in proceedings before the immigration court or the Board must notify the immigration court or the Board within 5 days of any change in address or telephone number. Changes of address must be made in writing using the Form EOIR-33/IC or Form EOIR-33/BIA, as appropriate. Unless the alien is detained, no other means of notification are acceptable. Changes in address or telephone numbers communicated through pleadings, motion papers, correspondence, telephone calls, applications for relief, or other means will not be recognized, and the address information on record will not be changed.
(A) Aliens in proceedings before the immigration court – use the Change of Address/Contact Information Form Immigration Court (Form EOIR-33/IC) to update their contact information. See 8 C.F.R. § 1003.15(d)(2). The immigration court may send notification as to the time, date, and place of hearing or other official correspondence to the alien’s address. If an alien fails to keep address information up to date, a hearing may be held in the alien’s absence, and the alien may be ordered removed even though the alien is not present. This is known as an “in absentia” order of removal.
(B) Aliens in proceedings before the Board – use the Change of Address/Contact Information Form Board of Immigration Appeals (Form EOIR-33/BIA). See 8 C.F.R. § 1003.38(e). In all instances, the Board sends communications to the last properly provided address. If an alien fails to keep address information up to date, the Board may treat that failure as abandonment of the alien’s appeal or motion.
(C) Motions – Aliens should file a Form EOIR-33/IC or Form EOIR-33/BIA, as appropriate, whenever filing a motion to reopen, a motion to reconsider, or a motion to recalendar. This will ensure that the immigration court or the Board has the alien’s current address when it adjudicates the motion.
(D) Appeals – When an appeal is filed, the Board relies on the address for the alien that appears in the Notice of Appeal (Form EOIR-26) until such time as a change of address is reported through the filing of Form EOIR-33/BIA.
(E) Federal court remands – When the Board is notified of a federal court remand, the Board relies on the address for the alien that was last provided to the Board. To ensure that the Board has the most current address, aliens are encouraged to file a Form EOIR-33/BIA with the Board whenever a federal court remands his or her case to the Board.
(2) Detained Aliens – When an alien is detained, DHS is obligated to report the location of the alien’s detention.
(A) While detained – When an alien is detained, DHS is obligated to report the location of the alien’s detention to the immigration court and the Board. DHS is also obligated to report when aliens are moved between detention locations and when they are released. See 8 C.F.R. § 1003.19(g). It is recommended that detained aliens also report their transfer from one facility to another whenever possible using Form EOIR-33/IC or Form EOIR-33/BIA as appropriate.
(B) When released - DHS is responsible for notifying the immigration court when an alien is released from custody. 8 C.F.R. § 1003.19(g). Nonetheless, the alien must also file a Form EOIR-33/IC or Form EOIR-33/BIA, as appropriate, with the immigration court or the Board within 5 days of release from detention to ensure that records are current.
(c) Address Obligations of Practitioners
All practitioners have an affirmative duty to keep the immigration court and the Board apprised of their current contact information, including address, email address, and telephone number. Changes in an attorney’s or an accredited representative’s address or contact information should be made by updating the registration information in the EOIR eRegistry to include the new address and contact information. In addition to updating EOIR’s eRegistry, accredited representatives must also update their contact information by notifying the Recognition and Accreditation Program. However, updates to the registration in EOIR’s eRegistry do not change an attorney’s or an accredited representative’s address in individual cases.
Practitioners of record must submit a new Form EOIR-28 or Form EOIR-27 as appropriate for each respondent/applicant for which the practitioner’s address is being changed. If a practitioner has multiple addresses, the practitioner should make sure that the appropriate address is designated for each respondent. The practitioner also should check the “New Address” box in the address block on Form EOIR-28 or Form EOIR-27. The practitioner should not submit a Form EOIR-33/IC or Form EOIR-33/BIA to notify the immigration court or the Board of a change in the practitioner’s address.
(A) No compound changes of address — A practitioner of record may not submit a list of clients for whom a change of address should be entered. Practitioners of record must submit a new Form EOIR-28 or Form EOIR-27 for each represented respondent.
(B) Address obligations of represented respondents – Address changes by practitioners of record on behalf of their clients must be submitted through the Case Portal. Changes of address for the respondent must be made on Form EOIR-33/IC or Form EOIR-33/BIA.