8 CFR Part 1003 — Executive Office for Immigration Review

PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1254a, 1255, 1324d, 1330, 1361, 1362, 1801, 1802, 1808, 1812; 28 U.S.C. 509, 510, 1746; sec. 2, Reorg. Plan No. 2 of 1950, 3 CFR, 1949-1953 Comp., p. 1002. Source: Redesignated at 68 FR 9830, Feb. 28, 2003. Editorial Note: Nomenclature changes to part 1003 appear at 68 FR 9846, Feb. 28, 2003, and at 68 FR 10350, Mar. 5, 2003. § 1003.0 Executive Office for Immigration Review. (a) Organization. (b) Powers of the Director In general. (i) Issue operational instructions and policy, including procedural instructions regarding the implementation of new statutory or regulatory authorities; (ii) Direct the conduct of all EOIR employees to ensure the efficient disposition of all pending cases, including the power, in his discretion, to set priorities or time frames for the resolution of cases; to direct that the adjudication of certain cases be deferred; to regulate the assignment of adjudicators to cases; and otherwise to manage the docket of matters to be decided by the Board, the immigration judges, the Chief Administrative Hearing Officer, or the administrative law judges; (iii) Provide for appropriate administrative coordination with the other components of the Department of Justice, with the Department of Homeland Security, with the Department of Health and Human Services, and with the Department of State; (iv) Evaluate the performance of the Board of Immigration Appeals, the Office of the Chief Immigration Judge, the Office of the Chief Administrative Hearing Officer, and other EOIR activities, make appropriate reports and inspections, and take corrective action where needed; (v) Provide for performance appraisals for immigration judges and Board members while fully respecting their roles as adjudicators, including a process for reporting adjudications that reflect temperament problems or poor decisional quality; (vi) Administer an examination for newly-appointed immigration judges and Board members with respect to their familiarity with key principles of immigration law before they begin to adjudicate matters, and evaluate the temperament and skills of each new immigration judge or Board member within 2 years of appointment; (vii) Provide for comprehensive, continuing training and support for Board members, immigration judges, and EOIR staff in order to promote the quality and consistency of adjudications; (viii) Implement a process for receiving, evaluating, and responding to complaints of inappropriate conduct by EOIR adjudicators; and (ix) Exercise such other authorities as the Attorney General may provide. (2) Delegations. (ii) The Director may not delegate the authority assigned to the Director in § 1292.18 of this chapter and may not delegate any other authority to adjudicate cases arising under the Act or regulations of this chapter unless expressly authorized to do so. (c) Limit on the authority of the Director. (d) Deputy Director. (e) Office of Policy. (1) In general. pro bono (2) Limit on the Authority of the Assistant Director for Policy. (3) Recognition and accreditation. (f) General Counsel. (1) Professional standards. (2) Fraud issues. (i) Serve as a point of contact relating to concerns about possible fraud upon EOIR, particularly with respect to matters relating to fraudulent applications or documents affecting multiple removal proceedings, applications for relief from removal, appeals, or other proceedings before EOIR; (ii) Coordinate with investigative authorities of the Department of Homeland Security, the Department of Justice, and other appropriate agencies with respect to the identification of and response to such fraud; and (iii) Notify the EOIR disciplinary counsel and other appropriate authorities with respect to instances of fraud, misrepresentation, or abuse pertaining to an attorney or accredited representative. (g) Citizenship Requirement for Employment. (2) The Director of EOIR may, by explicit written determination and to the extent permitted by law, authorize the appointment of an alien to an EOIR position when necessary to accomplish the work of EOIR. [72 FR 53676, Sept. 20, 2007, as amended at 81 FR 92361, Dec. 19, 2016; 84 FR 44541, Aug. 26, 2019; 85 FR 69482, Nov. 3, 2020; 89 FR 46787, May 29, 2024] Subpart A—Board of Immigration Appeals § 1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals. (a)(1) Organization. (2) Chairman. (i) The Chairman, subject to the supervision of the Director, shall direct, supervise, and establish internal operating procedures and policies of the Board. The Chairman shall have authority to: (A) Issue operational instructions and policy, including procedural instructions regarding the implementation of new statutory or regulatory authorities; (B) Provide for appropriate training of Board members and staff on the conduct of their powers and duties; (C) Direct the conduct of all employees assigned to the Board to ensure the efficient disposition of all pending cases, including the power, in his discretion, to set priorities or time frames for the resolution of cases; to direct that the adjudication of certain cases be deferred, to regulate the assignment of Board members to cases, and otherwise to manage the docket of matters to be decided by the Board; (D) Evaluate the performance of the Board by making appropriate reports and inspections, and take corrective action where needed; (E) Adjudicate cases as a Board member, including the authorities described in paragraph (d)(1)(ii) of this section; and (F) Exercise such other authorities as the Director may provide. (ii) The Chairman shall have no authority to direct the result of an adjudication assigned to another Board member or to a panel; provided, however, that nothing in this section shall be construed to limit the management authority of the Chairman under paragraph (a)(2)(i) of this section. (3) Panels. (4) Temporary Board members. en banc. (5) En banc process. en banc. en banc, en banc (6) Board staff. (7) [Reserved] (b) Appellate jurisdiction. (1) Decisions of Immigration Judges in exclusion cases, as provided in 8 CFR part 240, subpart D. (2) Decisions of Immigration Judges in deportation cases, as provided in 8 CFR part 1240, subpart E, except that no appeal shall lie seeking review of a length of a period of voluntary departure granted by an Immigration Judge under section 244E of the Act as it existed prior to April 1, 1997. (3) Decisions of Immigration Judges in removal proceedings, as provided in 8 CFR part 1240, except that no appeal shall lie seeking review of the length of a period of voluntary departure granted by an immigration judge under section 240B of the Act or part 240 of this chapter. (4) Decisions involving administrative fines and penalties, including mitigation thereof, as provided in part 280 of this chapter, except that appeals of decisions imposing any penalty under sections 240B(d), 274D(a)(1), or 275(b) of the Act may not be filed with the Board unless the conditions described in 8 CFR 281.1(h) are met. (5) Decisions on petitions filed in accordance with section 204 of the act (except petitions to accord preference classifications under section 203(a)(3) or section 203(a)(6) of the act, or a petition on behalf of a child described in section 101(b)(1)(F) of the act), and decisions on requests for revalidation and decisions revoking the approval of such petitions, in accordance with section 205 of the act, as provided in parts 204 and 205, respectively, of 8 CFR chapter I or parts 1204 and 1205, respectively, of this chapter. (6) Decisions on applications for the exercise of the discretionary authority contained in section 212(d)(3) of the act as provided in part 1212 of this chapter. (7) Determinations relating to bond, parole, or detention of an alien as provided in 8 CFR part 1236, subpart A. (8) Decisions of Immigration Judges in rescission of adjustment of status cases, as provided in part 1246 of this chapter. (9) Decisions of Immigration Judges in asylum proceedings pursuant to § 1208.2(b) and (c) of this chapter. (10) Decisions of Immigration Judges relating to Temporary Protected Status as provided in 8 CFR part 1244. (11) [Reserved] (12) Decisions of Immigration Judges on applications for adjustment of status referred on a Notice of Certification (Form I-290C) to the Immigration Court in accordance with §§ 1245.13(n)(2) and 1245.15(n)(3) of this chapter or remanded to the Immigration Court in accordance with §§ 1245.13(d)(2) and 1245.15(e)(2) of this chapter. (13) Decisions of adjudicating officials in disciplinary proceedings involving practitioners or recognized organizations as provided in subpart G of this part. (14) Decisions of immigration judges regarding custody of aliens subject to a final order of removal made pursuant to § 1241.14 of this chapter. (c) Jurisdiction by certification. (d) Powers of the Board Generally. (i) The Board shall be governed by the provisions and limitations prescribed by applicable law, regulations, and procedures, and by decisions of the Attorney General (through review of a decision of the Board, by written order, or by determination and ruling pursuant to section 103 of the Act). (ii) Subject to the governing standards set forth in paragraph (d)(1)(i) of this section, Board members shall exercise their independent judgment and discretion in considering and determining the cases coming before the Board, and a panel or Board member to whom a case is assigned may take any action consistent with their authorities under the Act and the regulations as necessary or appropriate for the disposition or alternative resolution of the case. Such actions include administrative closure, termination of proceedings, and dismissal of proceedings. The standards for the administrative closure, dismissal, and termination of cases are set forth in paragraph (l) of this section, 8 CFR 1239.2(c), and paragraph (m) of this section, respectively. (2) Summary dismissal of appeals Standards. (A) The party concerned fails to specify the reasons for the appeal on Form EOIR-26 or Form EOIR-29 (Notices of Appeal) or other document filed therewith; (B) The only reason for the appeal specified by the party concerned involves a finding of fact or a conclusion of law that was conceded by that party at a prior proceeding; (C) The appeal is from an order that granted the party concerned the relief that had been requested; (D) The Board is satisfied, from a review of the record, that the appeal is filed for an improper purpose, such as to cause unnecessary delay, or that the appeal lacks an arguable basis in fact or in law unless the Board determines that it is supported by a good faith argument for extension, modification, or reversal of existing law; (E) The party concerned indicates on Form EOIR-26 or Form EOIR-29 that he or she will file a brief or statement in support of the appeal and, thereafter, does not file such brief or statement, or reasonably explain his or her failure to do so, within the time set for filing; (F) The appeal does not fall within the Board's jurisdiction, or lies with the Immigration Judge rather than the Board; (G) The appeal is untimely, or barred by an affirmative waiver of the right of appeal that is clear on the record; or (H) The appeal fails to meet essential statutory or regulatory requirements or is expressly excluded by statute or regulation. (ii) Consideration by the Board. (iii) Action by the Board. (iv) Disciplinary consequences. (3) Scope of review. de novo (ii) The Board may review questions of law, discretion, and judgment and all other issues in appeals from decisions of immigration judges de novo. (iii) The Board may review de novo all questions arising in appeals from decisions issued by DHS officers. (iv) Except for taking administrative notice of commonly known facts such as current events or the contents of official documents, the Board will not engage in factfinding in the course of deciding cases. A party asserting that the Board cannot properly resolve an appeal without further factfinding must file a motion for remand. If new evidence is submitted on appeal, that submission may be deemed a motion to remand and considered accordingly. If further factfinding is needed in a particular case, the Board may remand the proceeding to the immigration judge or, as appropriate, to DHS. (4) Rules of practice. (5) Discipline of practitioners and recognized organizations. et seq. (6) Identity, law enforcement, or security investigations or examinations. (A) Identity, law enforcement, or security investigations or examinations have not been completed during the proceedings; (B) DHS reports to the Board that the results of prior identity, law enforcement, or security investigations or examinations are no longer current under the standards established by DHS and must be updated; or (C) Identity, law enforcement, or security investigations or examinations have uncovered new information bearing on the merits of the alien's application for relief. (ii) Except as provided in paragraph (d)(6)(iv) of this section, if identity, law enforcement, or security investigations or examinations are necessary in order to adjudicate the appeal or motion, the Board will provide notice to both parties that the case is being placed on hold until such time as all identity, law enforcement, or security investigations or examinations are completed or updated and the results have been reported to the Board. The Board's notice will notify the alien that DHS will contact the alien with instructions, consistent with § 1003.47(d), to take any additional steps necessary to complete or update the identity, law enforcement, or security investigations or examinations only if DHS is unable to independently update the necessary identity, law enforcement, or security investigations or examinations. The Board's notice will also advise the alien of the consequences for failing to comply with the requirements of this section. DHS is responsible for obtaining biometrics and other biographical information to complete or update the identity, law enforcement, or security investigations or examinations with respect to any alien in detention. (iii) In any case placed on hold under paragraph (d)(6)(ii) of this section, DHS shall report to the Board promptly when the identity, law enforcement, or security investigations or examinations have been completed or updated. If DHS obtains relevant information as a result of the identity, law enforcement, or security investigations or examinations, or if the alien fails to comply with the necessary procedures for collecting biometrics or other biographical information after receiving instructions from DHS under paragraph (d)(6)(ii) of this section, DHS may move the Board to remand the record to the immigration judge for consideration of whether, in view of the new information, or the alien's failure to comply with the necessary procedures for collecting biometrics or other biographical information after receiving instructions from DHS under paragraph (d)(6)(ii) of this section, immigration relief or protection should be denied, either on grounds of ineligibility as a matter of law or as a matter of discretion. If DHS fails to report the results of timely completed or updated identity, law enforcement or security investigations or examinations within 180 days from the date of the Board's notice under paragraph (d)(6)(ii) of this section, the Board may continue to hold the case under paragraph (d)(6)(ii) of this section, as needed, or remand the case to the immigration judge for further proceedings under § 1003.47(h). (iv) The Board is not required to hold a case pursuant to paragraph (d)(6)(ii) of this section if the Board decides to dismiss the respondent's appeal or deny the relief or protection sought. (v) The immigration relief or protection described in § 1003.47(b) and granted by the Board shall take effect as provided in § 1003.47(i). (7) Finality of decision. (ii) In cases involving voluntary departure, the Board may issue an order of voluntary departure under section 240B of the Act, with an alternate order of removal, if the alien requested voluntary departure before an immigration judge, the alien's notice of appeal specified that the alien is appealing the immigration judge's denial of voluntary departure and identified the specific factual and legal findings that the alien is challenging, and the Board finds that the alien is otherwise eligible for voluntary departure, as provided in 8 CFR 1240.26(k). In order to grant voluntary departure, the Board must find that all applicable statutory and regulatory criteria have been met, based on the record and within the scope of its review authority on appeal, and that the alien merits voluntary departure as a matter of discretion. If the record does not contain sufficient factual findings regarding eligibility for voluntary departure, the Board may remand the decision to the immigration judge for further factfinding. (e) Case management system. (1) Initial screening. (2) Miscellaneous dispositions. (3) Merits review. (4) Affirmance without opinion. (A) The issues on appeal are squarely controlled by existing Board or federal court precedent and do not involve the application of precedent to a novel factual situation; or (B) The factual and legal issues raised on appeal are not so substantial that the case warrants the issuance of a written opinion in the