2.2 - Unrepresented Respondents ("Pro se" Appearances)

(a) Generally — Individuals in proceedings may represent themselves before the immigration court.

          Individuals may choose to be represented by a practitioner of record for all or part of their proceedings before the immigration court or to receive document assistance from a practitioner.  Due to the complexity of the immigration and nationality laws, the Office of the Chief Immigration Judge recommends that those who can obtain qualified professional representation or document assistance from a practitioner do so.  See Chapters 2.3(b) (Qualifications), 2.4 (Accredited Representatives and Recognized Organizations), 2.5 (Law Students and Law Graduates).

          (b) List of Pro Bono Legal Service Providers — The immigration courts cannot give advice regarding the selection of a practitioner.  However, individuals in proceedings before an immigration court are provided with a list of pro bono legal service providers (the “List”) within the region in which the immigration court is located.  See 8 C.F.R. § 1003.61(a).  The List is maintained by the Executive Office for Immigration Review, Legal Access Programs and contains information on non-profit organizations, referral services, and attorneys willing to provide pro bono legal services to individuals in immigration court proceedings.  Providers appearing on the List may not be able to represent every individual who requests assistance.

          In addition, all of the lists of pro bono legal service providers nationwide are available on the EOIR website.

          (c) Address Obligations — Whether represented or not, respondents in proceedings before the immigration court must notify the immigration court within 5 days of any change in address or telephone number, using the change of address form (Form EOIR‑33/IC).  See 8 C.F.R. § 1003.15(d)(2).  In many instances, the immigration court will send notification as to the time, date, and place of hearing or other official correspondence to the respondent’s address.  If a respondent fails to keep address information up to date, a hearing may be held in the respondent’s absence, and the respondent may be ordered removed without being present.  This is known as an “in absentia” order of removal.

          Parties should note that notification to the Department of Homeland Security of a change in address does not constitute notification to the immigration court.

          (1) Change of address or telephone number — Changes of address or telephone number must be in writing and only on the change of address form (Form EOIR-33/IC).  Unless the respondent is detained, no other means of notification are acceptable.  Changes in address or telephone numbers communicated through pleadings, motion papers, correspondence, telephone calls, applications for relief, or other means will not be recognized, and the address information on record will not be changed.

          (2) Form EOIR-33/IC — The respondent should use only the most current version of the change of address form (Form EOIR-33/IC).  The Form EOIR-33/IC is available at the immigration court and on the EOIR website.  See also Chapter 11 (Forms) and Appendix D (Forms).  Individuals in proceedings should observe the distinction between the immigration courts’ Change of Address Form (Form EOIR-33/IC) and the Board of Immigration Appeals’ Change of Address Form (Form EOIR-33/BIA).  The immigration courts will not recognize changes in address or telephone numbers communicated on the Board of Immigration Appeal’s Change of Address Form (Form EOIR-33/BIA), and the address information on record will not be changed.  When submitted by an attorney or accredited representative, acting as a practitioner of record, the EOIR-33/IC must be submitted electronically through ECAS for all cases eligible for electronic filing and in paper in all other cases.  When submitted by a pro se respondent or a practitioner of record other than an attorney or accredited representative, the Form EOIR-33/IC may be filed either in paper or electronically through the Respondent Access portal.

          (3) Motions — A respondent should file a change of address form (Form EOIR-33/IC) when filing a motion to reopen, a motion to reconsider, or a motion to recalendar.  This ensures that the immigration court has the respondent’s most current address when it adjudicates the motion.

          (d) Address Obligations of Detained Respondents — When a respondent is detained, the Department of Homeland Security (DHS) is obligated to report the location of the respondent’s detention to the immigration court.  DHS is also obligated to report when a respondent is moved between detention locations and when they are released.  See 8 C.F.R. § 1003.19(g).

          (1) While detained — As noted in (d), above, DHS is obligated to notify the immigration court when a respondent is moved between detention locations.  See 8 C.F.R. § 1003.19(g).

          (2) When released — The Department of Homeland Security is responsible for notifying the immigration court when a respondent is released from custody.  8 C.F.R. § 1003.19(g).  Nonetheless, the respondent should file a change of address form (Form EOIR-33/IC) with the immigration court within 5 days of release from detention to ensure that immigration court records are current.  See Chapter 2.2(c) (Address Obligations).