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government to which an alien owes allegiance, if the official appears solely in his official capacity and with the alien's consent.
(6) Attorneys outside the United States. An attorney other than one described in § 1.1(f) of this chapter who is licensed to practice law and is in good standing in a court of general jurisdiction of the country in which he/she resides and who is engaged in such practice. Provided that he/she represents persons only in matters outside the geographical confines of the United States as defined in section 101(a)(38) of the Act, and that the Service official before whom he/she wishes to appear allows such representation as a matter of discretion.
(b) Persons formerly authorized to practice. A person, other than a representative of an organization described in $ 292.2 of this chapter, who on December 23, 1952, was authorized to practice before the Board and the Service may continue to act as a representative, subject to the provisions of $292.3 of this chapter.
(c) Former employees. No person previously employed by the Department of Justice shall be permitted to act as a representative in any case in violation of the provisions of 28 CFR 45.735–7.
(d) Amicus curiae. The Board may grant permission to appear, on a caseby-case basis, as amicus curiae, to an attorney or to an organization represented by an attorney, if the public interest will be served thereby.
(e) Except as set forth in this section, no other person or persons shall represent others in any case. (40 FR 23271, May 29. 1975, as amended at 53 FR 7728, Mar. 10, 1988; 55 FR 49251, Nov. 27, 1990; 61 FR 53610, Oct. 15, 1996; 62 FR 23635, May 1, 1997)
cluding practice before the Immigration Court). Such organization must establish to the satisfaction of the Board that:
(1) It makes only nominal charges and assesses no excessive membership dues for persons given assistance; and
(2) It has at its disposal adequate knowledge, information and experience.
(b) Requests for recognition. An organization having the qualifications prescribed in paragraph (a) of this section may file an application for recognition
a Form G-27 directly with the Board, along with proof of service of a copy of the application on the district director having jurisdiction over the area in which the organization is located. The district director, within 30 days from the date of service, shall forward to the Board a recommendation for approval or disapproval of the application and the reasons therefor, or request a specified period of time in which to conduct an investigation or otherwise obtain relevant information regarding the applicant. The district director shall include proof of service of a copy of such recommendation or request on the organization. The organization shall have 30 days in which to file a response with the Board to a recommendation by a district director that is other than favorable, along with proof of service of a copy of such response on the district director. If the Board approves a request for time to conduct an investigation, or in its discretion remands the application to the district director for further information, the organization shall be advised of the time granted for such purpose. The Service shall promptly forward the results of any investigation or inquiry to the Board, along with its recommendations for approval or disapproval and the reasons therefor, and proof of service of a copy of the submission on the organization. The organization shall have 30 days from the date of such service to file a response with the Board to any matters raised therein, with proof of service of a copy of the response on the district director. Requests for extensions of filing times must be submitted in writing with the reasons therefor and may be granted by
8 292.2 Organizations qualified for rec
ognition; requests for recognition; withdrawal of recognition; accredi
tation of representatives; roster. (a) Qualifications of organizations. A non-profit religious, charitable, social service, or similar organization established in the United States and recognized as such by the Board may designate a representative or representatives to practice before the Service alone or the Service and the Board (in
the Board in its discretion. Oral argu- plication for accreditation shall fully ment may be heard before the Board in set forth the nature and extent of the its discretion at such date and time as proposed representative's experience the Board may direct. The organization and knowledge of immigration and natand Service shall be informed by the uralization law and procedure and the Board of the action taken regarding an category of accreditation sought. No application. Any recognized organiza- individual may submit an application tion shall promptly notify the Board of on his or her own behalf. An applicaany changes in its name, address, or tion shall be filed directly with the public telephone number.
