Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 8 - Aliens and Nationality |
Chapter V - Executive Office for Immigration Review, Department of Justice |
SubChapter A - General Provisions |
Part 1003 - Executive Office for Immigration Review |
Subpart G - Professional Conduct for Practitioners - Rules and Procedures |
§ 1003.107 - Reinstatement after disbarment or suspension.
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§ 1003.107 Reinstatement after disbarment or suspension.
(a) Expiration Reinstatement upon expiration of suspension. Upon notice to the Board
will(1) Except as provided in paragraph (c)(1) of this section, after the period of suspension has expired, a practitioner who has been suspended
, once the period of suspension has expired, provided that he or sheand wishes to be reinstated must file a motion to the Board requesting reinstatement to practice before the Board and the Immigration Courts, or DHS, or before all three authorities
If a practitioner cannot. The practitioner must demonstrate by clear and convincing evidence that notwithstanding the suspension, the practitioner otherwise meets the definition of attorney or representative as set forth in § 1001.1(f) and (j), respectively, of this chapter.
The practitioner must serve a copy of such motion on the EOIR disciplinary counsel. In matters in which the practitioner was ordered suspended from practice before DHS, the practitioner must serve a copy of such motion on the DHS disciplinary counsel.
(2) The EOIR disciplinary counsel and, in matters in which the practitioner was ordered suspended from practice before DHS, the DHS disciplinary counsel, may reply within 13 days of service of the motion in the form of a written response objecting to the reinstatement on the ground that the practitioner failed to comply with the terms of the suspension. The response must include supporting documentation or evidence of the petitioner's failure to comply with the terms of the suspension. The Board, in its discretion, may afford the parties additional time to file briefs or hold a hearing to determine if the practitioner meets all the requirements for reinstatement.
decline to(3) If a practitioner does not meet the definition of attorney or representative, the Board shall
deny the motion for reinstatement without further consideration. If the practitioner failed to comply with the terms of the suspension, the Board shall deny the motion and indicate the circumstances under which the practitioner may apply for reinstatement. If the practitioner meets the definition of attorney or representative and the practitioner otherwise has complied with the terms of the suspension, the Board shall grant the motion and reinstate the practitioner.
(b) Petition for Early reinstatement. A
he or she(1) Except as provided in paragraph (c) of this section, a practitioner who has been disbarred or who has been suspended for one year or more may file a petition for reinstatement directly with the Board after one-half of the suspension period has expired or one year has passed, whichever is greater, provided that
notwithstanding the suspension, the practitioner otherwise meets the definition of attorney or representative as set forth in § 1001.1(f) and (j), respectively, of this chapter. A copy of such a petition shall be served on the EOIR disciplinary counsel. In matters in which the practitioner was ordered disbarred or suspended from practice before DHS, a copy of such petition shall be served on the DHS disciplinary counsel.
1(
The practitioner shall have the burden of demonstrating2)
he or she possess theA practitioner seeking early reinstatement must demonstrate by clear and convincing evidence that
andthe practitioner possesses the moral and professional qualifications required to appear before the Board
or before all three authorities,, the Immigration Courts, or DHS,
his or herand that
expelledthe practitioner's reinstatement will not be detrimental to the administration of justice. The EOIR disciplinary counsel and, in matters in which the practitioner was ordered disbarred or suspended from practice before DHS, the DHS disciplinary counsel, may reply within 30 days of service of the petition in the form of a written response to the Board, which may include, but is not limited to, documentation or evidence of the practitioner's failure to comply with the terms of the disbarment or suspension or of any complaints filed against the
his or herdisbarred or suspended practitioner subsequent to
the practitioner's disbarment or suspension.
2(
as set forth in § 1001.1(f) and (j)3) If a practitioner cannot meet the definition of attorney or representative
respectively, of this chapter,,
set forththe Board shall deny the petition for reinstatement without further consideration. If the petition for reinstatement is found to be otherwise inappropriate or unwarranted, the petition shall be denied. Any subsequent petitions for reinstatement may not be filed before the end of one year from the date of the Board's previous denial of reinstatement, unless the practitioner is otherwise eligible for reinstatement under paragraph (a). If the petition for reinstatement is determined to be timely, the practitioner meets the definition of attorney or representative, and the petitioner has otherwise
he or sheestablished by the requisite standard of proof that
the practitioner possesses the qualifications set forth herein, and that reinstatement will not be detrimental to the administration of justice, the Board shall grant the petition and reinstate the practitioner. The Board, in its discretion, may hold a hearing to determine if the practitioner meets all of the requirements for reinstatement.
(c) Accredited representatives.
(1) An accredited representative who has been suspended for a period of time greater than the remaining period of validity of the representative's accreditation at the time of the suspension is not eligible to be reinstated under § 1003.107(a) or (b). In such circumstances, after the period of suspension has expired, an organization may submit a new request for accreditation pursuant to 8 CFR 1292.13 on behalf of such an individual.
(2) Disbarment. An accredited representative who has been disbarred is permanently barred from appearing before the Board, the Immigration Courts, or DHS as an accredited representative and cannot seek reinstatement.
(d) Appearance after reinstatement. A practitioner who has been reinstated to practice by the Board must file a new Notice of Entry of Appearance of Attorney or Representative in each case on the form required by applicable rules and regulations, even if the reinstated practitioner previously filed such a form in a proceeding before the practitioner was disciplined.
[65 FR 39526, June 27, 2000, as amended at 73 FR 76926, Dec. 18, 2008; 77 FR 2015, Jan. 13, 2012; 81 FR 92364, Dec. 19, 2016]