§ 1003.17 - Entry of appearance.

§ 1003.17 Appearances.

Cross Reference

Link to an amendment published at 87 FR 56258, Sept. 14, 2022.

(a) In any proceeding before an immigration judge in which the alien is represented, the attorney or representative shall file a Notice of Entry of Appearance on Form EOIR-28 with the immigration court, and shall serve a copy of the Notice of Entry of Appearance on DHS as required by § 1003.32. The entry of appearance of an attorney or representative in

Entry of appearance.

(a) Entering an appearance using Form EOIR-28. A practitioner must enter an appearance in proceedings before an immigration court using Form EOIR-28 to perform the functions of and become the practitioner of record. The practitioner of record is authorized and required to appear in immigration court on behalf of the respondent, file all documents on behalf of the respondent, and accept service of process of all documents filed in the proceedings. The practitioner may enter an appearance to be the practitioner of record for all proceedings before the immigration court, or for custody and bond proceedings only, or for all proceedings other than custody and bond proceedings. A practitioner's entry of appearance in only a custody or bond proceeding shall be separate and apart from an entry of appearance in any proceeding other proceeding than custody or bond before the immigration court. An attorney or representative may file a The Form EOIR-28 indicating must indicate whether the practitioner's entry of appearance is for all proceedings, for custody or and bond proceedings only, any other proceedings only, or for all proceedings . Such Notice of Entry of Appearance must be filed and served even if other than custody and bond proceedings.

(1) Filing Form EOIR-28. The practitioner must file a copy of the Form EOIR-28 with the immigration court and serve a copy on DHS as required by 8 CFR 1003.32. The practitioner must file and serve a Form EOIR-28 even if the practitioner has previously filed a separate Notice of Entry of Appearance

(s) has previously been filed

with DHS for appearances before DHS or previously entered a limited appearance

(s) before DHS.

(b) Withdrawal or substitution of an attorney or representative may be permitted by an Immigration Judge during proceedings only

using Form EOIR-61 in connection with document assistance under paragraph (b) of this section.

(2) Effect of Filing Form EOIR-28. A practitioner who enters an appearance using Form EOIR-28 is the practitioner of record and must appear in immigration court on behalf of the respondent, file all documents on behalf of the respondent, and accept service of process of all documents filed in the proceedings, consistent with 8 CFR 1292.5. Filing a Form EOIR-28 provides the practitioner with access to the record of proceedings during the course of proceedings. A respondent shall be considered represented for the proceedings in which an EOIR-28 has been filed.

(3) Withdrawal or substitution. A practitioner who enters an appearance on behalf of a respondent before the immigration court by filing a Form EOIR-28 remains the practitioner of record unless an immigration judge permits withdrawal or substitution during proceedings upon oral or written motion submitted without fee.

[57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 62 FR 10332, Mar. 6, 1997; 80 FR 59502, Oct. 1, 2015; 86 FR 70722, Dec. 13, 2021

(b) Entering a limited appearance for document assistance using Form EOIR-61. A practitioner who provides assistance to a pro se respondent with the drafting, completion, or filling in of blank spaces of a specific motion, brief, form, or other document or set of documents intended to be filed with the immigration court, regardless of whether such assistance is considered “practice” or “preparation” as defined in 8 CFR 1001.1, must disclose such limited assistance to the immigration court using Form EOIR-61, unless pursuant to paragraph (a) the practitioner has filed a Form EOIR-28 to become the practitioner of record.

(1) Filing Form EOIR-61. A Form EOIR-61 must not be filed as a standalone document. The single Form EOIR-61 must be filed with the immigration court at the same time as the document or set of documents with which the practitioner assisted. Any subsequent filing of a document or set of documents with which a practitioner assisted must be accompanied by a new Form EOIR-61.

(2) Effect of Filing Form EOIR-61. A practitioner who enters a limited appearance using Form EOIR-61 is not the practitioner of record, is not required to appear on behalf of respondent before the immigration court, and is not required to submit a motion to withdraw or substitute. The submission of a Form EOIR-61 does not create additional ongoing obligations between the practitioner, the respondent, and EOIR. An appearance through Form EOIR-61 does not provide the practitioner with access to the record of proceedings. A respondent who received assistance pursuant to this paragraph is not represented, remains pro se, and is subject to service of process of all documents filed in the proceedings, consistent with 8 CFR 1292.5.

(c) Completing an appearance form, proof of qualification, disclosure requirements, and identification. The practitioner must properly complete and sign any Form EOIR-28 or Form EOIR-61, as required by the form instructions. A practitioner's personal appearance or signature on the Form EOIR-28 or Form EOIR-61 constitutes an attestation that the person is authorized and qualified to appear as a practitioner in accordance with § 1292.1. Further proof that the practitioner meets the qualifications of a practitioner as defined in § 1292.1 may be required. The completion of a Form EOIR-28 or Form EOIR-61 in connection with an application or form that requires disclosure of the preparer does not relieve a practitioner from complying with the particular disclosure requirements of the application or form. Notwithstanding the completion of a Form EOIR-28 or Form EOIR-61, the practitioner must identify themselves by name, accompanied by their signature, on any document filed or intended to be filed with the immigration court pursuant to an appearance under paragraph (a) or (b).

[87 FR 56258, Sept. 14, 2022]