U.S. Department
of Justice
5.2 - Individuals Authorized to Provide Representation and Make Appearances
(a) Attorneys – Attorneys may represent respondents/applicants in Executive Office for Immigration Review (EOIR) proceedings as the practitioner of record, or provide document assistance, only if they are members in good standing of the bar of the highest court of any state, possession, territory, Commonwealth of the United States, or the District of Columbia, and are not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting them in the practice of law. See 8 C.F.R. §§ 1001.1(f), 1292.1(a)(1). Any attorney appearing before the immigration court or the Board who is the subject of discipline in any jurisdiction must promptly notify the EOIR’s Office of the General Counsel. See Chapter 8.6 (Duty to Report). Attorneys must register with EOIR through eRegistry in order to appear before the immigration court and the Board and to use EOIR Courts & Appeals System (ECAS). See 8 C.F.R. § 1292.1(f). If an attorney fails to register, the attorney may be administratively suspended from practice before the immigration court and the Board. See 8 C.F.R. § 1292.1(f).
(b) Accredited Representatives of Recognized Organizations – A fully accredited representative is a practitioner who is not an attorney and is approved by the Assistant Director for Policy or the Assistant Director’s designee to make appearances before the immigration court or the Board. An accredited representative must, among other requirements, have the character and fitness to represent respondents/applicants and be employed by, or be a volunteer for, a non-profit religious, charitable, social service, or similar organization which has been recognized by the Assistant Director for Policy or the Assistant Director’s designee to represent aliens. 8 C.F.R. §§ 1292.1(a)(4), 1292.11(a), 1292.12(a)-(e). Details regarding the requirements for recognition can be found in Chapter 2.6 of the Policy Manual. A representative’s accreditation is specific to the recognized organization and does not follow a representative who leaves the organization. Accreditation of an individual is valid for a period of up to three years, which may be renewed. 8 C.F.R. § 1292.16.
(c) Law Students or Law Graduates – Law students and law school graduates (who are not yet admitted to practice law) may appear before the immigration court or the Board if certain conditions are met and the appearance is approved by the Immigration Judge or the Board. Recognition by the immigration court or the Board is not automatic and must be requested in writing. See 8 C.F.R. § 1292.1(a)(2).
(1) Law Students – A law student participating in a legal aid program or clinic conducted by a law school or non-profit organization may appear before the immigration court or the Board under the direct supervision of an EOIR-registered attorney or accredited representative. 8 C.F.R. § 1292.1(a)(2)(ii). Law students must not receive direct or indirect remuneration from the respondent/applicant they represent. 8 C.F.R. § 1292.1(a)(2)(ii). A law student is not permitted to register with the EOIR and, therefore, cannot electronically file documents.
(2) Law Graduates – A law graduate may appear before the immigration court or the Board under the supervision of an EOIR-registered attorney or accredited representative. The law graduate must not receive direct or indirect remuneration from the respondent/applicant he or she represents. 8 C.F.R. § 1292.1(a)(2)(iii). A law graduate is not permitted to register with the EOIR and, therefore, cannot electronically file documents.
(d) Other Eligible Representatives
(1) Family Members - If a party is a child, then a parent or legal guardian may appear in EOIR proceedings and represent the child, provided the parent or legal guardian clearly informs the immigration court or Board as appropriate of that relationship. If a party is an adult, a family member may represent the party only when the family member has been authorized by the immigration court or the Board to do so as a reputable individual.
(2) Reputable Individuals - Reputable individuals are practitioners who may appear the immigration court or the Board if certain conditions are met, and the appearance is approved by the Immigration Judge or the Board as appropriate. Recognition by the immigration court or the Board is not automatic and should be requested in writing. See 8 C.F.R. § 1292.1(a)(3).
(A) To qualify as a reputable individual and be permitted to appear, an individual must meet all of the following criteria, as found by an Immigration Judge or the Board in their discretion:
• be a person of good moral character;
• appear on an individual basis, at the request of the respondent/applicant;
• receive no direct or indirect remuneration for his or her assistance of the respondent/applicant;
• file a declaration that he or she is not being remunerated for his or her assistance of the respondent/applicant;
• have a preexisting relationship with the respondent/applicant (e.g., relative, neighbor, clergy), except in those situations where representation would otherwise not be available; and
• be officially recognized by the immigration court or by the Board as appropriate.
(B) Any individual who receives any sort of compensation or makes immigration appearances on a regular basis (such as a non-lawyer “immigration specialist,” “visa consultant,” or “notario”) or holds him or herself out to the public as qualified to do so does not qualify as a “reputable individual” as defined in the regulations.
(3) Accredited Officials of Foreign Governments - An accredited official of a foreign government to which the respondent/applicant owes an allegiance and who is in the United States may appear in EOIR proceedings as a practitioner if the appearance is in his or her official capacity and with the respondent/applicant’s consent. See 8 C.F.R. § 1292.1(a)(5).
(e) Amicus Curiae - The Board may grant permission to an amicus curiae to appear, on a case-by-case basis, where it serves the public interest. 8 C.F.R. § 1292.1(d). The decision to grant or deny a request to appear as amicus curiae is within the sole discretion of the Board.