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BIA Practice Manual

BIA Practice Manual
Chapter 2 - Appearances Before the Board

2.9 - Others

(a) Reputable Individuals

In appropriate circumstances, the Board will allow a “reputable individual” to appear on behalf of an alien. See 8 C.F.R. § 1292.1(a)(3). To qualify as a reputable individual, an individual must meet all of the following criteria:

  • be a person of good moral character
  • appear on an individual basis, at the request of the alien
  • receive no direct or indirect remuneration for his or her assistance
  • file a declaration that he or she is not being remunerated for his or her assistance
  • have a preexisting relationship with the alien (e.g., relative, neighbor, clergy), except in those situations where representation would otherwise not be available, and
  • be officially recognized by the Board

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”) does not qualify as a “reputable individual” as defined in the regulations.

To appear before the Board, a reputable individual must file a Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR‑27). He or she should check the box on the Notice of Appearance. Reputable individuals are not issued EOIR ID numbers, and this part of the form can be left blank. A person asking to be recognized as a reputable individual should file a statement attesting to each of the criteria set forth above. This statement should accompany the Notice of Appearance.

(b) Fellow Inmates

The regulations do not provide for representation by fellow inmates or other detained persons. Fellow inmates do not qualify under any of the categories of representatives enumerated in the regulations.

(c) Accredited Foreign Government Officials

An accredited foreign government official may appear before the Board in his or her official capacity and with the alien’s consent. See 8 C.F.R. § 1292.1(a)(5). To appear before the Board, an accredited foreign government official must file a Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR‑27). An accredited foreign government official should check the box on the Notice of Appearance and provide on the reverse side of the form the words “ACCREDITED OFFICAL OF [name of country].” Accredited foreign government officials are not issued EOIR ID numbers and this part of the form can be left blank.

(d) Former Employees of the Department of Justice

Former employees of the Department of Justice may be restricted in their ability to appear before the Board. See 8 C.F.R. § 1292.1(c).

(e) Foreign Student Advisors

A foreign student advisor is not authorized to appear before the Board, unless the advisor is an accredited representative. See Chapter 2.4 (Accredited Representatives).