Board, along with proof of service of a (c) Withdrawal of recognition. The copy of the application on the district Board may withdraw the recognition of director having jurisdiction over the any organization which has failed to area in which the requesting organizamaintain the qualifications required by - tion is located. The district director, $ 292.2(a). Withdrawal of recognition within 30 days from the date of service, may be accomplished in accordance shall forward to the Board a recwith the following procedure:
ommendation for approval dis(1) The Service, by the district direc- approval of the application and the reator within whose jurisdiction the orga- sons therefor, or request a specified penization is located, may conduct an in- riod of time in which to conduct an investigation into any organization it be- vestigation or otherwise obtain rellieves no longer meets the standards evant information regarding the applifor recognition.
cant. The district director shall include (2) If the investigation establishes to proof of service of a copy of such recthe satisfaction of the district director ommendation or request on the organithat withdrawal proceedings should be zation. The organization shall have 30 instituted, he shall cause a written days in which to file a response with statement of the grounds upon which the Board to a recommendation by a withdrawal is sought to be served upon distrct director that is other than fathe organization, with notice to show vorable, with proof of service of a copy cause why its recognition should not be of such response on the district direcwithdrawn. The notice will call upon tor. If the Board approves a request for the organization to appear before a spe- time to conduct an investigation, or in cial inquiry officer for a hearing at a its discretion remands the application time and place stated, not less than 30 to the district director for further indays after service of the notice.
formation, the organization shall be (3) The special inquiry officer shall advised of the time granted for such hold a hearing, receive evidence, make purpose. The district director shall findings of fact, state his recommenda- promptly forward the results of any intions, and forward the complete record vestigation or inquiry to the Board, to the Board.
along with a recommendation for ap(4) The organization and the Service proval or disapproval and the reasons shall have the opportunity of appearing therefor, and proof of service of a copy at oral argument before the Board at a of the submission on the organization, time specified by the Board.
The organization shall have 30 days (5) The Board shall consider the en- from the date of service to file a retire record and render its decision. The sponse with the Board to any matters order of the Board shall constitute the raised therein, with proof or service of final disposition of the proceedings. a copy of the response on the district
(d) Accreditation of representatives. An director. Requests for extensions of filorganization recognized by the Board ing times must be submitted in writing under paragraph (b) of this section may with the reasons therefor and may be apply for accreditation of persons of granted by the Board in its discretion. good moral character as its representa- Oral argument may be heard before the tives. An organization may apply to Board in its discretion at such date and have a representative accredited to time as the Board may direct. The practice before the Service alone or the Board may approve or disapprove an Service and the Board (including prac- application in whole or in part and tice before immigration judges). An ap- shall inform the organization and the
district director of the action taken with regard to an application. The accreditation of a representative shall be valid for a period of three years only; however, the accreditation shall remain valid pending Board consideration of an application for renewal of accreditation if the application is filed at least 60 days before the third anniversary of the date of the Board's prior accreditation of the representative. 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.
(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, as amended at 49 FR 44086, Nov. 2, 1984; 62 FR 9075, Feb. 28, 1997]
§ 292.3 Discipline of attorneys and rep
resentatives. (a) Grounds. The Immigration Judge, Board, or Attorney General may suspend or bar from further practice before the Executive Office for Immigration Review or the Service, or may take other appropriate disciplinary action against, an attorney or representative if it is found that it is in the public interest to do so. Appropriate disciplinary sanctions may include disbarment, suspension, reprimand or censure, or such other sanction as deemed appropriate. The suspension, disbarment, or imposition of other appropriate disciplinary action against 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 purposes of this part, but the enumeration of the following categories does not constitute the exclusive grounds for discipline 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.
(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.
(15) Who has engaged in frivolous behavior in a proceeding before an Immigration Judge, the Board of Immigration Appeals, or any other administrative appellate body under title II of the Immigration and Nationality Act.
(i) An attorney or representative engages in frivolous behavior when he or she knows or reasonably should have known that his or her actions lack an arguable basis in law or in fact, or are taken for an improper purpose, such as to cause unnecessary delay. Actions that, if taken improperly, may be subject to discipline include, but are not limited to, the making of an argument on any factual or legal question, the submission of an application for discretionary relief, the filing of a motion, or the filing of an appeal. The signature of an attorney or an accredited representative on any filing, application, motion, appeal, brief, or other paper constitutes certification by the signer that the signer has read the filing, application, motion, appeal, brief, or other paper, and that, to the best of the signer's knowledge, information, and belief, formed after reasonable inquiry, the document is well grounded in fact,
is warranted by existing law or by a good faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose;
(ii) The imposition of disciplinary action for frivolous behavior under this section in no way limits the Board's authority summarily to dismissal an appeal pursuant to 8 CFR 3.1(d)(1-a).
