4.1 - Who May File

(a) Parties

Only a party to an underlying appeal before the Board or the party’s representative may file a motion.  An unrepresented or pro se party may receive assistance from a practitioner with the drafting, completion, or filling in of blank spaces of a specific motion intended to be filed with the Board pursuant to a limited appearance for document assistance.  See Part I, Chapter 5.5 (Limited Appearance for Document Assistance); see also Part III, Chapter 2.3(b) (Signatures).  

A motion must identify all parties covered by the motion and state clearly their full names and alien registration numbers (“A numbers”), including all family members.  See Appendix D (Cover Pages).  The Board will not assume that a motion includes all family members (or group members in a consolidated proceeding).  See Chapter 3.10 (Combining and Separating Appeals).  

(b) Practitioners 

Motions may be filed either by a party, if unrepresented (“pro se”), or by a party’s practitioner of record.  See Part I, Chapter 5 (Appearances before the Immigration Court and the Board of Immigration Appeals).  Whenever a party is represented, the party should submit all motions to the Board through the practitioner of record.  See Part I, Chapter 5 (Appearances before the Immigration Court and the Board of Immigration Appeals). 

  (1) Motions to reopen and motions to reconsider - All motions to reopen and motions to reconsider must be accompanied by a Notice of Entry of Appearance as Attorney or Representatives Before the Board of Immigration Appeals (Form EOIR-27), even if the practitioner is already the practitioner of record.  See Part I, Chapter 5.3 (Entering Appearances as the Practitioner of Record).  

  (2) All other motions - On any motion that is not a motion to reopen or a motion to reconsider, if a representative is already the practitioner of record, the motion need not be accompanied by a Notice of Appearance.  However, if a practitioner is appearing for the first time, the practitioner must file a Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27) along with that motion.  See Part I, Chapter 5.3 (Entering Appearances as the Practitioner of Record).  

  (3) Practitioner document assistance to unrepresented respondent with motions — An unrepresented or pro se party may receive assistance from a practitioner with the drafting, completion, or filling in of blank spaces of a specific motion intended to be filed with the Board pursuant to a limited appearance for document assistance.  When filed, the motion must be accompanied by a Notice of Limited Appearance (Form EOIR-60).  See Part I, Chapter 5.5) (Limited Appearance for Document Assistance).  Limited appearance for document assistance through a Form EOIR-60, in Board proceedings is permitted only in cases originating in the immigration court.  

(c) Persons not Party to the Proceeding

Only a party to a proceeding, or a party’s practitioner of record, may file a motion pertaining to that proceeding.  An unrepresented or pro se party may receive assistance from a practitioner with the drafting, completion, or filling in of blank spaces of a specific motion intended to be filed with the Board pursuant to a limited appearance for document assistance.  See Part I, Chapter 5.5 (Limited Appearance for Document Assistance); see also Part III, Chapter 2.3(b) (Signatures).  Family members, employers, and other third parties may not file a motion.  If a third party seeks Board action in a particular case, the request should be made through one of the parties.  Third parties who wish to appear as amicus curiae should consult Part I, Chapter 5.3(b)(6) (Amicus Curiae).