U.S. Department
of Justice
8.5 - Complaints
(a) Who May File
Anyone may file a complaint against a practitioner or recognized organization. 8 C.F.R. §§ 1003.104(a)(1), 1292.19(a).
(b) What to File
Complaints must be submitted in writing. Persons filing complaints are encouraged to use the Immigration Practitioner Complaint Form, (Form EOIR-44). See EOIR’s Forms webpage. Form EOIR-44 provides important information about the complaint process, the confidentiality of complaints, and the types of misconduct that can result in discipline by the Executive Office for Immigration Review (EOIR). Complaints should be specific and as detailed as possible. Supporting documentation should be provided if available.
(c) Where to File
(1) Complaints alleging practitioner misconduct before the immigration courts or the Board of Immigration Appeals (Board), or complaints against recognized organizations, should be filed with the EOIR disciplinary counsel. 8 C.F.R. §§ 1003.104(a)(1), 1292.19(a). The completed Form EOIR-44 and supporting documents should be sent to:
United States Department of Justice
Executive Office for Immigration Review
Office of the General Counsel
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Attn: Disciplinary Counsel
OR
After receiving a complaint, the EOIR disciplinary counsel decides whether to initiate disciplinary proceedings. 8 C.F.R. §§ 1003.104(b), 1292.19(b).
(2) Complaints involving conduct before DHS should be filed in writing with the DHS Disciplinary Counsel at:
Disciplinary Counsel
Office of the Chief Counsel
U.S. Citizenship and Immigration Services
U.S. Department of Homeland Security
5900 Capital Gateway Dr.
Camp Springs, MD 20588-0009
Mail Stop: 2120
OR
8 C.F.R. §§ 1003.104(a)(2); 292.3(d).
(d) When to File
Complaints should be filed as soon as possible. There are no time limits for filing most complaints. However, complaints based on ineffective assistance of counsel must be filed within one year of a finding of ineffective assistance of counsel by an Immigration Judge, the Board, or a federal court judge or panel. 8 C.F.R. § 1003.102(k).