case. (ii) If the Board member determines that the decision should be affirmed without opinion, the Board shall issue an order that reads as follows: “The Board affirms, without opinion, the result of the decision below. The decision below is, therefore, the final agency determination. See (5) Other decisions on the merits by single Board member. (6) Panel decisions. (i) The need to settle inconsistencies among the rulings of different immigration judges; (ii) The need to establish a precedent construing the meaning of laws, regulations, or procedures; (iii) The need to review a decision by an immigration judge or DHS that is not in conformity with the law or with applicable precedents; (iv) The need to resolve a case or controversy of major national import; (v) The need to review a clearly erroneous factual determination by an immigration judge; (vi) The need to reverse the decision of an immigration judge or DHS, other than a reversal under § 1003.1(e)(5); or (vii) The need to resolve a complex, novel, unusual, or recurring issue of law or fact. (7) Oral argument. (8) Timeliness. (i) Except for summary dismissals under paragraph (d)(2)(ii) of this section, the Board shall dispose of all cases assigned to a single Board member within 90 days of completion of the record, or within 180 days of completion of the record for all cases assigned to a three-member panel. The record shall be complete upon the earlier of either filing of the last brief or pleading or the passage of the last deadline for filing a brief or pleading. (ii) In those cases where the panel is unable to issue a decision within the established time limits, the Chairman shall either self-assign the case or assign the case to a Vice Chairman for final decision within 14 days or shall refer the case to the Attorney General for decision. If a dissenting or concurring panel member fails to complete the member's opinion by the end of the extension period, the decision of the majority will be issued without the separate opinion. (iii)-(iv) [Reserved] (v) The Chief Appellate Immigration Judge shall notify the Director of EOIR and the Attorney General if a Board member consistently fails to meet the assigned deadlines for the disposition of appeals, or otherwise fails to adhere to the standards of the case management system. The Chief Appellate Immigration Judge shall also prepare a report assessing the timeliness of the disposition of cases by each Board member on an annual basis. (vi) The provisions of this paragraph (e)(8) establishing time limits for the adjudication of appeals reflect an internal management directive in favor of timely dispositions, but do not affect the validity of any decision issued by the Board and do not, and shall not be interpreted to, create any substantive or procedural rights enforceable before any immigration judge or the Board, or in any court of law or equity. (9) The provisions of paragraphs (e)(4)(i) and (e)(5) and (6) of this section are internal agency directives for the purpose of efficient management and disposition of cases pending before the Board and are not intended to create any substantive or procedural rights to a particular form of Board decision. A decision by the Board under paragraph (e)(4), (5), or (6) of this section carries the presumption that the Board properly and thoroughly considered all issues, arguments, and claims raised or presented by the parties on appeal or in a motion that were deemed appropriate to the disposition of the appeal or motion, whether or not specifically mentioned in the decision. A decision by the Board under paragraph (e)(4), (5), or (6) also carries the presumption that the Board did not need to consider any issue, argument, or claim not raised or presented by the parties on appeal or in a motion to the Board. In any decision under paragraph (e)(5) or (6) of this section, the Board may rule, in the exercise of its discretion as provided under this part, on any issue, argument, or claim not raised by the parties, and the Board may solicit supplemental briefing from the parties on the issues to be considered before rendering a decision. (f) Service of Board decisions. (g) Decisions as precedents In general (2) Precedent decisions. (3) Designation of precedents. en banc (i) Whether the case involves a substantial issue of first impression; (ii) Whether the case involves a legal, factual, procedural, or discretionary issue that can be expected to arise frequently in immigration cases; (iii) Whether the issuance of a precedent decision is needed because the decision announces a new rule of law, or modifies, clarifies, or distinguishes a rule of law or prior precedent; (iv) Whether the case involves a conflict in decisions by immigration judges, the Board, or the federal courts; (v) Whether there is a need to achieve, maintain, or restore national uniformity of interpretation of issues under the immigration laws or regulations; and (vi) Whether the case warrants publication in light of other factors that give it general public interest. (h) Referral of cases to the Attorney General. (i) The Attorney General directs the Board to refer to him. (ii) The Chief Appellate Immigration Judge or a majority of the Board believes should be referred to the Attorney General for review. (iii) The Secretary of Homeland Security, or specific officials of the Department of Homeland Security designated by the Secretary with the concurrence of the Attorney General, refers to the Attorney General for review. (2) In any case the Attorney General decides, the Attorney General's decision shall be stated in writing and shall be transmitted to the Board or Secretary, as appropriate, for transmittal and service as provided in paragraph (f) of this section. (i) Publication of Secretary's precedent decisions. (j) Continuation of jurisdiction and procedure. (k) [Reserved] (l) Administrative closure and recalendaring. (1) Administrative closure before the Board. (2) Recalendaring before the Board. (3) Standard for administrative closure and recalendaring. (i) As the circumstances of the case warrant, the factors relevant to a decision to administratively close a case include: (A) The reason administrative closure is sought; (B) The basis for any opposition to administrative closure; (C) Any requirement that a case be administratively closed in order for a petition, application, or other action to be filed with, or granted by, DHS; (D) The likelihood the alien will succeed on any petition, application, or other action that the alien is pursuing, or that the alien states in writing or on the record at a hearing that they plan to pursue, outside of proceedings before the Board; (E) The anticipated duration of the administrative closure; (F) The responsibility of either party, if any, in contributing to any current or anticipated delay; (G) The ultimate anticipated outcome of the case pending before the Board; and (H) The ICE detention status of the alien. (ii) As the circumstances of the case warrant, the factors relevant to a decision to recalendar a case include: (A) The reason recalendaring is sought; (B) The basis for any opposition to recalendaring; (C) The length of time elapsed since the case was administratively closed; (D) If the case was administratively closed to allow the alien to file a petition, application, or other action outside of proceedings before the Board, whether the alien filed the petition, application, or other action and, if so, the length of time that elapsed between when the case was administratively closed and when the alien filed the petition, application, or other action; (E) If a petition, application, or other action that was pending outside of proceedings before the Board has been adjudicated, the result of that adjudication; (F) If a petition, application, or other action remains pending outside of proceedings before the Board, the likelihood the alien will succeed on that petition, application, or other action; (G) The ultimate anticipated outcome if the case is recalendared; and (H) The ICE detention status of the alien. (m) Termination. (1) Removal, deportation, and exclusion proceedings Mandatory termination. (A) No charge of deportability, inadmissibility, or excludability can be sustained. (B) Fundamentally fair proceedings are not possible because the alien is mentally incompetent and adequate safeguards are unavailable. (C) The alien has, since the initiation of proceedings, obtained United States citizenship. (D) The alien has, since the initiation of proceedings, obtained at least one status listed in paragraphs (m)(1)(i)(D)( 1 4 ( 1 ( 2 ( 3 ( 4 (E) Termination is required under 8 CFR 1245.13(l). (F) Termination is otherwise required by law. (G) The parties jointly filed a motion to terminate, or one party filed a motion to terminate and the other party affirmatively indicated its non-opposition, unless the Board articulates unusual, clearly identified, and supported reasons for denying the motion. (ii) Discretionary termination. (A) The alien has filed an asylum application with USCIS pursuant to section 208(b)(3)(C) of the Act pertaining to unaccompanied alien children, as defined in 6 U.S.C. 279(g)(2). (B) The alien is prima facie eligible for naturalization, relief from removal, or a lawful status; USCIS has jurisdiction to adjudicate the associated petition, application, or other action if the alien were not in proceedings; and the alien has filed the petition, application, or other action with USCIS. However, no filing is required where the alien is prima facie eligible for adjustment of status or naturalization. Where the basis of an alien's motion for termination is that the alien is prima facie eligible for naturalization, the Board shall not grant the motion if it is opposed by DHS. The Board shall not terminate a case for the alien to pursue an asylum application before USCIS, except as provided for in paragraph (m)(1)(ii)(A) of this section. (C) The alien is a beneficiary of Temporary Protected Status, deferred action, or Deferred Enforced Departure. (D) USCIS has granted the alien's application for a provisional unlawful presence waiver pursuant to 8 CFR 212.7(e). (E) Termination is authorized by 8 CFR 1216.4(a)(6) or 1238.1(e). (F) Due to circumstances comparable to those described in paragraphs (m)(1)(ii)(A) through (E) of this section, termination is similarly necessary or appropriate for the disposition or alternative resolution of the case. However, the Board may not terminate a case for purely humanitarian reasons, unless DHS expressly consents to such termination, joins in a motion to terminate, or affirmatively indicates its non-opposition to an alien's motion. (2) Other proceedings Mandatory termination. (ii) Discretionary termination. (iii) Limitation on termination. [23 FR 9117, Nov. 26, 1958] Editorial Note: For Federal Register www.govinfo.gov. § 1003.2 Reopening or reconsideration before the Board of Immigration Appeals. (a) General. (b) Motion to reconsider. (2) A motion to reconsider a decision must be filed with the Board within 30 days after the mailing of the Board decision or on or before July 31, 1996, whichever is later. A party may file only one motion to reconsider any given decision and may not seek reconsideration of a decision denying a previous motion to reconsider. In removal proceedings pursuant to section 240 of the Act, an alien may file only one motion to reconsider a decision that the alien is removable from the United States. (3) A motion to reconsider based solely on an argument that the case should not have been affirmed without opinion by a single Board Member, or by a three-Member panel, is barred. (c) Motion to reopen. (2) Except as provided in paragraph (c)(3) of this section, a party may file only one motion to reopen deportation or exclusion proceedings (whether before the Board or the immigration judge) and that motion must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened, or on or before September 30, 1996, whichever is later. Except as provided in paragraph (c)(3) of this section, an alien may file only one motion to reopen removal proceedings (whether before the Board or the immigration judge) and that motion must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened. (3) In removal proceedings pursuant to section 240 of the Act, the time limitation set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen filed pursuant to the provisions of § 1003.23(b)(4)(ii). The time and numerical limitations set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen proceedings: (i) Filed pursuant to the provisions of § 1003.23(b)(4)(iii)(A)( 1 2 (ii) To apply or reapply for asylum or withholding of deportation based on changed circumstances arising in the country of nationality or in the country to which deportation has been ordered, if such evidence is material and was not available and could not have been discovered or presented at the previous hearing; (iii) Agreed upon by all parties and jointly filed. Notwithstanding such agreement, the parties may contest the issues in a reopened proceeding; or (iv) Filed by DHS in exclusion or deportation proceedings when the basis of the motion is fraud in the original proceeding or a crime that would support termination of asylum in accordance with 8 CFR 1208.24. (4) A motion to reopen a decision rendered by an immigration judge or DHS officer that is pending when an appeal is filed, or that is filed while an appeal is pending before the Board, may be deemed a motion to remand for further proceedings before the immigration judge or the DHS officer from whose decision the appeal was taken. Such motion may be consolidated with, and considered by the Board in connection with, the appeal to the Board. (d) Departure, deportation, or removal. (e) Judicial proceedings. (f) Stay of deportation. (g) Filing procedures. (1) English language, entry of appearance, and proof of service requirements. (2) Distribution of motion papers. (ii) A motion to reopen or a motion to reconsider a decision of the Board pertaining to a matter initially adjudicated by an officer of DHS shall be filed with the officer of DHS having administrative control over the record of proceeding. (iii) If the motion is made by DHS in proceedings in which DHS has administrative control over the record of proceedings, the record of proceedings in the case and the motion shall be filed directly with the Board. If such motion is filed directly with an office of DHS, the entire record of proceeding shall be forwarded to the Board by the DHS officer promptly upon receipt of the briefs of the parties, or upon expiration of the time allowed for the submission of such briefs. (3) Briefs and response. (4) Filing parties. (5) Filing requirements. (6) Classified information. (7) Sealed medical documents. (8) Signatures. (9) Service. (i) Service of electronic filings. (ii) Valid email address. (iii) Service of paper filings. (h) Oral argument. (i) Ruling on motion. [61 FR 18904, Apr. 29, 1996; 61 FR 32924, June 26, 1996, as amended at 62 FR 10330, Mar. 6, 1997; 64 FR 56142, Oct. 18, 1999; 67 FR 54904, Aug. 26, 2002; 85 FR 81654, Dec. 16, 2020; 86 FR 70719, Dec. 13, 2021; 87 FR 56257, Sept. 14, 2022; 89 FR 46790, May 29, 2024; 90 FR 41888, Aug. 28, 2025; 91 FR 5277, Feb. 6, 2026] § 1003.3 Notice of appeal. (a) Filing Appeal from decision of an immigration judge. (2) Appeal from decision of a DHS officer. (3) General requirements for all appeals. (b) Statement of the basis of appeal. (c) Briefs Appeal from decision of an immigration judge. (2) Appeal from decision of a DHS officer. (d) Effect of certification. (e) Effect of departure from the United States. (f) Application on effective date. (g) Filing. (1) Filing parties. (2) Filing requirements. (3) Classified information. (4) Sealed medical documents. (5) Signatures. (6) Service. (i) Service of electronic filings. (ii) Valid email address. (iii) Service of paper filings. [61 FR 18906, Apr. 29, 1996, as amended at 66 FR 6445, Jan. 22, 2001; 67 FR 54904, Aug. 26, 2002; 85 FR 81654, Dec. 16, 2020; 86 FR 70720, Dec. 13, 2021; 87 FR 56258, Sept. 14, 2022; 89 FR 46791, May 29, 2024; 90 FR 41888, Aug. 28, 2025; 91 FR 5277, Feb. 6, 2026; 91 FR 35374, June 11, 2026] § 1003.4 Withdrawal of appeal. In any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal thereof with the office at which the notice of appeal was filed. If the record in the case has not been forwarded to the Board on appeal in accordance with § 1003.5, the decision made in the case shall be final to the same extent as if no appeal had been taken. If the record has been forwarded on appeal, the withdrawal of the appeal shall be forwarded to the Board and, if no decision in the case has been made on the appeal, the record shall be returned and the initial decision shall be final to the same extent as if no appeal had been taken. If a decision on the appeal has been made by the Board in the case, further action shall be taken in accordance therewith. Departure from the United States of a person who is the subject of deportation proceedings subsequent to the taking of an appeal, but prior to a decision thereon, shall constitute a withdrawal of the appeal, and the initial decision in the case shall be final to the same extent as though no appeal had been taken. Departure from the United States of a person who is the subject of deportation or removal proceedings, except for arriving aliens as defined in § 1001.1(q) of