PART 292—REPRESENTATION AND APPEARANCES Authority: 6 U.S.C. 112; 8 U.S.C. 1103, 1252b, 1362. § 292.1 Representation of others. (a) A person entitled to representation may be represented by any of the following, subject to the limitations in 8 CFR 103.2(a)(3): (1) Attorneys in the United States. (2) Law students and law graduates not yet admitted to the bar. (i) He or she is appearing at the request of the person entitled to representation; (ii) In the case of a law student, he or she has filed a statement that he or she is participating, under the direct supervision of a faculty member, licensed attorney, or accredited representative, in a legal aid program or clinic conducted by a law school or non-profit organization, and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; (iii) In the case of a law graduate, he or she has filed a statement that he or she is appearing under the supervision of a licensed attorney or accredited representative and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; and (iv) The law student's or law graduate's appearance is permitted by the DHS official before whom he or she wishes to appear. The DHS official may require that a law student be accompanied by the supervising faculty member, attorney, or accredited representative. (3) Reputable individuals. (i) He is appearing on an individual case basis, at the request of the person entitled to representation; (ii) He is appearing without direct or indirect renumeration and files a written declaration to that effect; (iii) He has a pre-existing relationship or connection with the person entitled to representation (e.g., as a relative, neighbor, clergyman, business associate or personal friend), provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and (iv) His or her appearance is permitted by the DHS official before whom he or she seeks to appear, provided that such permission will not be granted with respect to any individual who regularly engages in immigration and naturalization practice or preparation, or holds himself or herself out to the public as qualified to do so. (4) Accredited representatives. (5) Accredited officials. (6) Attorneys outside the United States. (b) Persons formerly authorized to practice. (c) Former employees. (d) Amicus curiae. (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; 75 FR 5227, Feb. 2, 2010; 76 FR 53797, Aug. 29, 2011] § 292.2 Organizations qualified for recognition; requests for recognition; withdrawal of recognition; accreditation of representatives; roster. (a) Qualifications of organizations. (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. (c) Withdrawal of recognition. (1) The Service, by the district director within whose jurisdiction the organization is located, may conduct an investigation into any organization it believes no longer meets the standards for recognition. (2) If the investigation establishes to the satisfaction of the district director that withdrawal proceedings should be instituted, he shall cause a written statement of the grounds upon which withdrawal is sought to be served upon the organization, with notice to show cause why its recognition should not be withdrawn. The notice will call upon the organization to appear before a special inquiry officer for a hearing at a time and place stated, not less than 30 days after service of the notice. (3) The special inquiry officer shall hold a hearing, receive evidence, make findings of fact, state his recommendations, and forward the complete record to the Board. (4) The organization and the Service shall have the opportunity of appearing at oral argument before the Board at a time specified by the Board. (5) The Board shall consider the entire record and render its decision. The order of the Board shall constitute the final disposition of the proceedings. (d) Accreditation of representatives. (e) Roster. [40 FR 23272, May 29, 1975, as amended at 49 FR 44086, Nov. 2, 1984; 62 FR 9075, Feb. 28, 1997] § 292.3 Professional conduct for practitioners—Rules and procedures. (a) General provisions Authority to sanction. (i) Expulsion which is permanent, from practice before the Board and the Immigration Courts, or DHS, or before all three authorities; (ii) Suspension, including immediate suspension, from practice before the Board and the Immigration Courts, or DHS, or before all three authorities; (iii) Public or private censure; or (iv) Such other disciplinary sanctions as the adjudicating official or the Board deems appropriate. (2) Persons subject to sanctions. (b) Grounds of discipline. (c) Immediate suspension and summary disciplinary proceedings; duty of practitioner to notify DHS of conviction or discipline Immediate suspension proceedings. (2) Copies and proof of service. (3) Summary disciplinary proceedings. (4) Duty of practitioner to notify DHS of conviction or discipline. (d) Filing of complaints of misconduct occurring before DHS; preliminary inquiry; resolutions; referral of complaints Filing of complaints of misconduct occurring before DHS. (2) Preliminary inquiry. (3) Resolutions reached prior to the issuance of a Notice of Intent to Discipline. (e) Notice of Intent to Discipline Issuance of Notice to Practitioner. (2) Practitioner's address. (i) Attorneys in the United States: (ii) Accredited representatives: (iii) Accredited officials: (iv) All other practitioners: (3) Copy of Notice to EOIR; reciprocity of disciplinary sanctions. (4) Answer. (f) Right to be heard and disposition; decision; appeal; and reinstatement after expulsion or suspension. (g) Referral. (h) Confidentiality Complaints and preliminary inquiries. (i) Disclosure of information for the purpose of protecting the public. (A) A practitioner has caused, or is likely to cause, harm to client(s), the public, or the administration of justice, such that the public or specific individuals should be advised of the nature of the allegations. If disclosure of information is made pursuant to this paragraph, the DHS disciplinary counsel may define the scope of information disseminated and may limit the disclosure of information to specified individuals or entities; (B) A practitioner has committed criminal acts or is under investigation by law enforcement authorities; (C) A practitioner is under investigation by a disciplinary or regulatory authority, or has committed acts or made omissions that may reasonably result in investigation by such an authority; (D) A practitioner is the subject of multiple disciplinary complaints and the DHS disciplinary counsel has determined not to pursue all of the complaints. The DHS disciplinary counsel may inform complainants whose allegations have not been pursued of the status of any other preliminary inquiries or the manner in which any other complaint(s) against the practitioner have been resolved. (ii) Disclosure of information for the purpose of conducting a preliminary inquiry. (A) To witnesses or potential witnesses in conjunction with a complaint or preliminary inquiry; (B) To other governmental agencies responsible for the enforcement of civil or criminal laws; (C) To agencies and other jurisdictions responsible for conducting disciplinary investigations or proceedings; (D) To the complainant or a lawful designee; and (E) To the practitioner who is the subject of the complaint or preliminary inquiry or the practitioner's counsel of record. (2) Resolutions reached prior to the issuance of a Notice of Intent to Discipline. (3) Notices of Intent to Discipline and action subsequent thereto. (i) Discipline of government attorneys. [75 FR 5228, Feb. 2, 2010, as amended at 76 FR 53797, Aug. 29, 2011] § 292.4 Appearances. (a) Authority to appear and act. (b) A party to a proceeding and his or her attorney or representative will be permitted to examine the record of proceeding in accordance with 6 CFR part 5. [23 FR 2673, Apr. 23, 1958, as amended at 32 FR 9633, July 4, 1967; 52 FR 2941, Jan. 29, 1987; 59 FR 1466, Jan. 11, 1994; 75 FR 5230, Feb. 2, 2010; 76 FR 53797, Aug. 29, 2011] § 292.5 Service upon and action by attorney or representative of record. (a) Representative capacity. (b) Right to representation. [37 FR 11471, June 8, 1972 and 45 FR 81733, Dec. 12, 1980; 46 FR 2025, Jan. 8, 1981; 58 FR 49911, Sept. 24, 1993] § 292.6 Interpretation. Interpretations of this part will be made by the Board of Immigration Appeals, subject to the provisions of 8 CFR part 1003. [32 FR 9633, July 4, 1967, as amended at 75 FR 5230, Feb. 2, 2010]