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Who Can Represent Aliens in Immigration Proceedings
Attorneys, Recognized Organizations, Accredited Representatives, Other Qualified Representatives, and Free Legal Services Providers This fact sheet provides basic information on who can represent aliens in immigration proceedings. It is intended for general informational purposes only and is not a substitute for legal advice, nor does it constitute any legal opinion by the Department of Justice. This fact sheet is not fully inclusive, does not address all applicable laws and case interpretation, and may be subject to change as new laws and regulations are enacted.
The Executive Office for Immigration Review (EOIR) conducts administrative hearings to determine whether aliens — who are charged by the Department of Homeland Security (DHS) with violating immigration law — should be ordered removed from the United States or should be granted relief from removal to remain in the country. Aliens in immigration proceedings –– before EOIR’s immigration courts or its appellate component, the Board of Immigration Appeals (BIA) –– may seek legal representation at their own expense; the government cannot provide legal representation.
Federal regulations (8 C.F.R. § 1292.1) specify who can represent aliens in immigration proceedings. The sections that follow below explain, by category, who can represent aliens in immigration proceedings –– attorneys, recognized organizations, accredited representatives, other qualified representatives, and free legal services providers.
No one else can represent aliens in immigration proceedings.
“Notarios,” visa consultants, and immigration consultants cannot represent aliens in immigration proceedings. To appear before an immigration court, all representatives must file a Form EOIR-28. To appear before the BIA, all representatives must file a Form EOIR-27 . (EOIR forms can be downloaded from EOIR’s website at (http://www.usdoj.gov/eoir/formslist.htm .)
Jacobson & Han LLP, Los Angeles Immigration Lawyers