this chapter, subsequent to the taking of an appeal, but prior to a decision thereon, shall constitute a withdrawal of the appeal, and the initial decision in the case shall be final to the same extent as though no appeal had been taken. [61 FR 18907, Apr. 29, 1996, as amended at 62 FR 10331, Mar. 6, 1997] § 1003.5 Forwarding of record on appeal. (a) Appeal from decision of an immigration judge. (b) Appeal from decision of a DHS officer. [89 FR 46791, May 29, 2024, as amended at 91 FR 5278, Feb. 6, 2026] § 1003.6 Stay of execution of decision. (a) Except as provided under § 236.1 of this chapter, § 1003.19(i), and paragraph (b) of this section, the decision in any proceeding under this chapter from which an appeal to the Board may be taken shall not be executed during the time allowed for the filing of an appeal unless a waiver of the right to appeal is filed, nor shall such decision be executed while an appeal is pending or while a case is before the Board by way of certification. (b) The provisions of paragraph (a) of this section shall not apply to an order of an Immigration Judge under § 1003.23 or § 242.22 of 8 CFR chapter I denying a motion to reopen or reconsider or to stay deportation, except where such order expressly grants a stay or where the motion was filed pursuant to the provisions of § 1003.23(b)(4)(iii). The Board may, in its discretion, stay deportation while an appeal is pending from any such order if no stay has been granted by the Immigration Judge or a Service officer. (c) The following procedures shall be applicable with respect to custody appeals in which DHS has invoked an automatic stay pursuant to 8 CFR 1003.19(i)(2). (1) The stay shall lapse if DHS fails to file a notice of appeal with the Board within ten business days of the issuance of the order of the immigration judge. DHS should identify the appeal as an automatic stay case. To preserve the automatic stay, the attorney for DHS shall file with the notice of appeal a certification by a senior legal official that— (i) The official has approved the filing of the notice of appeal according to review procedures established by DHS; and (ii) The official is satisfied that the contentions justifying the continued detention of the alien have evidentiary support, and the legal arguments are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing precedent or the establishment of new precedent. (2) The immigration judge shall prepare a written decision explaining the custody determination within five business days after the immigration judge is advised that DHS has filed a notice of appeal, or, with the approval of the Board in exigent circumstances, as soon as practicable thereafter (not to exceed five additional business days). The immigration court shall prepare and submit the record of proceedings without delay. (3) The Board will track the progress of each custody appeal which is subject to an automatic stay in order to avoid unnecessary delays in completing the record for decision. Each order issued by the Board should identify the appeal as an automatic stay case. The Board shall notify the parties in a timely manner of the date the automatic stay is scheduled to expire. (4) If the Board has not acted on the custody appeal, the automatic stay shall lapse 90 days after the filing of the notice of appeal. However, if the Board grants a motion by the alien for an enlargement of the briefing schedule provided in § 1003.3(c), the Board's order shall also toll the 90-day period of the automatic stay for the same number of days. (5) DHS may seek a discretionary stay pursuant to 8 CFR 1003.19(i)(1) to stay the immigration judge's order in the event the Board does not issue a decision on the custody appeal within the period of the automatic stay. DHS may submit a motion for discretionary stay at any time after the filing of its notice of appeal of the custody decision, and at a reasonable time before the expiration of the period of the automatic stay, and the motion may incorporate by reference the arguments presented in its brief in support of the need for continued detention of the alien during the pendency of the removal proceedings. If DHS has submitted such a motion and the Board is unable to resolve the custody appeal within the period of the automatic stay, the Board will issue an order granting or denying a motion for discretionary stay pending its decision on the custody appeal. The Board shall issue guidance to ensure prompt adjudication of motions for discretionary stays. If the Board fails to adjudicate a previously-filed stay motion by the end of the 90-day period, the stay will remain in effect (but not more than 30 days) during the time it takes for the Board to decide whether or not to grant a discretionary stay. (d) If the Board authorizes an alien's release (on bond or otherwise), denies a motion for discretionary stay, or fails to act on such a motion before the automatic stay period expires, the alien's release shall be automatically stayed for five business days. If, within that five-day period, the Secretary of Homeland Security or other designated official refers the custody case to the Attorney General pursuant to 8 CFR 1003.1(h)(1), the alien's release shall continue to be stayed pending the Attorney General's consideration of the case. The automatic stay will expire 15 business days after the case is referred to the Attorney General. DHS may submit a motion and proposed order for a discretionary stay in connection with referring the case to the Attorney General. For purposes of this paragraph and 8 CFR 1003.1(h)(1), decisions of the Board shall include those cases where the Board fails to act on a motion for discretionary stay. The Attorney General may order a discretionary stay pending the disposition of any custody case by the Attorney General or by the Board. [61 FR 18907, Apr. 29, 1996; 61 FR 21065, May 9, 1996, as amended at 63 FR 27448, May 19, 1998; 71 FR 57884, Oct. 2, 2006; 91 FR 5278, Feb. 6, 2026] § 1003.7 Notice of certification. Whenever, in accordance with the provisions of § 1003.1(c), a case is certified to the Board, the alien or other party affected shall be given notice of certification. An immigration judge or DHS officer may certify a case only after an initial decision has been made and before an appeal has been taken. If it is known at the time the initial decision is rendered that the case will be certified, the notice of certification shall be included in such decision and no further notice of certification shall be required. If it is not known until after the initial decision is rendered that the case will be certified, the office of DHS or the Immigration Court having administrative control over the record of proceeding shall cause a Notice of Certification to be served upon the parties. In either case, the notice shall inform the parties that the case is required to be certified to the Board and that they have the right to make representations before the Board, including the making of a request for oral argument and the submission of a brief. If either party desires to submit a brief, it shall be submitted to the office of DHS or the Immigration Court having administrative control over the record of proceeding for transmittal to the Board within the time prescribed in § 1003.3(c). The case shall be certified and forwarded to the Board by the office of DHS or Immigration Court having administrative jurisdiction over the case upon receipt of the brief, or upon the expiration of the time within which the brief may be submitted, or upon receipt of a written waiver of the right to submit a brief. The Board in its discretion may elect to accept for review or not accept for review any such certified case. If the Board declines to accept a certified case for review, the underlying decision shall become final on the date the Board declined to accept the case. [61 FR 18907, Apr. 29, 1996, as amended at 85 FR 81655, Dec. 16, 2020; 89 FR 46791, May 29, 2024; 90 FR 41888, Aug. 28, 2025] § 1003.8 Fees before the Board. (a) Appeals and motions before the Board When a fee is required. (2) When a fee is not required. (i) A custody bond appeal filed pursuant to § 1003.1(b)(7); (ii) A motion filed while an appeal, a motion to reopen, or a motion to reconsider is already pending before the Board; (iii) A motion requesting only a stay of removal, deportation, or exclusion; (iv) Any appeal or motion filed by the Department of Homeland Security; (v) A motion that is agreed upon by all parties and is jointly filed; or (vi) Any appeal or motion filed under a law, regulation, or directive that specifically does not require a filing fee. (3) When a fee may be waived. (4) Method of payment. (i) In general. (ii) Appeals from Department of Homeland Security decisions. (b) Applications for relief. [69 FR 44906, July 28, 2004, as amended at 85 FR 81750, Dec. 16, 2020; 85 FR 82793, Dec. 18, 2020; 86 FR 70721, Dec. 13, 2021; 91 FR 35374, June 11, 2026] Subpart B—Office of the Chief Immigration Judge Source: 62 FR 10331, Mar. 6, 1997, unless otherwise noted. § 1003.9 Office of the Chief Immigration Judge. (a) Organization. (b) Powers of the Chief Immigration Judge. (1) Issue operational instructions and policy, including procedural instructions regarding the implementation of new statutory or regulatory authorities; (2) Provide for appropriate training of the immigration judges and other OCIJ staff on the conduct of their powers and duties; (3) Direct the conduct of all employees assigned to OCIJ to ensure the efficient disposition of all pending cases, including the power, in his discretion, to set priorities or time frames for the resolution of cases, to direct that the adjudication of certain cases be deferred, to regulate the assignment of immigration judges to cases, and otherwise to manage the docket of matters to be decided by the immigration judges; (4) Evaluate the performance of the Immigration Courts and other OCIJ activities by making appropriate reports and inspections, and take corrective action where needed; (5) Adjudicate cases as an immigration judge, including the authorities described in § 1003.10(b); and (6) Exercise such other authorities as the Director may provide. (c) Limit on the Authority of the Chief Immigration Judge. (d) Immigration Court. [72 FR 53677, Sept. 20, 2007, as amended at 89 FR 46792, May 29, 2024] § 1003.10 Immigration judges. (a) Appointment. (b) Powers and duties. exceptional circumstances (c) Review. (d) Governing standards. (e) Temporary immigration judges Designation. (2) Authority. (3) Assignment of temporary immigration judges. [72 FR 53677, Sept. 20, 2007, as amended at 79 FR 39956, July 11, 2014; 85 FR 81655, 81750, Dec. 16, 2020; 89 FR 46792, May 29, 2024; 90 FR 41888, Aug. 28, 2025] § 1003.11 Administrative control Immigration Courts. An administrative control Immigration Court is one that creates and maintains Records of Proceedings for Immigration Courts within an assigned geographical area. All documents and correspondence pertaining to a Record of Proceeding shall be filed with the Immigration Court having administrative control over that Record of Proceeding and shall not be filed with any other Immigration Court. A list of the administrative control Immigration Courts with their assigned geographical areas will be made available to the public at any Immigration Court. Subpart C—Immigration Court—Rules of Procedure § 1003.12 Scope of rules. These rules are promulgated to assist in the expeditious, fair, and proper resolution of matters coming before Immigration Judges. Except where specifically stated, the rules in this subpart apply to matters before Immigration Judges, including, but not limited to, deportation, exclusion, removal, bond, rescission, departure control, asylum proceedings, and disciplinary proceedings under this part 3. The sole procedures for review of credible fear determinations by Immigration Judges are provided for in § 1003.42. [57 FR 11571, Apr. 6, 1992, as amended at 62 FR 10331, Mar. 6, 1997; 65 FR 39526, June 27, 2000] § 1003.13 Definitions. As used in this subpart: Administrative control Charging document [62 FR 10332, Mar. 6, 1997, as amended at 86 FR 70722, Dec. 13, 2021] § 1003.14 Jurisdiction and commencement of proceedings. (a) Jurisdiction vests, and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court by the Service. The charging document must include a certificate showing service on the opposing party pursuant to § 1003.32 which indicates the Immigration Court in which the charging document is filed. However, no charging document is required to be filed with the Immigration Court to commence bond proceedings pursuant to §§ 1003.19, 1236.1(d) and 1240.2(b) of this chapter. (b) When an Immigration Judge has jurisdiction over an underlying proceeding, sole jurisdiction over applications for asylum shall lie with the Immigration Judge. (c) Immigration Judges have jurisdiction to administer the oath of allegiance in administrative naturalization ceremonies conducted by the Service in accordance with § 1337.2(b) of this chapter. (d) The jurisdiction of, and procedures before, immigration judges in exclusion, deportation and removal, rescission, asylum-only, and any other proceedings shall remain in effect as it was in effect on February 28, 2003, until the regulations in this chapter are further modified by the Attorney General. Where a decision of an officer of the Immigration and Naturalization Service was, before March 1, 2003, appealable to the Board or an immigration judge, or an application denied could be renewed in proceedings before an immigration judge, the same authority and procedures shall be followed until further modified by the Attorney General. [57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 62 FR 10332, Mar. 6, 1997. Redesignated and amended at 68 FR 9830, 9832, Feb. 28, 2003] § 1003.15 Contents of the order to show cause and notice to appear and notification of change of address. (a) In the Order to Show Cause, the Service shall provide the following administrative information to the Executive Office for Immigration Review. Omission of any of these items shall not provide the alien with any substantive or procedural rights: (1) The alien's names and any known aliases; (2) The alien's address; (3) The alien's registration number, with any lead alien registration number with which the alien is associated; (4) The alien's alleged nationality and citizenship; (5) The language that the alien understands; (b) The Order to Show Cause and Notice to Appear must also include the following information: (1) The nature of the proceedings against the alien; (2) The legal authority under which the proceedings are conducted; (3) The acts or conduct alleged to be in violation of law; (4) The charges against the alien and the statutory provisions alleged to have been violated; (5) Notice that the alien may be represented, at no cost to the government, by counsel or other representative authorized to appear pursuant to 8 CFR 1292.1; (6) The address of the Immigration Court where the Service will file the Order to Show Cause and Notice to Appear; and (7) A statement that the alien must advise the Immigration Court having administrative control over the Record of Proceeding of his or her current address and telephone number and a statement that failure to provide such information may result in an in absentia (c) Contents of the Notice to Appear for removal proceedings. (1) The alien's names and any known aliases; (2) The alien's address; (3) The alien's registration number, with any lead alien registration number with which the alien is associated; (4) The alien's alleged nationality and citizenship; and (5) The language that the alien understands. (d) Address and telephone number. (2) Within five days of any change of address, the alien must provide written notice of the change of address on Form EOIR-33 to the Immigration Court where the charging document has been filed, or if venue has been changed, to the Immigration Court to which venue has been changed. [57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 62 FR 10332, Mar. 6, 1997] § 1003.16 Representation. (a) The government may be represented in proceedings before an Immigration Judge. (b) The alien may be represented in proceedings before an Immigration Judge by an attorney or other representative of his or her choice in accordance with 8 CFR part 1292, at no expense to the government. [52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992, as amended at 62 FR 10332, Mar. 6, 1997] § 1003.17 Entry of appearance. (a) Entering an appearance using Form EOIR-28. (1) Filing Form EOIR-28. (2) Effect of Filing Form EOIR-28. (3) Withdrawal or substitution. (b) Entering a limited appearance for document assistance using Form EOIR-61. (1) Filing Form EOIR-61. (2) Effect of Filing Form EOIR-61. (c) Completing an appearance form, proof of qualification, disclosure requirements, and identification. [87 FR 56258, Sept. 14, 2022] § 1003.18 Docket management. (a) Scheduling. (b) Notice. (c) Administrative closure and recalendaring. (1) Administrative closure before immigration judges. (2) Recalendaring before immigration judges. (3) Standard for administrative closure and recalendaring. (i) As the circumstances of the case warrant, the factors relevant to a decision to administratively close a case include: (A) The reason administrative closure is sought; (B) The basis for any