5.1 - Who May File

5.1 - Who May File

(a) Parties

Only an alien who is the subject of an underlying appeal before the Board, the alien’s representative, or DHS 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 Chapter 3.3(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 E (Sample Cover Pages). The Board will not assume that a motion includes all family members (or group members in a consolidated proceeding). See Chapter 4.10 (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 Chapter 2 (Appearances before the Board). Whenever a party is represented, the party should submit all motions to the Board through the practitioner of record. See Chapter2.1(d) (Filings and Communications).

     (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 Chapter 2 (Appearances before the Board). 

     (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 Chapter 2 (Appearances before the Board). 

     (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). 

(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 Chapter 3.3(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 Chapter 2.10 (Amicus Curiae).