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Chapter 4 - Hearings Before the Immigration Judges

4.4 - Representation

(a) Appearances as Practitioner of Record — A respondent in removal proceedings may appear without representation (“pro se”) or with representation from a practitioner of record.  See Chapter 2 (Appearances before the Immigration Court).  If a party wishes to be represented, they may be represented by an individual authorized to provide representation under federal regulations.  See 8 C.F.R. § 1292.1.  See also Chapter 2 (Appearances before the Immigration Court).  Whenever a respondent is represented, the respondent should submit all filings, documents, and communications to the immigration court through their practitioner of record.  

(b) Notice of Appearance — Practitioners before the immigration court must file a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR‑28) to perform the functions of and become the practitioner of record.  See Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record).  If at any time after the commencement of proceedings there is a change in representation, the new practitioner must file a new Form EOIR‑28, as well as complying with the other requirements for substitution of counsel, if applicable.  See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(b)(2) (Scope of Representation), 2.1(b)(3)(B) (Substitution of counsel).

(c) Multiple Practitioners of Record — For guidance on the limited circumstances in which parties may be represented by more than one practitioner of record, see Chapters 2.1(b)(2) (Scope of Representation), 2.1(b)(4) (Multiple Practitioners).  

(d) Withdrawal or Substitution — Withdrawal of counsel can be requested by oral or written motion.  See Chapter 2.1(b)(3)(C) (Withdrawal of counsel).  Substitution of counsel also can be requested by oral or written motion.  See Chapter 2.1(b)(3)(B) (Substitution of counsel).