opposition to administrative closure; (C) Any requirement that a case be administratively closed in order for a petition, application, or other action to be filed with, or granted by, DHS; (D) The likelihood the alien will succeed on any petition, application, or other action that the alien is pursuing, or that the alien states in writing or on the record at a hearing that they plan to pursue, outside of proceedings before the immigration judge; (E) The anticipated duration of the administrative closure; (F) The responsibility of either party, if any, in contributing to any current or anticipated delay; (G) The ultimate anticipated outcome of the case pending before the immigration judge; and (H) The ICE detention status of the alien. (ii) As the circumstances of the case warrant, the factors relevant to a decision to recalendar a case include: (A) The reason recalendaring is sought; (B) The basis for any opposition to recalendaring; (C) The length of time elapsed since the case was administratively closed; (D) If the case was administratively closed to allow the alien to file a petition, application, or other action outside of proceedings before the immigration judge, whether the alien filed the petition, application, or other action and, if so, the length of time that elapsed between when the case was administratively closed and when the alien filed the petition, application, or other action; (E) If a petition, application, or other action that was pending outside of proceedings before the immigration judge has been adjudicated, the result of that adjudication; (F) If a petition, application, or other action remains pending outside of proceedings before the immigration judge, the likelihood the alien will succeed on that petition, application, or other action; (G) The ultimate anticipated outcome if the case is recalendared; and (H) The ICE detention status of the alien. (d) Termination. (1) Removal, deportation, and exclusion proceedings Mandatory termination. (A) No charge of deportability, inadmissibility, or excludability can be sustained. (B) Fundamentally fair proceedings are not possible because the alien is mentally incompetent and adequate safeguards are unavailable. (C) The alien has, since the initiation of proceedings, obtained United States citizenship. (D) The alien has, since the initiation of proceedings, obtained at least one status listed in paragraphs (d)(1)(i)(D)( 1 4 ( 1 ( 2 ( 3 ( 4 (E) Termination is required under 8 CFR 1245.13(l). (F) Termination is otherwise required by law. (G) The parties jointly filed a motion to terminate, or one party filed a motion to terminate and the other party affirmatively indicated its non-opposition, unless the immigration judge articulates unusual, clearly identified, and supported reasons for denying the motion. (ii) Discretionary termination. (A) The alien has filed an asylum application with USCIS pursuant to section 208(b)(3)(C) of the Act pertaining to unaccompanied alien children, as defined in 6 U.S.C. 279(g)(2). (B) The alien is prima facie eligible for naturalization, relief from removal, or lawful status; USCIS has jurisdiction to adjudicate the associated petition, application, or other action if the alien were not in proceedings; and the alien has filed the petition, application, or other action with USCIS. However, no filing is required where the alien is prima facie eligible for adjustment of status or naturalization. Where the basis of an alien's motion for termination is that the alien is prima facie eligible for naturalization, the immigration judge shall not grant the motion if it is opposed by DHS. Immigration judges shall not terminate a case for the alien to pursue an asylum application before USCIS, except as provided for in paragraph (d)(1)(ii)(A) of this section. (C) The alien is a beneficiary of Temporary Protected Status, deferred action, or Deferred Enforced Departure. (D) USCIS has granted the alien's application for a provisional unlawful presence waiver pursuant to 8 CFR 212.7(e). (E) Termination is authorized by 8 CFR 1216.4(a)(6) or 1238.1(e). (F) Due to circumstances comparable to those described in paragraphs (d)(1)(ii)(A) through (E) of this section, termination is similarly necessary or appropriate for the disposition or alternative resolution of the case. However, immigration judges may not terminate a case for purely humanitarian reasons, unless DHS expressly consents to such termination, joins in a motion to terminate, or affirmatively indicates its non-opposition to an alien's motion. (2) Other proceedings Mandatory termination. (ii) Discretionary termination. (iii) Limitation on termination. [62 FR 10332, Mar. 6, 1997, as amended at 89 FR 46792, May 29, 2024; 91 FR 5278, Feb. 6, 2026] § 1003.19 Custody/bond. (a) Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236. (b) Application for an initial bond redetermination by a respondent, or his or her attorney or representative, may be made orally, in writing, or, at the discretion of the Immigration Judge, by telephone. (c) Applications for the exercise of authority to review bond determinations shall be made to one of the following offices, in the designated order: (1) If the respondent is detained, to the Immigration Court having jurisdiction over the place of detention; (2) To the Immigration Court having administrative control over the case; or (3) To the Office of the Chief Immigration Judge for designation of an appropriate Immigration Court. (d) Consideration by the Immigration Judge of an application or request of a respondent regarding custody or bond under this section shall be separate and apart from, and shall form no part of, any deportation or removal hearing or proceeding. The determination of the Immigration Judge as to custody status or bond may be based upon any information that is available to the Immigration Judge or that is presented to him or her by the alien or the Service. (e) After an initial bond redetermination, an alien's request for a subsequent bond redetermination shall be made in writing and shall be considered only upon a showing that the alien's circumstances have changed materially since the prior bond redetermination. (f) The determination of an Immigration Judge with respect to custody status or bond redetermination shall be entered on the appropriate form at the time such decision is made and the parties shall be informed orally or in writing of the reasons for the decision. An appeal from the determination by an Immigration Judge may be taken to the Board of Immigration Appeals pursuant to § 1003.38. (g) While any proceeding is pending before the Executive Office for Immigration Review, the Service shall immediately advise the Immigration Court having administrative control over the Record of Proceeding of a change in the respondent/applicant's custody location or of release from Service custody, or subsequent taking into Service custody, of a respondent/applicant. This notification shall be in writing and shall state the effective date of the change in custody location or status, and the respondent/applicant's current fixed street address, including zip code. (h)(1)(i) While the Transition Period Custody Rules (TPCR) set forth in section 303(b)(3) of Div. C of Pub. L. 104-208 remain in effect, an immigration judge may not redetermine conditions of custody imposed by the Service with respect to the following classes of aliens: (A) Aliens in exclusion proceedings; (B) Arriving aliens in removal proceedings, including persons paroled after arrival pursuant to section 212(d)(5) of the Act; (C) Aliens described in section 237(a)(4) of the Act; (D) Aliens subject to section 303(b)(3)(A) of Pub. L. 104-208 who are not “lawfully admitted” (as defined in § 1236.1(c)(2) of this chapter); or (E) Aliens designated in § 1236.1(c) of this chapter as ineligible to be considered for release. (ii) Nothing in this paragraph shall be construed as prohibiting an alien from seeking a redetermination of custody conditions by the Service in accordance with part 1235 or 1236 of this chapter. In addition, with respect to paragraphs (h)(1)(i)(C), (D), and (E) of this section, nothing in this paragraph shall be construed as prohibiting an alien from seeking a determination by an immigration judge that the alien is not properly included within any of those paragraphs. (2)(i) Upon expiration of the Transition Period Custody Rules set forth in section 303(b)(3) of Div. C. of Pub. L. 104-208, an immigration judge may not redetermine conditions of custody imposed by the Service with respect to the following classes of aliens: (A) Aliens in exclusion proceedings; (B) Arriving aliens in removal proceedings, including aliens paroled after arrival pursuant to section 212(d)(5) of the Act; (C) Aliens described in section 237(a)(4) of the Act; (D) Aliens in removal proceedings subject to section 236(c)(1) of the Act (as in effect after expiration of the Transition Period Custody Rules); and (E) Aliens in deportation proceedings subject to section 242(a)(2) of the Act (as in effect prior to April 1, 1997, and as amended by section 440(c) of Pub. L. 104-132). (ii) Nothing in this paragraph shall be construed as prohibiting an alien from seeking a redetermination of custody conditions by the Service in accordance with part 1235 or 1236 of this chapter. In addition, with respect to paragraphs (h)(2)(i)(C), (D), and (E) of this section, nothing in this paragraph shall be construed as prohibiting an alien from seeking a determination by an immigration judge that the alien is not properly included within any of those paragraphs. (3) Except as otherwise provided in paragraph (h)(1) of this section, an alien subject to section 303(b)(3)(A) of Div. C of Pub. L. 104-208 may apply to the Immigration Court, in a manner consistent with paragraphs (c)(1) through (c)(3) of this section, for a redetermination of custody conditions set by the Service. Such an alien must first demonstrate, by clear and convincing evidence, that release would not pose a danger to other persons or to property. If an alien meets this burden, the alien must further demonstrate, by clear and convincing evidence, that the alien is likely to appear for any scheduled proceeding or interview. (4) Unremovable aliens. (i) Stay of custody order pending appeal by the government General discretionary stay authority. (2) Automatic stay in certain cases. [57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 62 FR 10332, Mar. 6, 1997; 63 FR 27448, May 19, 1998; 66 FR 54911, Oct. 31, 2001; 70 FR 4753, Jan. 31, 2005; 71 FR 57884, Oct. 2, 2006] § 1003.20 Change of venue. (a) Venue shall lie at the Immigration Court where jurisdiction vests pursuant to § 1003.14. (b) The Immigration Judge, for good cause, may change venue only upon motion by one of the parties, after the charging document has been filed with the Immigration Court. The Immigration Judge may grant a change of venue only after the other party has been given notice and an opportunity to respond to the motion to change venue. (c) No change of venue shall be granted without identification of a fixed street address, including city, state and ZIP code, where the respondent/applicant may be reached for further hearing notification. [57 FR 11572, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 62 FR 10332, Mar. 6, 1997] § 1003.21 Pre-hearing conferences and statement. (a) Pre-hearing conferences may be scheduled at the discretion of the Immigration Judge. The conference may be held to narrow issues, to obtain stipulations between the parties, to exchange information voluntarily, and otherwise to simplify and organize the proceeding. (b) The Immigration Judge may order any party to file a pre-hearing statement of position that may include, but is not limited to: A statement of facts to which both parties have stipulated, together with a statement that the parties have communicated in good faith to stipulate to the fullest extent possible; a list of proposed witnesses and what they will establish; a list of exhibits, copies of exhibits to be introduced, and a statement of the reason for their introduction; the estimated time required to present the case; and, a statement of unresolved issues involved in the proceedings. (c) If submission of a pre-hearing statement is ordered under paragraph (b) of this section, an Immigration Judge also may require both parties, in writing prior to the hearing, to make any evidentiary objections regarding matters contained in the pre-hearing statement. If objections in writing are required but not received by the date for receipt set by the Immigration Judge, admission of all evidence described in the pre-hearing statement shall be deemed unopposed. [57 FR 11572, Apr. 6, 1992] § 1003.22 Interpreters. Any person acting as an interpreter in a hearing shall swear or affirm to interpret and translate accurately, unless the interpreter is an employee of the United States Government, in which event no such oath or affirmation shall be required. [52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992] § 1003.23 Reopening or reconsideration before the immigration court. (a) Pre-decision motions. (b) Before the Immigration Court In general. (i) Form and contents of the motion. (ii) Filing. (iii) Assignment to an immigration judge. (iv) Replies to motions; decision. (v) Stays. (2) Motion to reconsider. (3) Motion to reopen. (4) Exceptions to filing deadlines Asylum and withholding of removal. (ii) Order entered in absentia or in removal proceedings. (iii) Order entered in absentia in deportation or exclusion proceedings. ( 1 ( 2 (B) A motion to reopen exclusion hearings on the basis that the immigration judge improperly entered an order of exclusion in absentia must be supported by evidence that the alien had reasonable cause for his failure to appear. (C) The filing of a motion to reopen under paragraph (b)(4)(iii)(A) of this section shall stay the deportation of the alien pending decision on the motion and the adjudication of any properly filed administrative appeal. (D) The time and numerical limitations set forth in paragraph (b)(1) of this section shall not apply to a motion to reopen filed pursuant to the provisions of paragraph (b)(4)(iii)(A) of this section. (iv) Jointly filed motions. [52 FR 2936, Jan. 29, 1987, as amended at 55 FR 30680, July 27, 1990. Redesignated at 57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 61 FR 18908, Apr. 29, 1996; 61 FR 19976, May 3, 1996; 61 FR 21228, May 9, 1996; 62 FR 10332, Mar. 6, 1997; 62 FR 15362, Apr. 1, 1997; 62 FR 17048, Apr. 9, 1997; 64 FR 8487, Feb. 19, 1999; 85 FR 81655, Dec. 16, 2020; 86 FR 70722, Dec. 13, 2021; 89 FR 46793, May 29, 2024; 90 FR 41888, Aug. 28, 2025; 91 FR 35374, June 11, 2026] § 1003.24 Fees pertaining to matters within the jurisdiction of an Immigration Judge. (a) Generally. (b) Motions When a fee is required. (2) When a fee is not required. (i) A motion filed while proceedings are already pending before the Immigration Court; (ii) A motion requesting only a stay of removal, deportation, or exclusion; (iii) A motion to reopen a deportation or removal order entered in absentia if the motion is filed pursuant to section 242B(c)(3)(B) of the Act (8 U.S.C. 1252b(c)(3)(B)), as it existed prior to April 1, 1997, or section 240(b)(5)(C)(ii) of the Act (8 U.S.C. 1229a(b)(5)(C)(ii)), as amended; (iv) Any motion filed by the Department of Homeland Security; (v) A motion that is agreed upon by all parties and is jointly filed; or (vi) Any motion filed under a law, regulation, or directive that specifically does not require a filing fee. (c) Applications for relief When filed during proceedings. (2) When submitted with a motion to reopen. (d) Fee waivers. [69 FR 44906, July 28, 2004, as amended at 85 FR 81750, Dec. 16, 2020; 85 FR 82793, Dec. 18, 2020; 86 FR 70722, Dec. 13, 2021; 91 FR 35374, June 11, 2026] § 1003.25 Form of the proceeding. (a) Waiver of presence of the parties. (b) Stipulated request for order; waiver of hearing. (1) An admission that all factual allegations contained in the charging document are true and correct as written; (2) A concession of deportability or inadmissibility as charged; (3) A statement that the alien makes no application for relief under the Act; (4) A designation of a country for deportation or removal under section 241(b)(2)(A)(i) of the Act; (5) A concession to the introduction of the written stipulation of the alien as an exhibit to the Record of Proceeding; (6) A statement that the alien understands the consequences of the stipulated request and that the alien enters the request voluntarily, knowingly, and intelligently; (7) A statement that the alien will accept a written order for his or her deportation, exclusion or removal as a final disposition of the proceedings; and (8) A waiver of appeal of the written order of deportation or removal. (c) Telephonic or video hearings. [62 FR 10334, Mar. 6, 1997] § 1003.26 In absentia hearings. (a) In any exclusion proceeding before an Immigration Judge in which the applicant fails to appear, the Immigration Judge shall conduct an in absentia (b) In any deportation proceeding before an Immigration Judge in which the respondent fails to appear, the Immigration Judge shall order the respondent deported in absentia (c) In any removal proceeding before an Immigration Judge in which the alien fails to appear, the Immigration Judge shall order the alien removed in absentia (1) The Service