8.3 - Jurisdiction

(a) Practitioners

The Executive Office for Immigration Review (EOIR) is authorized to discipline a practitioner if it finds it to be in the public interest to do so.   The disciplinary procedures described in this chapter apply to practitioners who practice before the immigration courts, the Board of Immigration Appeals (Board), or the Department of Homeland Security (DHS).  See 8 C.F.R. § 1003.101.  It is in the public interest to discipline any practitioner who has engaged in criminal, unethical, or unprofessional conduct or in frivolous behavior. 8 C.F.R. §§ 1003.101(a), 1003.102

(b) Recognized Organizations

EOIR is authorized to discipline a recognized organization if it finds it to be in the public interest to do so.  8 C.F.R. § 1003.110.   It is in the public interest to discipline a recognized organization that violates one or more of the grounds specified in 8 C.F.R. § 1003.110(b).  Specific grounds for discipline of recognized organizations are listed in Chapter 8.4(b).

(c) Immigration Judges

The disciplinary procedures described in this chapter do not apply to Immigration Judges.  For information on Immigration Judge conduct, see Chapter 9 (Conduct and Professionalism for Adjudicators).

(d) DHS Attorneys

The disciplinary procedures described in this chapter do not apply to attorneys who represent DHS.  The conduct of DHS attorneys is governed by DHS rules and regulations.  Concerns or complaints about the conduct of DHS attorneys may be raised with DHS.

(e) Immigration Specialists/Consultants/Notarios

The disciplinary procedures described in this chapter do not apply to non-practitioners engaged in the unauthorized practice of law.   Anyone harmed by an individual practicing law without authorization should contact the appropriate law enforcement or consumer protection agency.  In addition, persons harmed by such conduct are encouraged to contact the EOIR Fraud and Abuse Prevention Program.  See Chapter 7 (Fraud and Abuse Prevention Program).

In general, immigration specialists/consultants, visa consultants, and notarios are not authorized to practice law and cannot perform legal services, provide legal advice, or represent themselves to be attorneys or otherwise authorized to represent individuals before EOIR.