10.5 - Filing a Complaint

(a) Who May File — Anyone may file a complaint against a practitioner or recognized organization, including immigration judges, Board Members, the practitioner’s clients, Department of Homeland Security personnel, and other practitioners.  8 C.F.R. §§ 1003.104(a)(1), 1292.19(a).

(b) What to File — Complaints must be submitted in writing.  Persons filing complaints are encouraged to use the Immigration Practitioner Complaint Form, (Form EOIR-44).  See Chapter 11.2 (Obtaining Blank Forms); Appendix D (Forms).  The Form EOIR-44 provides important information about the complaint process, the confidentiality of complaints, and the types of misconduct that can result in discipline by the Executive Office for Immigration Review.  Complaints should be specific and as detailed as possible, and supporting documentation should be provided if available.

(c) Where to File — Complaints alleging practitioner misconduct before the immigration courts or the Board of Immigration Appeals, or complaints against recognized organizations, should be filed with the Executive Office for Immigration Review disciplinary counsel.  8 C.F.R. §§ 1003.104(a)(1), 1292.19(a).  The completed Form EOIR-44 and supporting documents should be sent to:

United States Department of Justice
Executive Office for Immigration Review
Office of the General Counsel
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Attn: Disciplinary Counsel

          OR

EOIR.Attorney.Discipline@usdoj.gov

See Appendix A (Directory).  After receiving a complaint, the EOIR disciplinary counsel decides whether to initiate disciplinary proceedings.  8 C.F.R. §§ 1003.104(b), 1292.19(b).  See Chapter 10.7 (Disciplinary Proceedings).

(d) When to File — Complaints should be filed as soon as possible.  There are no time limits for filing most complaints.  However, complaints based on ineffective assistance of counsel must be filed within one year of a finding of ineffective assistance of counsel by an immigration judge, the Board of Immigration Appeals, or a federal court judge or panel.  8 C.F.R. § 1003.102(k).