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EOIR Policy Manual

EOIR Policy Manual
Part I - Introduction

8.10 - Reinstatement

(a) On Expiration of Suspension - Reinstatement is not automatic upon the expiration of a period of suspension.  

     (1) With exceptions for accredited representatives specified in subsection (d) below, to be reinstated following a suspension, a practitioner must file a motion with the Board of Immigration Appeals (Board) requesting reinstatement.  The motion must show that he or she is an attorney or representative as defined in 8 C.F.R. §§ 1001.1(f) and 1001.1(j), respectively, and a copy of the motion must be served on the Executive Office for Immigration Review (EOIR) disciplinary counsel and the Department of Homeland Security (DHS) disciplinary counsel.  8 C.F.R. § 1003.107(a)(1).

     (2) The EOIR disciplinary counsel or the DHS disciplinary counsel may file a written response, including supporting documents or evidence, objecting to reinstatement on the ground that the practitioner failed to comply with the terms of the suspension.   8 C.F.R. § 1003.107(a)(2).   

    (3) If a practitioner does not meet the definition of attorney or representative, the Board will deny the motion for reinstatement.   8 C.F.R. § 1003.107(b)(3).   If the practitioner failed to comply with the terms of the suspension, the Board will deny the motion for reinstatement and indicate the circumstances under which reinstatement may be sought.

    (4) If a practitioner meets the definition of attorney or representative and the practitioner otherwise has complied with the terms of the suspension, the Board will grant the motion and reinstate the practitioner.  8 C.F.R. § 1003.107(b)(3).

(b) Early Reinstatement – 

    (1) With exceptions for accredited representatives specified in subsection (d) below, a practitioner suspended for more than one year may file a petition for reinstatement with the Board after one year has passed or one-half of the suspension has elapsed, whichever is greater.  The practitioner must serve a copy of the petition on the EOIR disciplinary counsel and the DHS disciplinary counsel.  The practitioner must show that:

  • he or she is an attorney or representative as defined in 8 C.F.R. §§ 1001.1(f) and 1001.1(g), respectively;
  • he or she possesses the moral and professional qualifications required to appear before the Board, the immigration courts, or DHS; and
  • his or her reinstatement will not be detrimental to the administration of justice.  8 C.F.R. § 1003.107(b). Matter of Krivonos, 24 I&N Dec. 292, 293 (BIA 2007).

   (2) The EOIR disciplinary counsel or the DHS disciplinary counsel may file a written response, including supporting documents or evidence, objecting to reinstatement.   8 C.F.R. § 1003.107(b)(2).   

   (3) Failure to meet any one of the criteria in section (b)(1) will result in the request for reinstatement being denied.  After a request for reinstatement is denied, the practitioner may not seek reinstatement for one year from the date of denial unless the practitioner is eligible under section (a) above.  8 C.F.R. § 1003.107(b)(3).  

   (4) If a practitioner does not meet the definition of attorney or representative, the Board will deny the motion for reinstatement without further consideration.   8 C.F.R. § 1003.107(b)(3).   If the petition for reinstatement is found to be otherwise inappropriate or unwarranted, the Board will deny the petition.  

   (5) The Board has discretion to hold a hearing to determine if the practitioner meets all of the requirements for reinstatement.  If the Board denies a petition for reinstatement, the practitioner is barred from filing a subsequent petition for reinstatement for one year from the date of denial.

(c) If Disbarred

A practitioner who has been disbarred may file a petition for reinstatement with the Board after one year has passed, under the provisions described in subsection (b), above.

(d) Accredited Representatives

      (1) Suspended - When an accredited representative is suspended past the expiration of the period of accreditation, the accredited representative may not seek reinstatement.  After the accredited representative’s suspension period has expired, a new request for accreditation may be submitted by the recognized organization pursuant to 8 C.F.R. §§ 1003.107(c)(1), 1292.13.

      (2) Disbarred - An accredited representative who has been disbarred may not seek reinstatement.   8 C.F.R. § 1003.107(c)(2).

(e) Cases Pending at Reinstatement

Suspension or disbarment terminates representation.  A practitioner reinstated to practice who wishes to represent clients as the practitioner of record before the immigration court, the Board, or DHS must enter a new appearance in each case, even if he or she was the practitioner of record at the time that discipline was imposed.  See Chapter 5.3 (Entering an Appearance as the Practitioner of Record).