establishes by clear, unequivocal, and convincing evidence that the alien is removable; and (2) The Service establishes by clear, unequivocal, and convincing evidence that written notice of the time and place of proceedings and written notice of the consequences of failure to appear were provided to the alien or the alien's counsel of record. (d) Written notice to the alien shall be considered sufficient for purposes of this section if it was provided at the most recent address provided by the alien. If the respondent fails to provide his or her address as required under § 1003.15(d), no written notice shall be required for an Immigration Judge to proceed with an in absentia [59 FR 1899, Jan. 13, 1994, as amended at 62 FR 10334, Mar. 6, 1997; 62 FR 15362, Apr. 1, 1997] § 1003.27 Public access to hearings. All hearings, other than exclusion hearings, shall be open to the public except that: (a) Depending upon physical facilities, the Immigration Judge may place reasonable limitations upon the number in attendance at any one time with priority being given to the press over the general public; (b) For the purpose of protecting witnesses, parties, or the public interest, the Immigration Judge may limit attendance or hold a closed hearing. (c) In any proceeding before an Immigration Judge concerning an abused alien spouse, the hearing and the Record of Proceeding shall be closed to the public unless the abused spouse agrees that the hearing and the Record of Proceeding shall be open to the public. In any proceeding before an Immigration Judge concerning an abused alien child, the hearing and the Record of Proceeding shall be closed to the public. (d) Proceedings before an Immigration Judge shall be closed to the public if information subject to a protective order under § 1003.46, which has been filed under seal pursuant to § 1003.31(d), may be considered. [52 FR 2936, Jan. 29, 1987. Redesignated and amended at 57 FR 11571, 11572, Apr. 6, 1992; 62 FR 10334, Mar. 6, 1997; 67 FR 36802, May 28, 2002] § 1003.28 Recording equipment. The only recording equipment permitted in the proceeding will be the equipment used by the Immigration Judge to create the official record. No other photographic, video, electronic, or similar recording device will be permitted to record any part of the proceeding. [52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992] § 1003.29 Continuances. The immigration judge may grant a motion for continuance for good cause shown, provided that nothing in this section shall authorize a continuance that causes the adjudication of an asylum application to exceed 180 days in the absence of exceptional circumstances, consistent with section 208(d)(5)(A)(iii) of the Act and § 1003.10(b). [85 FR 81750, Dec. 16, 2020] § 1003.30 Additional charges in deportation or removal hearings. At any time during deportation or removal proceedings, additional or substituted charges of deportability and/or factual allegations may be lodged by the Service in writing. The alien shall be served with a copy of these additional charges and/or allegations and the Immigration Judge shall read them to the alien. The Immigration Judge shall advise the alien, if he or she is not represented by counsel, that the alien may be so represented. The alien may be given a reasonable continuance to respond to the additional factual allegations and charges. Thereafter, the provision of § 1240.10(b) of this chapter relating to pleading shall apply to the additional factual allegations and charges. [62 FR 10335, Mar. 6, 1997] § 1003.31 Filing documents and applications. This section applies to the filing of all documents, including motions and applications, before the immigration courts. (a) Filing parties. (b) Filing requirements. (c) Originals. (d) Classified information. (e) Sealed medical documents. (f) Where to file. (g) Fees. (h) Filing deadlines. (i) Filing under seal. (j) Signatures. [86 FR 70722, Dec. 13, 2021, as amended at 91 FR 35375, June 11, 2026] § 1003.32 Service and size of documents. The service of filings with the immigration courts depends on whether the documents are filed through EOIR's electronic filing application or in paper. (a) Service of electronic filings. (b) Valid email address. (c) Service of paper filings. (d) Size and format of documents. 1/2 [86 FR 70723, Dec. 13, 2021] § 1003.33 Translation of documents. Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities. [59 FR 1900, Jan. 13, 1994] § 1003.34 Testimony. Testimony of witnesses appearing at the hearing shall be under oath or affirmation. [52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992] § 1003.35 Depositions and subpoenas. (a) Depositions. (b) Subpoenas issued subsequent to commencement of proceedings General. (2) Application for subpoena. (3) Issuance of subpoena. (4) Appearance of witness. (5) Service. (6) Invoking aid of court. [62 FR 10335, Mar. 6, 1997] § 1003.36 Record of proceeding. The Immigration Court shall create and control the Record of Proceeding. [52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995] § 1003.37 Decisions. (a) A decision of the immigration judge may be rendered orally or in writing. If the decision is oral, it shall be stated by the immigration judge in the presence of the parties and a memorandum summarizing the oral decision shall be served on the parties. If the decision is in writing, it shall be served on the parties by personal service, mail, or electronic notification. (b) A written copy of the decision will not be sent to an alien who has failed to provide a written record of an address. [57 FR 11573, Apr. 6, 1992, as amended at 59 FR 1900, Jan. 13, 1994; 86 FR 70723, Dec. 13, 2021] § 1003.38 Appeals. (a) Decisions of Immigration Judges may be appealed to the Board of Immigration Appeals as authorized by 8 CFR 1003.1(b). (b) This paragraph (b) addresses filing deadlines for appeals to the Board of Immigration Judge decisions. (1) Except as provided in paragraph (b)(2) of this section, in all cases the Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26) shall be filed directly with the Board within 10 calendar days of the Immigration Judge's decision. (2) In cases where an Immigration Judge has adjudicated an asylum application and did not deny the application under 208(a)(2)(A), (B), or (C) of the Act, the Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26) shall be filed directly with the Board within 30 calendar days of the Immigration Judge's decision. (3) In all cases, the Board appeal filing deadline shall be calculated from the date of the stating of an Immigration Judge's oral decision or the mailing or electronic notification of an Immigration Judge's written decision. If the final date for filing falls on a Saturday, Sunday, or legal holiday, this appeal time shall be extended to the next business day. A Notice of Appeal (Form EOIR-26) may not be filed by any party who has waived appeal. Any issue not raised in the Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26) shall be deemed waived. (c) The date of filing of the Notice of Appeal (Form EOIR-26) shall be the date the Notice is received by the Board. (d) A Notice of Appeal (Form EOIR-26) must be accompanied by the appropriate fee or by an Appeal Fee Waiver Request (Form EOIR-26A). If the fee is not paid or the Appeal Fee Waiver Request (Form EOIR-26A) is not filed within the specified time period indicated in paragraph (b) of this section, the appeal will not be deemed properly filed and the decision of the Immigration Judge shall be final to the same extent as though no appeal had been taken. (e) Within five working days of any change of address, an alien must provide written notice of the change of address on Form EOIR-33 to the Board. Where a party is represented, the representative should also provide to the Board written notice of any change in the representative's business mailing address. (f) Briefs may be filed by both parties pursuant to 8 CFR 1003.3(c). (g) In proceedings before the Board on behalf of a respondent, a practitioner must enter an appearance using Form EOIR-27 or Form EOIR-60. (1) Entering an appearance using Form EOIR-27. (i) Filing Form EOIR-27. (ii) Effect of filing Form EOIR-27. (iii) Withdrawal or substitution. (2) Entering a limited appearance for document assistance using Form EOIR-60. (i) Filing Form EOIR-60. (ii) Effect of Filing Form EOIR-60. (3) Completing an appearance form, proof of qualification, disclosure requirements, and identification. [52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 61 FR 18908, Apr. 29, 1996; 86 FR 70723, Dec. 13, 2021; 87 FR 56258, Sept. 14, 2022; 91 FR 5278, Feb. 6, 2026] § 1003.39 Finality of decision. Except when certified to the Board, the decision of the Immigration Judge becomes final upon waiver of appeal or upon expiration of the time to appeal if no appeal is taken whichever occurs first. [52 FR 2936, Jan. 29, 1987. Redesignated and amended at 57 FR 11571, 11573, Apr. 6, 1992] § 1003.40 Local operating procedures. An Immigration Court having administrative control over Records of Proceedings may establish local operating procedures, provided that: (a) Such operating procedure(s) shall not be inconsistent with any provision of this chapter; (b) A majority of the judges of the local Immigration Court shall concur in writing therein; and (c) The Chief Immigration Judge has approved the proposed operating procedure(s) in writing. [52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34090, June 30, 1995] § 1003.41 Evidence of criminal conviction. In any proceeding before an Immigration Judge, (a) Any of the following documents or records shall be admissible as evidence in proving a criminal conviction: (1) A record of judgment and conviction; (2) A record of plea, verdict and sentence; (3) A docket entry from court records that indicates the existence of a conviction; (4) Minutes of a court proceeding or a transcript of a hearing that indicates the existence of a conviction; (5) An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a state official associated with the state's repository of criminal justice records, that indicates the following: The charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence; (6) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction. (b) Any document or record of the types specified in paragraph (a) of this section may be submitted if it complies with the requirement of § 287.6(a) of this chapter, or a copy of any such document or record may be submitted if it is attested in writing by an immigration officer to be a true and correct copy of the original. (c) Any record of conviction or abstract that has been submitted by electronic means to the Service from a state or court shall be admissible as evidence to prove a criminal conviction if it: (1) Is certified by a state official associated with the state's repository of criminal justice records as an official record from its repository or by a court official from the court in which conviction was entered as an official record from its repository. Such certification may be by means of a computer-generated signature and statement of authenticity; and, (2) Is certified in writing by a Service official as having been received electronically from the state's record repository or the court's record repository. (d) Any other evidence that reasonably indicates the existence of a criminal conviction may be admissible as evidence thereof. [58 FR 38953, July 21, 1993] § 1003.42 Review of credible fear determinations. (a) Referral. (b) Record of proceeding. (c) Procedures and evidence. (d) Standard of review. (e) Timing. (f) Decision. (2) No appeal shall lie from a review of a negative fear determination made by an immigration judge, but the Attorney General, in the Attorney General's sole and unreviewable discretion, may direct that the immigration judge refer a case for the Attorney General's review following the Immigration Judge's review of a negative fear determination. (3) In any case the Attorney General decides, the Attorney General's decision shall be stated in writing and shall be transmitted to the Board for transmittal and service as provided in 8 CFR 1003.1(f). Such decision by the Attorney General may be designated as precedent as provided in 8 CFR 1003.1(g). (g) Custody. (h) Asylum cooperative agreement Applicants for admission, 2002 U.S.-Canada Agreement, which includes the Additional Protocol of 2022. (2) Aliens in transit. (3) Applicants for admission. See (4) Aliens in transit through the United States from countries other than Canada. See (i) Severability. [62 FR 10335, Mar. 6, 1997, as amended at 64 FR 8487, Feb. 19, 1999; 69 FR 69496, Nov. 29, 2004; 83 FR 55952, Nov. 9, 2018; 84 FR 33844, July 16, 2019; 84 FR 64009, Nov. 19, 2019; 85 FR 80393, Dec. 11, 2020; 87 FR 18220, Mar. 29, 2022; 88 FR 18240, Mar. 28, 2023; 88 FR 31451, May 16, 2023; 89 FR 105401, Dec. 27, 2024; 90 FR 41888, Aug. 28, 2025; 91 FR 5278, Feb. 6, 2026] § 1003.43 Motions to reopen for suspension of deportation and cancellation of removal pursuant to section 203(c) of NACARA and section 1505(c) of the LIFE Act Amendments. (a) Standard for Adjudication. (b) Aliens eligible to reopen proceedings under section 203 of NACARA. (1) Is prima facie eligible for suspension of deportation pursuant to former section 244(a) of the Act (as in effect prior to April 1, 1997) or the special rule for cancellation of removal pursuant to section 309(f) of IIRIRA, as amended by section 203(b) of NACARA; (2) Was or would be ineligible: (i) For suspension of deportation by operation of section 309(c)(5) of IIRIRA (as in effect prior to November 19, 1997); or (ii) For cancellation of removal pursuant to section 240A of the Act, but for operation of section 309(f) of IIRIRA, as amended by section 203(b) of NACARA; (3) Has not been convicted at any time of an aggravated felony; and (4) Is within one of the six classes of aliens described in paragraphs (d)(1) through (d)(6) of this section. (c) Aliens eligible to reopen proceedings under section 1505(c) of the LIFE Act Amendments. (1) Is prima facie eligible for suspension of deportation pursuant to former section 244(a) of the Act (as in effect prior to April 1, 1997) or cancellation of removal pursuant to section 240A(b) of the Act and section 309(f) of IIRIRA, as amended by section 203(b) of NACARA; (2) Was or would be ineligible, by operation of section 241(a)(5) of the Act, for suspension of deportation pursuant to former section 244(a) of the Act (as in effect prior to April 1, 1997) or cancellation of removal pursuant to section 240A(b) of the Act and section 309(f) of IIRIRA, as amended by section 203(b) of NACARA, but for enactment of section 1505(c) of the LIFE Act Amendments; (3) Has not been convicted at any time of an aggravated felony; and (4) Is within one of the eight classes of aliens described in paragraph (d) of this section. (d) Classes of Eligible Aliens Class 1. (i) First entered the United States on or before September 19, 1990; (ii) Registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. Thornburgh, (iii) Was not apprehended after December 19, 1990, at time of entry. (2) Class 2. (i) First entered the United States on or before October 1, 1990; (ii) Registered for ABC benefits on or before December 31, 1991; and (iii) Was not apprehended after December 19, 1990, at time of entry. (3) Class 3. (4) Class 4. (i) Entered the United States on or before December 31, 1990; (ii) Applied for asylum on or before December 31, 1991; and (iii) At the time of filing such application for asylum was a national of the Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, Yugoslavia, or any state of the former Yugoslavia. (5) Class 5. (6) Class 6. (7) Class 7. (8) Class 8. (i) Who is or was the spouse or child of a person described in paragraphs (d)(1) through (d)(4) of this section: (A) At the time a decision is rendered to suspend deportation or cancel removal of that person; (B) At the time that person filed an application for suspension of deportation or cancellation of removal; or (C) At the time that person registered for ABC benefits, applied for TPS, or applied for asylum; and (ii) Who has been battered or subjected to extreme cruelty (or the spouse described in paragraph (d)(8)(i) of this section has a child who has been battered or subjected to extreme cruelty) by the person described in paragraphs (d)(1) through (d)(4) of this section. (e) Motion to reopen under section 203 of NACARA. (2) A motion to reopen filed pursuant to paragraph (b) of this section shall be considered complete at the time of submission of an application for suspension of deportation or special rule cancellation of removal and accompanying documents. Such application must be submitted no later than November 18, 1999. Aliens described in paragraphs (d)(5) or (d)(6) of this section must include, as part of their submission, proof that their parent or spouse is prima facie eligible and has applied for relief under section 203 of NACARA. (3) The Service shall have 45 days from the date the alien serves the Immigration Court with either the Form EOIR-40 or the Form I-881 application for suspension of deportation or special rule cancellation of removal to respond to that completed motion. If the alien fails to submit the required application on or before November 18, 1999, the motion will be denied as abandoned. (f) Motion to reopen under section 1505(c) of the LIFE Act