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; (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; or (14) Who has falsely certified a copy of a document as being a true and complete copy of an original. (b) Procedure. If an investigation established 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 matter is at issue, a hearing before a representative of the regional commissioner may be requested. When a hearing is requested, the regional commissioner 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 practice until authorized by the Board. [23 FR 2672, Apr. 23, 1958, as amended at 23 FR 9124, Nov. 26, 1958; 34 FR 12213, July 24, 1969; 36 FR 11903, June 23, 1971] § 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 au accredited representatives. An application for accreditation shall state the nature and extent of the proposed representative's experience and knowledge of immigration and naturalization law and procedure. An application may be filed with a district director, regional commissioner or the Commissioner for transmittal to the Board. The Service shall forward the application along with recommendations for approval or disapproval and reasons therefor. No individual may submit an application on his own behalf under this paragraph. The Board shall provide the organization with a copy of any adverse recommendation by the Service, with opportunity for rebuttal. The organization and the Service shall be advised of the action taken by the Board. The accreditation of a representative shall be valid for three years only. Renewal may be sought by making application in the same manner as for an initial accreditation. Accreditation terminates when the Board's recognition of the organization ceases for any reason or when the representative's employment or other connection with the organization ceases. The organization shall promptly notify the Board of such changes. Renewal applications shall be due for those who are accredited on May 29, 1975 as follows: For those accredited prior to January 1, 1974, no later than May 29, 1976, and for those accredited on or after January 1, 1974, no later than May 29, 1977. The application should be filed at least 30 days before the anniversary of the Board's notification to the organization that the individual had been accredited. (e) Roster. The Board shall maintain an alphabetical roster of recognized organizations and their accredited representatives. A copy of the roster shall be furnished to the Commissioner and he shall be advised from time to time of changes therein. [40 FR 23272, May 29, 1975] § 292.3 Suspension or disbarment. (a) Grounds. The Board, with the approval of the Attorney General, may suspend or bar from further practice an attorney or representative if it shall find that it is in the public interest to do so. The suspension or disbar ment 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; (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; or (14) Who has falsely certified a copy of a document as being a true and complete copy of an original. (b) Procedure. If an investigation established 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 matter is at issue, a hearing before a representative of the regional commissioner may be requested. When a hearing is requested, the regional commissioner 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 practice until authorized by the Board. [23 FR 2672, Apr. 23, 1958, as amended at 23 FR 9124, Nov. 26, 1958; 34 FR 12213, July 24, 1969; 36 FR 11903, June 23, 1971] § 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 au thorized 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, and except as otherwise provided in § 103.2(b) of this chapter, a party to a proceeding or his attorney or representative shall be permitted to examine the record of proceeding in a Service office. He may, in conformity with § 103.10 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 in the record of proceeding upon giving his receipt for such copies and pledging that it will be surrendered upon final disposition of the case or upon demand. If extra copies of exhibits do not exist, they shall not be furnished free on loan; however, they shall be made available for copying or purchase of copies as provided in § 103.10 of this chapter. [23 FR 2673, Apr. 23, 1958, as amended at 32 FR 9633, July 4, 1967] § 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. (b) Right to representation. Whenever an examination is provided for in this chapter, the person involved shall have the right to be represented by an attorney or representative who, except as otherwise specifically provided in Part 332 of this chapter, shall be permitted to examine or cross-examine such person and witnesses, to introduce evidence, to make objections which shall be stated succinctly and entered on the record, and to submit briefs. [23 FR 2673, Apr. 23, 1958, as amended at 34 FR 12213, July 24, 1969; 37 FR 11471, June 8, 1972] § 292.6 Interpretation. Interpretations of this part will be made by the Board of Immigration Appeals, subject to the provisions of Part 3 of this chapter. [32 FR 9633, July 4, 1967] PART 293-DEPOSIT OF AND INTEREST ON CASH RECEIVED TO SECURE IMMIGRATION BONDS Sec. 293.1 Computation of interest. 293.2 Interest rate. 293.3 Simple interest table. 293.4 Payment of interest. AUTHORITY: Sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interprets and applies sec. 293, 84 Stat. 413. SOURCE: 36 FR 13677, July 23, 1971, unless otherwise noted. § 293.1 Computation of interest. Interest shall be computed from the date of deposit occurring after April 27, 1966, or from the date cash deposited in the postal savings system ceased to accrue interest, to and including the date of withdrawal or date of breach of the immigration bond, whichever occurs first. For purposes of this section, the date of deposit shall be the date shown on the Receipt of Immigration Officer for the cash received as security on an immigration bond. The date of withdrawal shall be the date upon which the interest is certified to the Treasury Department for payment. The date of breach shall be the date as of which the immigration bond was concluded to have been breached as shown on Form I-323, Notice-Immigration Bond Breached. In counting the number of days for which interest shall be computed, the day on which the cash was deposited, or the day which cash deposited in the postal savings system ceased to accrue interest, shall not be counted; however, the day of withdrawal or the day of breach of the immigration bond shall be counted. Interest shall be computed chapter and this Subchapter B. To the maximum extent feasible the forms used should bear the edition date shown or a subsequent edition date. Form No., Title, and Description AR-4 (8-30-72) Alien Registration Fingerprint Chart. AR-11 (9-27-75) Alien's Change of Address Card. DSP-66 (6-75) Certificate of Eligibility for FD-258 (4-25-72) Applicant Card. G-27 (10-13-76) Request for Recognition to G-28 (9-27-75) Notice of Entry of Appear- HSM-240 (4-69) (Formerly PHS-124) Medical Certificate. I-17 (8-6-72) Petition for Approval of I-20 (4-1-76) Certificate of Eligibility (For I-39 (5-1-73) Decision of the Immigration I-53 (1-1-76) Alien Address Report. I-67 (9-18-58) Inspection Record (Hungarian Parolee). I-68 (2-10-70) Canadian Border Boat Landing Card. I-79 (5-15-70) Notice of Intention to Fine I-92 (6-1-73) Aircraft/Vessel Report. I-102 (2-15-76) Application by Nonimmigrant Alien for Replacement of Arrival Document. I-122 (6-1-73) Notice to Applicant for Admission Detained for Hearing before Special Inquiry Officer. I-126 (3-26-76) Annual Report of Status by Treaty Trader or Investor. I-129B (2-25-76) Petition to Classify Nonimmigrant as Temporary Worker or Trainee. |