(b) Procedure—(1) Non-Service attorneys and accredited representatives—(i) Investigation of charges. Complaints regarding the conduct of attorneys and representatives practicing before the Service or the Executive Office for Immigration Review pursuant to 8 CFR 292.1 shall be investigated by the Service.
(ii) Service and filing of charges. If an investigation establishes, to the satisfaction of the Service, that disciplinary proceedings should be instituted, the General Counsel of the Service shall cause a copy of written charges to be served upon the attorney/representative either by personal service or by registered mail. The General Counsel shall also file the written charges with the Office of the Chief Immigration Judge immediately after service of the charges upon the attorney/representative.
(iii) Service and filing of answer. The attorney/representative shall answer the charges, in writing, within thirty (30) days after the date of service, and shall file the answer with the Office of the Chief Immigration Judge. Failure of the attorney/representative to answer the written charges in a timely manner shall constitute an admission that the facts and legal statements in the written charges are correct. The attorney/representative shall also serve a copy of the answer on the General Counsel. Proof of service on the opposing party must be included with all documents filed.
(iv) Hearing. The Chief Immigration Judge shall designate an Immigration Judge to hold a hearing and render a decision in the matter. The designated Immigration Judge shall notify the attorney/representative and the Service as to the time and the place of the hearing. At the hearing, the attorney/ representative may be represented by
procedures of the Department of Justice.
(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; 52 FR 24981, July 2, 1987; 57 FR 11574, Apr. 6, 1992; 60 FR 34090, June 30, 1995)
an attorney at no expense to the Government and the Service shall be represented by an attorney. At the hearing, the attorney/representative shall have a reasonable opportunity to examine and object to the evidence presented by the Service, to present evidence on his or her own behalf, and to cross-examine witnesses presented by the Service. The Service shall bear the burden of proving the grounds for disciplinary action by clear, convincing, and unequivocal evidence. The record of the hearing shall conform to the requirements of 8 CFR 242.15.
(v) Decision. The Immigration Judge shall consider the record and render a decision in the case, including that the evidence presented does not sufficiently prove grounds for disciplinary action or that disciplinary action is justified. If the Immigration Judge finds that the evidence presented does sufficiently prove grounds for disciplinary action, the appropriate sanction shall be ordered. If the Immigration Judge orders a suspension, the Immigration Judge shall set an amount of time for the suspension.
(vi) Appeal. Either party may appeal the decision of the Immigration Judge to the Board. The appeal must be filed within ten (10) days from the date of the decision, if oral, or thirteen (13) days from the date of mailing of the decision, if written. The appeal must be filed with the Immigration Court holding the hearing. If an appeal is not filed in a timely manner, or if the appeal is waived, the decision of the Immigration Judge is final. If a case is appealed in a timely manner, the Board shall consider the record and render a decision. Receipt of briefs and the hearing of oral argument shall be at the discretion of the Board. The Board's decision shall be final except when a case is certified to the Attorney General pursuant to 8 CFR 3.1(h).
(2) Service attorneys. Complaints regarding the frivolous behavior of Service attorneys within the scope of $ 292.3(a)(15) shall be directed to, and investigated by, the Office of Professional Responsibility of the Department of Justice. If disciplinary action is warranted, it shall be administered pursuant to the attorney disciplinary
8 292.4 Appearances.
(a) An appearance shall be filed on the appropriate form by the attorney or representative appearing in each case. During Immigration Judge or Board proceedings, withdrawal and/or substitution of counsel is permitted only in accordance with $83.16 and 3.36 respectively. During proceedings before the Service, substitution may be permitted upon the written withdrawal of the attorney 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 or her personal appearance or signature shall constitute a representation that under the provisions of this chapter he or she is authorized and qualified to represent. Further proof of authority to act in a representative capacity may be required. A notice of appearance entered in application or petition proceedings must be signed by the applicant or petitioner to authorize representation in order for the appearance to be recognized by the Service.
(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