Amendments. (2) A motion to reopen and the accompanying application and supporting documents filed pursuant to paragraph (c) of this section must be submitted on or before October 16, 2001. Aliens described in paragraphs (d)(5) and (d)(6) of this section must include, as part of their submission, proof that their parent or spouse is prima facie eligible and has applied for relief under section 203 of NACARA. (3) The Service shall have 45 days from the date the alien serves the Immigration Court to respond to that motion to reopen. (g) Fee for motion to reopen waived. (h) Jurisdiction over motions to reopen under section 203 of NACARA and remand of appeals. (2) The Board will remand to the Immigration Court any presently pending appeal in which the alien appears eligible to apply for suspension of deportation or cancellation of removal under the special rules of section 309(g) of IIRIRA, as amended by section 203 of NACARA, and appears prima facie eligible for that relief. The alien will then have the opportunity to apply for suspension or cancellation under the special rules of NACARA before the Immigration Court. (i) Jurisdiction over motions to reopen under section 1505(c) of the LIFE Act Amendments and remand of appeals. (2) If the Immigration Court has jurisdiction and grants only the motion to reopen filed pursuant to paragraph (f) of this section, the scope of the reopened proceeding shall be limited to a determination of the alien's eligibility for suspension of deportation or cancellation of removal pursuant to section 309(h)(1) of IIRIRA, as amended by section 1505(c) of the LIFE Act Amendments. (3) If the Board has jurisdiction and grants only the motion to reopen filed pursuant to paragraph (f) of this section, it shall remand the case to the Immigration Court solely for adjudication of the application for suspension of deportation or cancellation of removal pursuant to section 309(h)(1) of IIRIRA, as amended by section 1505(c) of the LIFE Act Amendments. (4) Nothing in this section shall be interpreted to preclude or restrict the applicability of any other exceptions regarding motions to reopen that are provided for in 8 CFR 3.2(c)(3) and 3.23(b). [66 FR 37123, July 17, 2001] § 1003.44 Special motion to seek section 212(c) relief for aliens who pleaded guilty or nolo contendere (a) Standard for adjudication. (b) General eligibility. nolo contendere. (1) Was a lawful permanent resident and is now subject to a final order of deportation or removal; (2) Agreed to plead guilty or nolo contendere (3) Had seven consecutive years of lawful unrelinquished domicile in the United States prior to the date of the final administrative order of deportation or removal; and (4) Is otherwise eligible to apply for section 212(c) relief under the standards that were in effect at the time the alien's plea was made, regardless of when the plea was entered by the court. (c) Aggravated felony definition. (d) Effect of prior denial of section 212(c) relief. (e) Scope of proceedings. (f) Procedure for filing a special motion to seek section 212(c) relief. (g) Relationship to motions to reopen or reconsider on other grounds Other pending motions to reopen or reconsider. INS St. Cyr (2) Motions previously filed pursuant to prior provision. (3) Effect of a prior denial of a motion to reopen or motion to reconsider filed after the St. Cyr decision. St. Cyr (4) Limitations for motions. (h) Deadline to file a special motion to seek section 212(c) relief under this section. (i) Fees. (j) Remands of appeals. (k) Limitations on eligibility under this section. (1) Aliens who have departed the United States and are currently outside the United States; (2) Aliens issued a final order of deportation or removal who then illegally returned to the United States; or (3) Aliens who have not been admitted or paroled. [69 FR 57833, Sept. 28, 2004] § 1003.46 Protective orders, sealed submissions in Immigration Courts. (a) Authority. (b) Motion by the service. (c) Sealed annex to motion. (d) Due deference. (e) Denied motions. (f) Granted motions. (1) The Immigration Judge shall ensure that the protective order encompasses such witnesses as the respondent demonstrates are reasonably necessary to the presentation of his case. If necessary, the Immigration Judge may impose the requirements of the protective order on any witness before the Immigration Judge to whom such information may be disclosed. (2) The protective order may require that the respondent, and his or her attorney or accredited representative, if any: (i) Not divulge any of the information submitted under the protective order, or any information derived therefrom, to any person or entity, other than authorized personnel of the Executive Office for Immigration Review, the Service, or such other persons approved by the Service or the Immigration Judge; (ii) When transmitting any information under a protective order, or any information derived therefrom, to the Executive Office for Immigration Review or the Service, include a cover sheet identifying the contents of the submission as containing information subject to a protective order under this section; (iii) Store any information under a protective order, or any information derived therefrom, in a reasonably secure manner, and return all copies of such information to the Service upon completion of proceedings, including judicial review; and (iv) Such other requirements as the Immigration Judge finds necessary to protect the information from disclosure. (3) Upon issuance of such protective order, the Service shall serve the respondent with the protective order and the sealed information. A protective order issued under this section shall remain in effect until vacated by the Immigration Judge. (4) Further review of the protective order before the Board shall only be had pursuant to review of an order of the Immigration Judge resolving all issues of removability and any applications for relief pending in the matter pursuant to 8 CFR 3.1(b). Notwithstanding any other provision of this section, the Immigration Judge shall retain jurisdiction to modify or vacate a protective order upon motion of the Service or the respondent. An Immigration Judge may not grant a motion by the respondent to modify or vacate a protective order until either: the Service files a response to such motion or 10 days after service of such motion on the Service. (g) Admissibility as evidence. (h) Seal. (i) Administrative enforcement. [67 FR 36802, May 28, 2002] § 1003.47 Identity, law enforcement, or security investigations or examinations relating to applications for immigration relief, protection, or restriction on removal. (a) In general. (b) Covered applications. (1) Asylum under section 208 of the Act. (2) Adjustment of status to that of a lawful permanent resident under sections 209 or 245 of the Act, or any other provision of law. (3) Waiver of inadmissibility or deportability under sections 209(c), 212, or 237 of the Act, or any provision of law. (4) Permanent resident status on a conditional basis or removal of the conditional basis of permanent resident status under sections 216 or 216A of the Act, or any other provision of law. (5) Cancellation of removal or suspension of deportation under section 240A or former section 244 of the Act, or any other provision of law. (6) Relief from removal under former section 212(c) of the Act. (7) Withholding of removal under section 241(b)(3) of the Act or under the Convention Against Torture. (8) Registry under section 249 of the Act. (9) Conditional grants relating to the above, such as for applications seeking asylum pursuant to section 207(a)(5) of the Act or cancellation of removal in light of section 240A(e) of the Act. (c) Completion of applications for immigration relief, protection, or restriction on removal. (d) Biometrics and other biographical information. (e) Conduct of investigations or examinations. (f) Continuance for completion of investigations or examinations. (g) Adjudication after completion of investigations or examinations. (h) Adjudication upon remand from the Board. (i) Procedures when immigration relief granted. (j) Voluntary departure. (k) Custody hearings. [70 FR 4753, Jan. 31, 2005] Subpart D—Special Provisions Source: 89 FR 46794, May 29, 2024, unless otherwise noted. § 1003.55 Treatment of post-conviction orders. (a) Applicability of Matter of Thomas & Thompson, 27 I&N Dec. 674 (A.G. 2019). Matter of Thomas & Thompson (i) Where a court at any time granted a request to modify, clarify, vacate, or otherwise alter the sentence and the request was filed on or before October 25, 2019; or (ii) Where the alien demonstrates that the alien reasonably and detrimentally relied on the availability of an order modifying, clarifying, vacating, or otherwise altering the sentence entered in connection with a guilty plea, conviction, or sentence on or before October 25, 2019. (2) Where paragraph (a)(1) of this section applies, the adjudicator shall assess the relevant order under Matter of Cota-Vargas, Matter of Song, Matter of Estrada, (b) Post-conviction orders correcting errors. [89 FR 46794, May 29, 2024, as amended at 91 FR 5278, Feb. 6, 2026] Subpart E—List of Pro Bono Legal Service Providers Source: 62 FR 9073, Feb. 28, 1997, unless otherwise noted. § 1003.61 General provisions. (a) Definitions Director. (2) Pro bono legal services. (3) Organization. (4) Pro bono referral service. (5) Provider. (b) Authority. (c) Qualification. (d) Organizations. [80 FR 59510, Oct. 1, 2015] § 1003.62 Eligibility. (a) Organizations recognized under part 1292. (1) The organization will provide a minimum of 50 hours per year of pro bono legal services to individuals at each immigration court location where the organization intends to be included on the List, in cases where an attorney or representative of the organization, or an attorney or representative to whom the organization has referred the case for pro bono representation, files a Form EOIR-28 Notice of Entry of Appearance as Attorney or Representative before the Immigration Court (EOIR-28 Notice of Entry of Appearance). When an attorney or representative of the organization represents the individual pro bono before the immigration court location, the organization may count, toward the 50-hour requirement, the attorney's or representative's out-of-court preparation time and in-court time. When the organization refers the case for pro bono legal services outside the organization, the organization may count, toward the 50-hour requirement, time the organization's attorneys and representatives spent providing pro bono legal services, for example conducting an intake interview or mentoring the attorney or representative to whom the case is referred. However, the organization is not permitted to count the time of the attorney or representative to whom the case was referred. (2) The organization has on its staff at least one attorney, as defined in § 1292.1(a)(1) of this chapter, or at least one representative accredited under part 1292 of this chapter, to practice before the immigration courts and the Board of Immigration Appeals. (3) No attorney or representative who will provide pro bono legal services on the organization's behalf in cases pending before EOIR is the subject of an order of disbarment under § 1003.101(a)(1) or suspension under § 1003.101(a)(2). (b) Organizations not recognized under part 1292. (1) The organization will provide a minimum of 50 hours per year of pro bono legal services to individuals at each immigration court location where the organization intends to be included on the List, in cases where an attorney or representative of the organization, or an attorney or representative to whom the organization has referred the case for pro bono representation, files a Form EOIR-28 Notice of Entry of Appearance. When an attorney or representative of the organization represents the individual pro bono before the immigration court location, the organization may count, toward the 50-hour requirement, the attorney's or representative's out-of-court preparation time and in-court time. When the organization refers the case for pro bono legal services outside the organization, the organization may count, toward the 50-hour requirement, time the organization's attorneys or representatives spent providing pro bono legal services, for example conducting an intake interview or mentoring the attorney or representative to whom the case is referred. However, the organization is not permitted to count the time of the attorney or representative to whom the case was referred. (2) The organization has on its staff at least one attorney, as defined in § 1292.1(a)(1) of this chapter. (3) No attorney or representative who will provide pro bono legal services on the organization's behalf in cases pending before EOIR is the subject of an order of disbarment under § 1003.101(a)(1) or suspension under § 1003.101(a)(2). (c) Pro bono referral services. (d) Attorneys. (1) The attorney is not the subject of an order of disbarment under § 1003.101(a)(1) or suspension under § 1003.101(a)(2); (2) The attorney will provide a minimum of 50 hours per year of pro bono legal services to individuals at each immigration court location where the attorney intends to be included on the List, in cases where he or she files a Form EOIR-28 Notice of Entry of Appearance. The attorney may count, toward the requirement, both out-of-court preparation time and in-court time. (3) The attorney cannot provide pro bono legal services through or in association with an organization or pro bono referral service described in paragraph (a), (b), or (c) of this section because: (i) Such an organization or referral service is unavailable; or (ii) The range of services provided by an available organization(s) or referral service(s) is insufficient to address the needs of the community. [80 FR 59510, Oct. 1, 2015] § 1003.63 Applications. (a) Generally. (1) Establish by clear and convincing evidence that the applicant qualifies to be on the List pursuant to § 1003.61(c); (2) Specify how the organization, pro bono referral service, or attorney wants its name and contact information to be set forth on the List; and (3) Identify each immigration court location where the organization, pro bono referral service, or attorney provides, or plans to provide, pro bono legal services. (b) Organizations. (1) That it will provide annually at least 50 hours of pro bono legal services to individuals in removal or other proceedings before each immigration court location identified in its application; (2) That every attorney and accredited representative who will represent clients pro bono before EOIR on behalf of the organization is registered to practice before EOIR under § 1292.1(f); (3) That no attorney or representative who will provide pro bono legal services on behalf of the organization in cases pending before EOIR: (i) Is under any order suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law; or (ii) Is the subject of an order of disbarment under § 1003.101(a)(1) or suspension under § 1003.101(a)(2); and (4) Any specific limitations it has in providing pro bono legal services (e.g., not available to assist detained individuals or those with criminal convictions, or available for asylum cases only). (c) Pro bono referral services. (1) That it will offer its referral services to individuals in removal or other proceedings before each immigration court location identified in its application; and (2) Any specific limitations it has in providing its pro bono referral services (e.g., not available to assist detained individuals or those with criminal convictions, or available only for asylum cases). (d) Attorneys. (1) That he or she will provide annually at least 50 hours of pro bono legal services to individuals in removal or other proceedings before each immigration court location identified in his or her application; (2) Any specific limitations the attorney has in providing pro bono legal services (e.g., not available to assist detained individuals or those with criminal convictions, or available for asylum cases only); (3) A description of the good-faith efforts he or she made to provide pro bono legal services through an organization or pro bono referral service described in § 1003.62(a), (b), or (c) to individuals appearing before each immigration court location listed in the application; (4) An explanation that any such organization or referral service is unavailable or that the range of services provided by available organization(s) or referral service(s) is insufficient to address the needs of the community; (5) His or her EOIR registration number; (6) That he or she is not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law; and (7) That he or she is not the subject of an order of disbarment under § 1003.101(a)(1) or suspension under § 1003.101(a)(2). (e) Applications approved before (f) Notice and comments Public notice and comment. (2) Response. [80 FR 59511, Oct. 1, 2015, as amended at 86 FR 70723, Dec. 13, 2021] § 1003.64 Approval and denial of applications. (a) Authority. (b) Decision. (1) Denials. (2) Approval and continuing qualification. [80 FR 59512, Oct. 1, 2015, as amended at 86 FR 70723, Dec. 13, 2021] § 1003.65 Removal of a provider from the List. (a) Automatic removal. (1) Remove the name of the attorney from the List no later than at the next quarterly update; and (2) Notify the attorney of such