§ 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, directly or indirectly, 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.

(i) Limitations. No other person or persons shall practice in any case.

[23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958; 34 F.R. 12213, July 24, 1969]

§ 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 or

case designated to make such service by the district director having administrative jurisdiction over the office in which the subpoena is issued. Service of the subpoena shall be made by delivering a copy thereof to the person named therein and by tendering to him the fee for one day's attendance and the mileage allowed by law by the United States District Court for the district in which the testimony is to be taken. When the subpoena is issued on behalf of the Service, fee and mileage need not be tendered at the time of service. A record of such service shall be made and attached to the original copy of the subpoena.

(d) Invoking aid of court. If a witness neglects or refuses to appear and testify as directed by the subpoena served upon him in accordance with the provisions of this section, the district director issuing the subpoena shall request the United States Attorney for the proper district to report such neglect or refusal to the appropriate United States District Court and to request such court to issue an order requiring the witness to appear and testify and to produce the books, papers or documents designated in the subpoena. If the subpoena was issued by a special inquiry officer, he shall request the district director having administrative jurisdiction over him to take the action referred to in the previous sentence in the event the witness neglects or refuses to appear and testify as directed by the subpoena served upon him.

[22 F.R. 9809, Dec. 6, 1957, as amended at 28 F.R. 4251, Apr. 30, 1963; 29 F.R. 13244, Sept. 24, 1964]

Any immigration officer, or any other employee individually designated by a district director, shall have the power and authority to administer oaths in or outside the United States. 129 F.R. 12584, Sept. 4, 1964]

287.6 Proof of official records.

In any proceeding under this chapter, an official record or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the official having legal custody of the record or by his deputy. If the office in which the record is kept is in foreign territory, the copy shall be attested by a person authorized to make the attestation and the attested copy shall be accompanied by a

certification by any officer in the Foreign Service of the United States stationed in the foreign country where the record is kept as to the genuineness of the signature and official position of the attesting officer or any foreign official whose certification of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation.

[30 F.R. 12248, Sept. 24, 1965, as amended at 32 F.R. 16200, Nov. 28, 1967]

PART 289-AMERICAN INDIANS BORN IN CANADA

Sec.

Definition.

289.1 289.2 289.3 Recording the entry of certain American Indians born in Canada.

Lawful admission for permanent residence.

AUTHORITY: The provisions of this Part 289 issued under secs. 103, 262, 289, 66 Stat. 173, 224, 234; 8 U.S.C. 1103, 1302, 1359; 45 Stat. 401, 54 Stat. 670; 8 U.S.C. 226a, 451.

SOURCE: The provisions of this Part 289 appear at 29 F.R. 11494, Aug. 11, 1964. § 289.1 Definition.

The term "American Indian born in Canada" as used in section 289 of the Act includes only persons possessing 50 per centum or more of the blood of the American Indian race. It does not include a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possess at least 50 per centum or more of such blood.

§ 289.2 Lawful admission for permanent residence.

Any American Indian born in Canada who at the time of entry was entitled to the exemption provided for such person by the Act of April 2, 1928 (45 Stat. 401), or section 289 of the Act, and has maintained residence in the United States since his entry, shall be regarded as having been lawfully admitted for permanent residence. A person who does not possess 50 per centum of the blood of the American Indian race, but who entered the United States prior to December 24, 1952, under the exemption provided by the Act of April 2, 1928, and has maintained his residence in the United States since such entry shall also be regarded as having been lawfully admitted for permanent residence. In the absence of a

§ 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, directly or indirectly, 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.

(i) Limitations. No other person or persons shall practice in any case.

[23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958; 34 F.R. 12213, July 24, 1969]

§ 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 or

ganization 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 practice an attorney or representative if it shall find that it is in the public interest to do so. The suspension or 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;

(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 and 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 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 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958; 34 F.R. 12213, July 24, 1969; 36 F.R. 11903, June 23, 1971] § 292.4 Appearances.

(a) Form G-28. An appearance shall be filed on Form C-28 by the attorney or representative appearing in each case. Thereafter, substitution may be per

mitted 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, 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 F.R. 2673, Apr. 23, 1958, as amended at 32 F.R. 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