292.5 Service upon and action by attorney or representative of record. AUTHORITY: The provisions of this Part 292 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interpret or apply sec. 292, 66 Stat. 235; 8 U.S.C. 1362. § 292.1 Representation of others. (a) Attorneys in the United States. Any attorney, as defined in § 1.1(f) of this chapter, may represent persons before the Service and the Board. (b) Reputable individuals. When a person is entitled to representation, he may be represented by any reputable individual of good moral character who is appearing without remuneration, and files a written declaration to that effect, if such representation is permitted by a regional commissioner, district director, officer in charge, special inquiry officer, the Commissioner, or the Board. (c) Accredited representatives. A person may be represented by an accredited representative of an organization described in § 1.1(j) of this chapter. (d) Accredited officials. An alien may be represented by an accredited official, in the United States, of the government to which he owes allegiance, if the official appears solely in his official capacity and with the alien's consent. (e) Attorneys outside the United States. An attorney, other than one described in § 1.1(f) of this chapter, residing outside the United States and licensed to practice law and in good standing in a court of the country in which he resides, and who is engaged in such practice, may be permitted by a regional commissioner, district director, officer in charge, the Commissioner, or the Board to be heard. The regional commissioner and district director are authorized to withhold granting permission to be heard before an officer under their jurisdiction and may refer the request to the Board for its decision. (f) Amicus curiae. A person desiring to be heard as amicus curiae shall apply therefor to the Board. The Board may grant such application if in the public interest to do so. (g) Former employees. A person previously employed by the Department of Justice is not permitted to represent in a case in which he participated during the period of his employment. (h) Persons formerly authorized to practice. A person, other than a representative of an organization described in § 1.1(j) of this chapter, who on December 23, 1952, was authorized to practice before the Service and the Board may continue to represent, subject to the provisions of § 292.3. [23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958] § 292.2 Requests by organizations for recognition. (a) Form G-27. A request for recognition by an organization described in § 1.1(j) of this chapter shall be filed on Form G-27 with a regional commissioner, district director, or the Commissioner for transmittal to the Board, or with the Board. The Board may require such additional information or investigation as may be necessary before approving or denying the request. The organization will be advised of the action taken by the Board. (b) Accreditation. An organization described in § 1.1(j) of this chapter may certify as its accredited representatives only persons who are citizens of the United States and are of good moral character. Certificates may be filed with a regional commissioner, district director, officer in charge, or the Commissioner, for transmittal to the Board, or with the Board. Additions or deletions shall be similarly certified. The eligibility of a representative to appear shall terminate upon the deletion of his name from the organization's list of accredited representatives or when the organization is no longer recognized by the Board as being of the character described in § 1.1(j) of this chapter. (c) Roster. The Board shall maintain an alphabetical roster of recognized organizations and their accredited representatives. A copy of the roster shall be furnished the Commissioner, and he shall be advised from time to time of changes therein. [23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958; 26 F.R. 3564, Apr. 26, 1961] § 292.3 Suspension or disbarment. (a) Grounds. The Board, with the approval of the Attorney General, may suspend or bar from further representation an attorney or representative if it shall find that it is in the public interest to do so. The suspension of disbarment of an attorney or representative who is within one or more of the following categories shall be deemed to be in the public interest, for the purpose of this part, but the enumeration of the following categories does not establish the exclusive grounds for suspension or disbarment in the public interest: (1) Who charges or receives, either directly or indirectly, any fee or compensation for services which may be deemed to be grossly excessive in relation to the services performed, or who, being an accredited representative of an organization recognized under § 1.1(j) of this chapter, charges or receives either directly or indirectly any fee or compensation for services rendered to any person, except that an accredited representative of such an organization may be regularly compensated by the organization of which he is an accredited representative; (2) Who, with intent to defraud or deceive, bribes, attempts to bribe, coerces, or attempts to coerce, by any means whatsoever, any