removal in writing, at the last known address given by the provider or electronically. (b) Requests for removal. (2) Any provider removed from the List at the provider's request may seek reinstatement to the List upon written notice to the Director. Any request for reinstatement must include a new declaration of eligibility, as set forth under § 1003.63(b), (c), or (d). Reinstatement to the List is at the sole discretion of the Director. Upon the Director's approval of reinstatement, the provider's name shall be included on the List no later than in the next quarterly update. Reinstatement to the List does not affect the requirement under § 1003.64(b)(2) that a provider submit a new declaration of eligibility every three years from the date of the approval of the original application to be included on the List. (c) EOIR inquiry in response to complaints. (d) Procedures for removing providers from the List. (1) Grounds. (i) Fails to comply with § 1003.66; (ii) Has filed a false declaration in connection with an application filed pursuant to § 1003.63; (iii) Improperly uses the List primarily to advertise or solicit clients for compensated legal services; or (iv) Fails to comply with any and all other requirements of this subpart. (2) Notice. (3) Response. (4) Decision. (i) Remove the name of the provider from the List no later than in the next quarterly update; and (ii) Notify the provider of such removal in writing, at the address last provided to the Director by the provider or electronically. (5) Disciplinary Action. [80 FR 59512, Oct. 1, 2015, as amended at 86 FR 70723, Dec. 13, 2021] § 1003.66 Changes in information or status. All providers with a pending application or currently on the List must notify the Director in writing within ten business days if: (a) The provider's contact information has changed; (b) Any specific limitations in providing pro bono legal services under § 1003.63(b)(4), (c)(2), or (d)(2) have changed; or (c) The provider is no longer eligible under § 1003.62. [80 FR 59513, Oct. 1, 2015] Subpart F [Reserved] Subpart G—Professional Conduct for Practitioners—Rules and Procedures Source: 65 FR 39526, June 27, 2000, unless otherwise noted. § 1003.101 General provisions. (a) Authority to sanction. (1) Disbarment, which is permanent, from practice before the Board and the Immigration Courts or the DHS, or before all three authorities; (2) Suspension, including immediate suspension, from practice before the Board and the Immigration Courts or the DHS, or before all three authorities; (3) Public or private censure; or (4) Such other disciplinary sanctions as the adjudicating official or the Board deems appropriate. (b) Persons subject to sanctions. (c) The administrative termination of a representative's accreditation under 8 CFR 1292.17 after the issuance of a Notice of Intent to Discipline pursuant to § 1003.105(a)(1) shall not preclude the continuation of disciplinary proceedings and the imposition of sanctions, unless counsel for the government moves to withdraw the Notice of Intent to Discipline and the adjudicating official or the Board grants the motion. [65 FR 39526, June 27, 2000, as amended at 73 FR 76923, Dec. 18, 2008; 77 FR 2014, Jan. 13, 2012; 81 FR 92362, Dec. 19, 2016; 87 FR 56259, Sept. 14, 2022] § 1003.102 Grounds. It is deemed to be in the public interest for an adjudicating official or the Board to impose disciplinary sanctions against any practitioner who falls within one or more of the categories enumerated in this section, but these categories do not constitute the exclusive grounds for which disciplinary sanctions may be imposed in the public interest. Nothing in this regulation should be read to denigrate the practitioner's duty to represent zealously his or her client within the bounds of the law. A practitioner who falls within one of the following categories shall be subject to disciplinary sanctions in the public interest if he or she: (a) Charges or receives, either directly or indirectly: (1) In the case of an attorney, any fee or compensation for specific services rendered for any person that shall be deemed to be grossly excessive. The factors to be considered in determining whether a fee or compensation is grossly excessive include the following: The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the attorney; the fee customarily charged in the locality for similar legal services; the amount involved and the results obtained; the time limitations imposed by the client or by the circumstances; the nature and length of the professional relationship with the client; and the experience, reputation, and ability of the attorney or attorneys performing the services, (2) In the case of an accredited representative as defined in § 1292.1(a)(4) of this chapter, any fee or compensation for specific services rendered for any person, except that an accredited representative may be regularly compensated by the organization of which he or she is an accredited representative, or (3) In the case of a law student or law graduate as defined in § 1292.1(a)(2) of this chapter, any fee or compensation for specific services rendered for any person, except that a law student or law graduate may be regularly compensated by the organization or firm with which he or she is associated as long as he or she is appearing without direct or indirect remuneration from the client he or she represents; (b) 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 Department of Justice) to commit any act or to refrain from performing any act in connection with any case; (c) Knowingly or with reckless disregard makes a false statement of material fact or law, or willfully misleads, misinforms, threatens, or deceives any person (including a party to a case or an officer or employee of the Department of Justice), concerning any material and relevant matter relating to a case, including knowingly or with reckless disregard offering false evidence. If a practitioner has offered material evidence and comes to know of its falsity, the practitioner shall take appropriate remedial measures; (d) Solicits professional employment, through in-person or live telephone contact or through the use of runners, from a prospective client with whom the practitioner has no family or prior professional relationship, when a significant motive for the practitioner's doing so is the practitioner's pecuniary gain. If the practitioner has no family or prior professional relationship with the prospective client known to be in need of legal services in a particular matter, the practitioner must include the words “Advertising Material” on the outside of the envelope of any written communication and at the beginning and ending of any recorded communication. Such advertising material or similar solicitation documents may not be distributed by any person in or around the premises of any building in which an immigration court is located; (e) Is subject to a final order of disbarment or suspension, or has resigned while a disciplinary investigation or proceeding is pending; (f) Knowingly or with reckless disregard makes a false or misleading communication about his or her qualifications or services. A communication is false or misleading if it: (1) Contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading, or, (2) Contains an assertion about the practitioner or the practitioner's qualifications or services that cannot be substantiated. A practitioner shall not state or imply that the practitioner has been recognized or certified as a specialist in immigration or nationality law unless such certification is granted by the appropriate State regulatory authority or by an organization that has been approved by the appropriate State regulatory authority to grant such certification. An accredited representative shall not state or imply that the accredited representative: (i) Is approved to practice before the immigration courts or the Board, if the representative is only approved as an accredited representative before DHS; (ii) Is an accredited representative for an organization other than a recognized organization through which the representative acquired accreditation; or (iii) Is an attorney. (g) Engages in contumelious or otherwise obnoxious conduct, with regard to a case in which he or she acts in a representative capacity, which would constitute contempt of court in a judicial proceeding; (h) Has been found guilty of, or pleaded guilty or nolo contendere nolo contendere (i) Knowingly or with reckless disregard falsely certifies a copy of a document as being a true and complete copy of an original; (j) Engages in frivolous behavior in a proceeding before an immigration court, the Board, or any other administrative appellate body under title II of the Immigration and Nationality Act, provided: (1) A practitioner 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 harass or to cause unnecessary delay. Actions that, if taken improperly, may be subject to disciplinary sanctions 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 a practitioner on any filing, application, motion, appeal, brief, or other document constitutes certification by the signer that the signer has read the filing, application, motion, appeal, brief, or other document and that, to the best of the signer's knowledge, information, and belief, formed after inquiry reasonable under the circumstances, the document is well-grounded in fact and is warranted by existing law or by a good faith argument for the extension, modification, or reversal of existing law or the establishment of new law, and is not interposed for any improper purpose. (2) The imposition of disciplinary sanctions for frivolous behavior under this section in no way limits the authority of the Board to dismiss an appeal summarily pursuant to § 1003.1(d); (k) Engages in conduct that constitutes ineffective assistance of counsel, as previously determined in a finding by the Board, an immigration judge in an immigration proceeding, or a Federal court judge or panel, and a disciplinary complaint is filed within one year of the finding; (l) Repeatedly fails to appear for pre-hearing conferences, scheduled hearings, or case-related meetings in a timely manner without good cause; (m) Assists any person, other than a practitioner as defined in § 1003.101(b), in the performance of activity that constitutes the unauthorized practice of law. The practice of law before EOIR means engaging in practice preparation (n) Engages in conduct that is prejudicial to the administration of justice or undermines the integrity of the adjudicative process. Conduct that will generally be subject to sanctions under this ground includes any action or inaction that seriously impairs or interferes with the adjudicative process when the practitioner should have reasonably known to avoid such conduct; (o) Fails to provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners; (p) Fails to abide by a client's decisions concerning the objectives of representation and fails to consult with the client as to the means by which they are to be pursued, in accordance with paragraph (r) of this section. A practitioner may take such action on behalf of the client as is impliedly authorized to carry out the representation; (q) Fails to act with reasonable diligence and promptness in representing a client. (1) A practitioner's workload must be controlled and managed so that each matter can be handled competently. (2) A practitioner has the duty to act with reasonable promptness. This duty includes, but shall not be limited to, complying with all time and filing limitations. This duty, however, does not preclude the practitioner from agreeing to a reasonable request for a postponement that will not prejudice the practitioner's client. (3) A practitioner should carry through to conclusion all matters undertaken for a client, consistent with the scope of representation as previously determined by the client and practitioner, unless the client terminates the relationship or the practitioner obtains permission to withdraw in compliance with applicable rules and regulations. If a practitioner has handled a proceeding that produced a result adverse to the client and the practitioner and the client have not agreed that the practitioner will handle the matter on appeal, the practitioner must consult with the client about the client's appeal rights and the terms and conditions of possible representation on appeal; (r) Fails to maintain communication with the client throughout the duration of the client-practitioner relationship. It is the obligation of the practitioner to take reasonable steps to communicate with the client in a language that the client understands. A practitioner is only under the obligation to attempt to communicate with his or her client using addresses or phone numbers known to the practitioner. In order to properly maintain communication, the practitioner should: (1) Promptly inform and consult with the client concerning any decision or circumstance with respect to which the client's informed consent is reasonably required; (2) Reasonably consult with the client about the means by which the client's objectives are to be accomplished. Reasonable consultation with the client includes the duty to meet with the client sufficiently in advance of a hearing or other matter to ensure adequate preparation of the client's case and compliance with applicable deadlines; (3) Keep the client reasonably informed about the status of the matter, such as significant developments affecting the timing or the substance of the representation; and (4) Promptly comply with reasonable requests for information, except that when a prompt response response (s) Fails to disclose to the adjudicator legal authority in the controlling jurisdiction known to the practitioner to be directly adverse to the position of the client and not disclosed by opposing counsel; (t) Repeatedly fails to submit a signed and completed entry of appearance using the appropriate form in compliance with applicable rules and regulations, including 8 CFR 292.4(a), 1003.17, and 1003.38; (u) Repeatedly drafts notices, motions, briefs, or claims that are filed with DHS or EOIR that reflect little or no attention to the specific factual or legal issues applicable to a client's case, but rather rely on boilerplate language indicative of a substantial failure to competently and diligently represent the client; (v) Acts outside the scope of the representative's approved authority as an accredited representative. (w) Repeatedly fails to sign any pleading, application, motion, petition, brief, or other document prepared, drafted, or filed with DHS or EOIR. The practitioner's signature must be in the practitioner's individual name and must be handwritten or electronically in conformity with the rules and instructions of the applicable system. [65 FR 39526, June 27, 2000, as amended at 73 FR 76923, Dec. 18, 2008, 81 FR 92362, Dec. 19, 2016; 87 FR 56259, Sept. 14, 2022] § 1003.103 Immediate suspension and summary disciplinary proceedings; duty of practitioner to notify EOIR of conviction or discipline. (a) Immediate Suspension Petition. (2) DHS petition. DHS may file a petition with the Board to suspend immediately from practice before DHS any practitioner described in paragraph (a)(1) of this section. See 8 CFR 292.3(c). (3) Copy of petition. A copy of a petition filed by the EOIR disciplinary counsel shall be forwarded to DHS, which may submit a written request to the Board that entry of any order immediately suspending a practitioner before the Board or the Immigration Courts also apply to the practitioner's authority to practice before DHS. A copy of a petition filed by DHS shall be forwarded to the EOIR disciplinary counsel, who may submit a written request to the Board that entry of any order immediately suspending a practitioner before DHS also apply to the practitioner's authority to practice before the Board and Immigration Courts. Proof of service on the practitioner of any request to broaden the scope of an immediate suspension or proposed discipline must be filed with the Board or the adjudicating official. (4) Immediate suspension. (b) Summary disciplinary proceedings. (1) In matters concerning criminal convictions, a certified copy of the court record, docket entry, or plea shall be conclusive evidence of the commission of the crime in any summary disciplinary proceeding based thereon. (2) In the case of a summary proceeding based upon a final order of disbarment or suspension, or a resignation while a disciplinary investigation or proceeding is pending ( i.e. (i) The underlying disciplinary proceeding was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (ii) There was such an infirmity of proof establishing the attorney's professional misconduct as to give rise to the clear conviction that the adjudicating official could not, consistent with his or her duty, accept as final the conclusion on that subject; or (iii) The imposition of discipline by the adjudicating official would result in grave injustice. (c) Duty of practitioner and recognized organizations to notify EOIR of conviction or discipline. [65 FR 39526, June 27, 2000, as amended at 73 FR 76923, Dec. 18, 2008; 77 FR 2014, Jan. 13, 2012; 81 FR 92362, Dec. 19, 2016] § 1003.104 Filing of complaints; preliminary inquiries; resolutions; referral of complaints. (a) Filing complaints Practitioners authorized to practice before