2.10 - 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. An appearance as amicus curiae is not a request to represent a party before the Board. The Notice of Appearance (Form EOIR‑27) is therefore not required. See Chapter 2.1(a) (Types of Representatives).

The Board generally limits the appearance of amicus curiae to the filing of briefs. See Chapter 4.6(i) (Amicus curiae briefs). Amicus curiae may request an opportunity to present oral argument, but such requests are granted sparingly. See Chapter 8.7(d)(8) (Amicus Curiae).

A person or organization wishing to make an appearance as an amicus curiae must file a written request with the Clerk’s Office, preferably with a cover page labeled “REQUEST TO APPEAR AS AMICUS CURIAE.” See Appendix A (EOIR Directory), Appendix E (Sample Cover Pages). That request should specify the name and alien registration number (“A number”) of the matter in which an amicus curiae wishes to appear and articulate why amicus curiae should be permitted to appear. A brief should accompany the request to appear as amicus curiae. If the Board grants the request, the parties will be provided an opportunity to respond.  See Chapter 4.6(h) (Reply briefs), 4.6(i) (Amicus curiae briefs). The request and brief should be served on all parties to the proceedings. See Chapter 3.2 (Service).

The Board may, at its discretion, acknowledge helpful amicus curiae brief(s) and contributors.