10.10 - Reinstatement
(a) Following Suspension — Following a suspension, reinstatement is not automatic. With exceptions for accredited representatives specified in subsection (d) below, to be reinstated following a suspension, a practitioner must:
- file a motion with the Board of Immigration Appeals requesting to be reinstated;
- show that they are an attorney or representative as defined in 8 C.F.R. §§ 1001.1(f) and 1001.1(j), respectively; and
- serve a copy of the motion on the EOIR Disciplinary Counsel and the DHS Disciplinary Counsel.
8 C.F.R. § 1003.107(a)(1).
The Executive Office for Immigration Review Disciplinary Counsel or the DHS Disciplinary Counsel may file a written response, including supporting documents or evidence, objecting to reinstatement on the ground that the practitioner failed to comply with the terms of the suspension. 8 C.F.R. § 1003.107(a)(2). Failure to meet the definition of an attorney or accredited representative will result in the request for reinstatement being denied. 8 C.F.R. § 1003.107(b)(3). If the practitioner failed to comply with the terms of the suspension, the Board will deny the motion and indicate the circumstances under which reinstatement may be sought.
(b) During Suspension for More than One Year — A practitioner suspended for more than one year may file a petition for reinstatement with the Board of Immigration Appeals after one year has passed or one-half of the suspension has elapsed, whichever is greater. The practitioner must serve a copy of the petition on the Executive Office for Immigration Review disciplinary counsel. In the petition, the practitioner must show that:
- they are an attorney or representative as defined in 8 C.F.R. §§ 1001.1(f) and 1001.1(g), respectively;
- they possess the moral and professional qualifications required to appear before the Board, the immigration courts, or DHS; and
- their reinstatement will not be detrimental to the administration of justice.
8 C.F.R. § 1003.107(b).
The Board has the discretion to hold a hearing to determine if the practitioner meets all of the requirements for reinstatement. If the Board denies a petition for reinstatement, the practitioner is barred from filing a subsequent petition for reinstatement for one year from the date of denial.
(c) If Disbarred — A practitioner who has been disbarred may file a petition for reinstatement with the Board of Immigration Appeals after one year has passed, under the provisions described in subsection (b), above.
(d) Accredited Representatives —
(1) Suspended — When an accredited representative is suspended past the expiration of the period of accreditation, the representative may not seek reinstatement. After the representative’s suspension period has expired, a new request for accreditation may be submitted by the recognized organization pursuant to 8 C.F.R. §§ 1003.107(c)(1), 1292.13.
(2) Disbarred — An accredited representative who has been disbarred may not seek reinstatement. 8 C.F.R. § 1003.107(c)(2).
(e) Cases Pending at Reinstatement — Suspension or disbarment terminates representation. A practitioner reinstated to immigration practice who wishes to represent clients as the practitioner of record before the immigration court, the Board of Immigration Appeals, or the Department of Homeland Security must enter a new appearance in each case, even if they were the practitioner of record at the time that discipline was imposed. See Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record).