the Board and the Immigration Courts. (2) Practitioners authorized to practice before DHS. (b) Preliminary inquiry. (c) Resolution reached prior to the issuance of a Notice of Intent to Discipline. (d) Referral of complaints of criminal conduct. [65 FR 39526, June 27, 2000, as amended at 73 FR 76924, Dec. 18, 2008; 81 FR 92362, Dec. 19, 2016] § 1003.105 Notice of Intent to Discipline. (a) Issuance of Notice. (2) For the purposes of this section, the last known address of a practitioner is the practitioner's address as it appears in EOIR's case management system if the practitioner is actively representing a party before EOIR on the date that the EOIR disciplinary counsel issues the Notice of Intent to Discipline. If the practitioner does not have a matter pending before EOIR on the date of the issuance of a Notice of Intent to Discipline, then the last known address for a practitioner will be as follows: (i) Attorneys in the United States: the attorney's address that is on record with a state jurisdiction that licensed the attorney to practice law. (ii) Accredited representatives: the address of a recognized organization with which the accredited representative is affiliated. (iii) Accredited officials: the address of the embassy of the foreign government that employs the accredited official. (iv) All other practitioners: the address for the practitioner that appears in EOIR's case management system for the most recent matter on which the practitioner represented a party. (3) DHS Issuance of Notice to practitioner. (b) Copy of notice; reciprocity of discipline. (c) Answer Filing. (2) Contents. (3) Request for hearing. (d) Failure to file an answer. (2) Upon such a default by the practitioner or, in cases involving a recognized organization, the organization, the counsel for the government shall submit to the Board proof of service of the Notice of Intent to Discipline. The practitioner or the organization shall be precluded thereafter from requesting a hearing on the matter. The Board shall issue a final order adopting the proposed disciplinary sanctions in the Notice of Intent to Discipline unless to do so would foster a tendency toward inconsistent dispositions for comparable conduct or would otherwise be unwarranted or not in the interests of justice. With the exception of cases in which the Board has already imposed an immediate suspension pursuant to § 1003.103 or that otherwise involve an accredited representative or recognized organization, any final order imposing discipline shall not become effective sooner than 15 days from the date of the order to provide the practitioner opportunity to comply with the terms of such order, including, but not limited to, withdrawing from any pending immigration matters and notifying immigration clients of the imposition of any sanction. Any final order imposing discipline against an accredited representative or recognized organization shall become effective immediately. A practitioner or a recognized organization may file a motion to set aside a final order of discipline issued pursuant to this paragraph, with service of such motion on counsel for the government, provided: (i) Such a motion is filed within 15 days of the date of service of the final order; and (ii) The practitioner's or the recognized organization's failure to file an answer was due to exceptional circumstances (such as serious illness of the practitioner or death of an immediate relative of the practitioner, but not including less compelling circumstances) beyond the control of the practitioner or the recognized organization. [65 FR 39526, June 27, 2000, as amended at 73 FR 76925, Dec. 18, 2008; 77 FR 2014, Jan. 13, 2012; 81 FR 92362, Dec. 19, 2016] § 1003.106 Right to be heard and disposition. (a) Right to be heard Summary disciplinary proceedings. (2) Procedure. (i) The Chief Immigration Judge shall, upon the filing of an answer, appoint an Immigration Judge as an adjudicating official. At the request of the Chief Immigration Judge, the Chief Administrative Hearing Officer may appoint an Administrative Law Judge as an adjudicating official. The Director may appoint either an Immigration Judge or Administrative Law Judge as an adjudicating official if the Chief Immigration Judge or the Chief Administrative Hearing Officer does not appoint an adjudicating official or if the Director determines it is in the interest of efficiency to do so. An Immigration Judge or Administrative Law Judge shall not serve as the adjudicating official in any case in which the Judge is the complainant, in any case involving a practitioner who regularly appears before the Judge, or in any case involving a recognized organization whose representatives regularly appear before the Judge. (ii) Upon the practitioner's or, in cases involving a recognized organization, the organization's, request for a hearing, the adjudicating official may designate the time and place of the hearing with due regard to the location of the practitioner's practice or residence or of the recognized organization, the convenience of witnesses, and any other relevant factors. When designating the time and place of a hearing, the adjudicating official shall provide for the service of a notice of hearing on the practitioner or the authorized officer of the recognized organization and the counsel for the government. The practitioner or the recognized organization shall be afforded adequate time to prepare a case in advance of the hearing. Pre-hearing conferences may be scheduled at the discretion of the adjudicating official in order to narrow issues, to obtain stipulations between the parties, to exchange information voluntarily, and otherwise to simplify and organize the proceeding. Settlement agreements reached after the issuance of a Notice of Intent to Discipline are subject to final approval by the adjudicating official or, if the practitioner or organization has not filed an answer, subject to final approval by the Board. (iii) The practitioner or, in cases involving a recognized organization, the organization, may be represented by counsel at no expense to the government. Counsel for the practitioner or the organization shall file the appropriate Notice of Entry of Appearance (Form EOIR-27 or EOIR-28) in accordance with the procedures set forth in this part. Each party shall have a reasonable opportunity to examine and object to evidence presented by the other party, to present evidence, and to cross-examine witnesses presented by the other party. If the practitioner or the recognized organization files an answer but does not request a hearing, then the adjudicating official shall provide the parties an opportunity to submit briefs and evidence to support or refute any of the charges or affirmative defenses. (iv) In rendering a decision, the adjudicating official shall consider the following: The complaint, the preliminary inquiry report, the Notice of Intent to Discipline, the answer, any supporting documents, and any other evidence, including pleadings, briefs, and other materials. Counsel for the government shall bear the burden of proving the grounds for disciplinary sanctions enumerated in the Notice of Intent to Discipline by clear and convincing evidence. (v) The record of proceedings, regardless of whether an immigration judge or an administrative law judge is the adjudicating official, shall conform to the requirements of 8 CFR part 1003, subpart C and 8 CFR 1240.9. Disciplinary hearings shall be conducted in the same manner as Immigration Court proceedings as is appropriate, and shall be open to the public, except that: (A) Depending upon physical facilities, the adjudicating official may place reasonable limitations upon the number of individuals in attendance at any one time, with priority being given to the press over the general public, and (B) For the purposes of protecting witnesses, parties, or the public interest, the adjudicating official may limit attendance or hold a closed hearing. (3) Failure to appear in proceedings. (i) Such a motion is filed within 15 days of the date of issuance of the final order; and (ii) The practitioner's or the recognized organization's failure to appear was due to exceptional circumstances (such as serious illness of the practitioner or death of an immediate relative of the practitioner, but not including less compelling circumstances) beyond the control of the practitioner or the recognized organization. (b) Decision. (c) Appeal. (d) Referral. [65 FR 39526, June 27, 2000, as amended at 73 FR 76925, Dec. 18, 2008; 77 FR 2015, Jan. 13, 2012; 81 FR 92363, Dec. 19, 2016; 86 FR 70723, Dec. 13, 2021] § 1003.107 Reinstatement after disbarment or suspension. (a) Reinstatement upon expiration of suspension. (2) The EOIR disciplinary counsel and, in matters in which the practitioner was ordered suspended from practice before DHS, the DHS disciplinary counsel, may reply within 13 days of service of the motion in the form of a written response objecting to the reinstatement on the ground that the practitioner failed to comply with the terms of the suspension. The response must include supporting documentation or evidence of the petitioner's failure to comply with the terms of the suspension. The Board, in its discretion, may afford the parties additional time to file briefs or hold a hearing to determine if the practitioner meets all the requirements for reinstatement. (3) If a practitioner does not meet the definition of attorney or representative, the Board shall deny the motion for reinstatement without further consideration. If the practitioner failed to comply with the terms of the suspension, the Board shall deny the motion and indicate the circumstances under which the practitioner may apply for reinstatement. If the practitioner meets the definition of attorney or representative and the practitioner otherwise has complied with the terms of the suspension, the Board shall grant the motion and reinstate the practitioner. (b) Early reinstatement. (2) A practitioner seeking early reinstatement must demonstrate by clear and convincing evidence that the practitioner possesses the moral and professional qualifications required to appear before the Board, the Immigration Courts, or DHS, and that the practitioner's reinstatement will not be detrimental to the administration of justice. The EOIR disciplinary counsel and, in matters in which the practitioner was ordered disbarred or suspended from practice before DHS, the DHS disciplinary counsel, may reply within 30 days of service of the petition in the form of a written response to the Board, which may include, but is not limited to, documentation or evidence of the practitioner's failure to comply with the terms of the disbarment or suspension or of any complaints filed against the disbarred or suspended practitioner subsequent to the practitioner's disbarment or suspension. (3) If a practitioner cannot meet the definition of attorney or representative, the Board shall deny the petition for reinstatement without further consideration. If the petition for reinstatement is found to be otherwise inappropriate or unwarranted, the petition shall be denied. Any subsequent petitions for reinstatement may not be filed before the end of one year from the date of the Board's previous denial of reinstatement, unless the practitioner is otherwise eligible for reinstatement under paragraph (a). If the petition for reinstatement is determined to be timely, the practitioner meets the definition of attorney or representative, and the petitioner has otherwise established by the requisite standard of proof that the practitioner possesses the qualifications set forth herein, and that reinstatement will not be detrimental to the administration of justice, the Board shall grant the petition and reinstate the practitioner. The Board, in its discretion, may hold a hearing to determine if the practitioner meets all of the requirements for reinstatement. (c) Accredited representatives. (2) Disbarment. (d) Appearance after reinstatement. [65 FR 39526, June 27, 2000, as amended at 73 FR 76926, Dec. 18, 2008; 77 FR 2015, Jan. 13, 2012; 81 FR 92364, Dec. 19, 2016] § 1003.108 Confidentiality. (a) Complaints and preliminary inquiries. (1) Disclosure of information for the purpose of protecting the public. (i) A practitioner or recognized organization 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 EOIR disciplinary counsel may define the scope of information disseminated and may limit the disclosure of information to specified individuals and entities; (ii) A practitioner or recognized organization has committed criminal acts or is under investigation by law enforcement authorities; (iii) A practitioner or recognized organization is under investigation by a disciplinary or regulatory authority, or has committed acts or made omissions that may reasonably result in investigation by such authorities; (iv) A practitioner or recognized organization is the subject of multiple disciplinary complaints and the EOIR disciplinary counsel has determined not to pursue all of the complaints. The EOIR 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 or recognized organization have been resolved. (2) Disclosure of information for the purpose of conducting a preliminary inquiry. (i) To witnesses or potential witnesses in conjunction with a complaint or preliminary inquiry; (ii) To other governmental agencies responsible for the enforcement of civil or criminal laws; (iii) To agencies and other jurisdictions responsible for disciplinary or regulatory investigations and proceedings; (iv) To the complainant or a lawful designee; (v) To the practitioner or recognized organization who is the subject of the complaint or preliminary inquiry or the practitioner's or recognized organization's counsel of record. (3) Disclosure of information for the purpose of recognition of organizations and accreditation of representatives. (b) Resolutions reached prior to the issuance of a Notice of Intent to Discipline. (c) Notices of Intent to Discipline and action subsequent thereto. [65 FR 39526, June 27, 2000, as amended at 73 FR 76926, Dec. 18, 2008; 81 FR 92365, Dec. 19, 2016; 84 FR 44542, Aug. 26, 2019] § 1003.109 Discipline of government attorneys. Complaints regarding the conduct or behavior of Department attorneys, Immigration Judges, or Board Members shall be directed to the Office of Professional Responsibility, United States Department of Justice. If disciplinary action is warranted, it shall be administered pursuant to the Department's attorney discipline procedures. § 1003.110 Sanction of recognized organizations. (a) Authority to sanction. (i) Revocation, which removes the organization and its accredited representatives from the recognition and accreditation roster and permanently bars the organization from future recognition; (ii) Termination, which removes the organization and its accredited representatives from the recognition and accreditation roster but does not bar the organization from future recognition. In terminating recognition under this section, the adjudicating official or the Board may preclude the organization from submitting a new request for recognition under 8 CFR 1292.13 before a specified date; or (iii) Such other disciplinary sanctions, except a suspension, as the adjudicating official or the Board deems appropriate. (2) The administrative termination of an organization's recognition under 8 CFR 1292.17 after the issuance of Notice of Intent to Discipline pursuant to § 1003.105(a)(1) shall not preclude the continuation of disciplinary proceedings and the imposition of sanctions, unless counsel for the government moves to dismiss the Notice of Intent to Discipline and the adjudicating official or the Board grants the motion. (3) The imposition of disciplinary sanctions against a recognized organization does not result in disciplinary sanctions against that organization's accredited representatives; disciplinary sanctions, if any, against an organization's accredited representatives must be imposed separately from disciplinary sanctions against the organization. Termination or revocation of an organization's recognition has the effect of terminating the accreditation of representatives of that organization, but such individuals may retain or seek accreditation through another recognized organization. (b) Grounds. (1) Knowingly or with reckless disregard provides a false statement or misleading information in applying for recognition or accreditation of its representatives; (2) Knowingly or with reckless disregard provides false or misleading information to clients or prospective clients regarding the scope of authority of, or the services provided by, the organization or its accredited representatives; (3) Fails to adequately supervise accredited representatives; (4) Employs, receives services from, or affiliates with an individual who performs an activity that constitutes the unauthorized practice of law or immigration fraud; or (5) Engages in the practice of law through staff when it does not have an attorney or accredited representative. (c) Joint disciplinary proceedings. et seq. [81 FR 92365, Dec. 19, 2016] § 1003.111 Interim suspension. (a) Petition for interim suspension EOIR Petition. (2) DHS Petition. (3) Contents of the petition. (4) Requests to broaden scope. (b) Response. (c) Adjudication. [81 FR 92365, Dec. 19, 2016]

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