person, including a party to a case, or an officer or employee of the Service or Board, to commit an act or to refrain from performing an act in connection with any case; (3) Who willfully misleads, misinforms, or deceives an officer or employee of the Department of Justice concerning any material and relevant fact in connection with a case; (4) Who willfully deceives, misleads, or threatens any party to a case concerning any matter relating to the case; (5) Who solicits practice in any unethical or unprofessional manner, including, but not limited to, the use of runners, or advertising his availability to handle immigration, naturalization, or nationality matters; (6) Who represents, as an associate, any person who, known to him, solicits practice in any unethical or unprofessional manner, including, but not limited to, the use of runners, or advertising his availability to handle immigration, naturalization, or nationality matters; (7) Who has been temporarily suspended, and such suspension is still in effect, or permanently disbarred, from practice in any court, Federal, State (including the District of Columbia), territorial, or insular; (8) Who is temporarily suspended, and such suspension is still in effect, or permanently disbarred, from practice in a representative capacity before any executive department, board, commission, or other governmental unit, Federal, State (including the District of Columbia), territorial, or insular; (9) Who, by use of his name, personal appearance, or any device, aids and abets any person to practice during the period of his suspension or disbarment, such suspension or disbarment being known to him; (10) Who willfully made false and material statements or representations with respect to his qualifications or authority to represent others in any case; (11) Who engages in contumelious or otherwise obnoxious conduct with respect to a case in which he acts in a representative capacity, which in the opinion of the Board, would constitute cause for suspension or disbarment if the case was pending before a court, or which, in such a judicial proceeding, would constitute a contempt of court; (12) Who, having been furnished with a copy of any portion of the record in a case, willfully fails to surrender such copy upon final disposition of the case or upon demand, or willfully and without authorization makes and retains a copy of the material furnished; or (13) Who has been convicted of a felony, or, having been convicted of any crime is sentenced to imprisonment for a term of more than one year. (b) Procedure. If an investigation establishes to the satisfaction of the regional commissioner that suspension or disbarment proceedings should be instituted, he shall cause a copy of the written charges to be served upon the attorney or representative, either personally or by registered mail, with notice to show cause within a specified time, not less than 30 days, why he should not be suspended or disbarred. The notice shall also advise that after answer has been made and the matted is at issue, a hearing before a representative of the regional commissioner may be requested. When a hearing is requested, the regional commis sioner will specify the time and place therefor and specially designate the officer who shall preside and the officer who shall present the evidence. If an answer is not received within 3 days after expiration of the period prescribed to show cause, defense to the charges is waived. When a hearing is not requested in the answer, the regional commissioner shall forward the complete record to the Board with his recommendation. The attorney or representative, either with or without counsel, and the regional commissioner, by the service officer within the purview of § 3.1(e) of this chapter, shall have the privilege of appearing before the Board for oral argument at a time specified by the Board. The Board shall consider the record and render its decision. The order of the Board shall constitute the final disposition of the proceeding: Provided, however, That if the order is to suspend or disbar, or if any one of the circumstances described in §3.1(h) of this chapter is present, the Board shall refer the record to the Attorney General for review of its decision and in such case the order of the Attorney General shall be the final determination of the proceeding. When the final order is for suspension or disbarment, the attorney or representative shall not thereafter be permitted to represent until authorizedby the Board. [23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958] § 292.4 Appearances. (a) Form G-28. An appearance shall be filed on Form G-28 by the attorney or representative appearing in each case. Thereafter, substitution may be permitted upon the written withdrawal of the attorney or representative of record or upon notification of the new attorney or representative. When an appearance is made by a person acting in a representative capacity, his personal appearance or signature shall constitute a representation that under the provisions of this chapter he is authorized and qualified to represent. Further proof of authority to act in a representative capacity may be required. (b) Availability of records. During the time a case is pending, the unrepresented person or the attorney or representative, shall be permitted to examine the record of proceeding, except as otherwise provided in § 103.2(b) of this chapter, in a Service office. He may, in conformity with § 103.7(a) of this chapter, obtain copies of Service records or information therefrom and copies of documents or transcripts of evidence furnished by him. Upon request, he may, in addition, be loaned a copy of the testimony and exhibits contained therein upon giving his receipt for such copies and pledging that the copies will not be reproduced, that such copies will be retained in his possession and control, and that they will be surrendered upon final disposition of the case or upon demand. If extra copies of exhibits do not exist, copies may be made by the Service at the expense of the requestor and loaned to him. [23 F.R. 2673, Apr. 23, 1958, as amended at 29 F.R. 12584, Sept. 4, 1964] § 292.5 Service upon and action by attorney or representative of record. (a) Representative capacity. Whenever a person is required by any of the provisions of this chapter to give or be given notice; to serve or be served with any paper other than a warrant of arrest or a subpoena; to make a motion; to file or submit an application or other document; or to perform or waive the performance of any act, such notice, service, motion, filing, submission, performance, or waiver shall be given by or to, served ~ by or upon, made by, or requested of, the attorney or representative of record, or the person himself if unrepresented. Except where otherwise specifically pro'vided in this chapter, whenever a notice, decision, or other paper is required to be given or served, it shall be done by -personal service or by certified or registered mail upon the attorney or representative of record. a I-284---- Notice to transportation line regarding deportation and detention expenses of detained alien. I-287---- Special Care and Attention for Alien. I-288---- Notice to Transportation Line Regarding Deportation Expenses of Alien Completely Ready for Deportation. I-290A--- Notice of Appeal to the Board of Immigration Appeals. I-290B__ Notice of Appeal (to Regional Commissioner). I-290C--- Notice of Certification. I-305---- Receipt of Immigration OfficerUnited States Bonds or Notes, or Cash, Accepted as Security on Immigration Bond. I-310---- Bond for Payment of Sums and Fines Imposed Under Immigration and Nationality Act (Term or Single Entry). I-312---- Designation of Attorney in Fact. I-323---- Notice-Immigration Bond Breached. I-352---- Immigration Bond. I-391---- Notice Immigration Bond Canceled. I-418- Passenger List-Crew List. I-425---- Agreement for Preinspection at Places Outside United States. I-426- Immediate and Continuous Transit Agreement Between a Transportation Line and the United States of America (special direct transit procedure). I-485---- Application for status as permanent resident. I-506---- Application for Change of Nonimmigrant Status. I-508---- Waiver of Rights, Privileges, Ex emptions, and Immunities. I-509---- Notice to Alien of Proposed Change from Lawfully Admitted for Permanent Residence to Nonimmigrant. I-538---- Application by Nonimmigrant F-1 I-590---- Registration for Classification as Refugee-Escapee (Section 1, Act of July 14, 1960). Form No. I-591 Title and description Assurance by a United States Sponsor in Behalf of a Refugee— Escapee Designated as Difficult to Resettle (Act of July 14, 1960). I-600--- Petition to Classify Alien as an Eligible Orphan (Section 101 (b) (6) of the Immigration and Nationality Act, as amended). I-601---- Application for Waiver of Grounds of Excludability under section 212(f), (g), or (h) of the Immigration and Nationality Act. I-612--- Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act, as amended. ICAO___ International Civil Aviation Organization's General Declaration. [22 F.R. 9811, Dec. 6, 1957; 22 F.R. 9520, Nov. 28, 1957, as amended at 23 F.R. 142, Jan. 8, 1958; 23 F.R. 164, Jan. 9, 1958; 23 F.R. 2673, Apr. 23, 1958; 23 F.R. 2789, Apr. 26, 1958; 23 F.R. 5818, Aug. 1, 1958; 23 F.R. 9125, Nov. 26, 1958; 24 F.R. 2584, Apr. 2, 1959; 24 F.R. 3791, May 12, 1959; 24 F.R. 4365, May 30, 1959; 24 F.R. 6477, Aug. 12, 1959; 25 F.R. 582, Jan. 23, 1960; 25 F.R. 7015, July 23, 1960; 25 F.R. 7181, July 29, 1960; 25 F.R. 7782, Aug. 16, 1960; 25 F.R. 10495, Nov. 2, 1960; 26 F.R. 4605, May 26, 1961; 26 F.R. 9407, Oct. 6, 1961; 26 F.R. 9669, Oct. 13, 1961; 26 F.R. 10928, Nov. 22, 1961; 26 F.R. 11819, Dec. 9, 1961; 27 F.R. 503, Jan. 18, 1962; 28 F.R. 10451, Sept. 27, 1963; 28 F.R. 13742, Dec. 17, 1963; 29 F.R. 3469, Mar. 18, 1964; 29 F.R. 10499, July 29, 1964; 29 F.R. 10579, July 30, 1964; 29 F.R. 11495, Aug. 11, 1964; 29 F.R. 13244, Sept. 24, 1964; 29 F.R. 14433, Oct. 21, 1964] § 299.2 Forms available from the Superintendent of documents. The following forms required for compliance with the provisions of subchapter B of this chapter may be obtained, upon prepayment, from the Superintendent of Documents, Government Printing Office, Washington, D.C.: G-28, I-20, I-94, I-95, I-129B, I-130, I-131, I-140, and I-418. A small supply of those forms shall be set aside by immigration officers for free distribution and official use. [27 F.R. 5653, June 14, 1962] 33-570 O-65-8 |