Article Structure
The EOIR 28 form, officially known as the Notice of Entry of Appearance as Attorney or Immigration Court Representative, is a crucial document that facilitates the representation of individuals in U.S. Immigration Court. It is essential for both attorneys and accredited representatives wishing to appear on behalf of a party involved in immigration proceedings. This form is designed to capture vital information such as the name, address, and Alien (“A”) number of the person being represented. The representative must indicate the type of proceedings for which they are entering an appearance—whether it’s for custody and bond, all proceedings, or specific proceedings other than custody and bond. This transparency is paramount. Moreover, the form allows the representative to confirm their qualifications and whether they are in good standing to practice law, providing a clear affiliation with a recognized organization or law school. Additionally, it outlines the regulations governing the representatives’ conduct, ensuring adherence to professional standards. This form also addresses the procedural aspects of submitting an appearance, which must be strategically completed either electronically or on paper. Given the complexities of immigration law, understanding the EOIR 28 form is fundamental for ensuring that legal representation is both effective and compliant with established guidelines.
Eoir 28 Example
U.S. Department of Justice |
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Executive Office for Immigration Review |
Notice of Entry of Appearance as Attorney or |
Immigration Court |
Representative Before the Immigration Court |
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(Type or Print)
NAME AND ADDRESS OF REPRESENTED PARTY
______________________________________________________
(First)(Middle Initial)(Last)
______________________________________________________
(Number and Street)(Apt. No.)
______________________________________________________
(City) |
(State) |
(Zip Code) |
ALIEN (“A”) NUMBER
(Provide
Entry of appearance for
(please check one of the following):
All proceedings
Custody and bond proceedings only
All proceedings other than custody and bond proceedings
Attorney or Representative (please check one of the following):
I am an attorney eligible to practice law in, and a member in good standing of, the bar of the highest court(s) of the following states(s), possession(s), territory(ies), commonwealth(s), or the District of Columbia (use additional space on reverse side if necessary) and I am not subject to any order disbarring, suspending, enjoining, restraining or otherwise restricting me in the practice of law in any jurisdiction (if subject to such an order, do not check this box and explain on reverse).
Full Name of Court __________________________________ Bar Number (if applicable) __________________________
I am a representative accredited to appear before the Executive Office for Immigration Review as defined in 8 C.F.R. § 1292.1(a)(4) with the following recognized organization:
____________________________________________________________________
I am a law student or law graduate of an accredited U.S. law school as defined in 8 C.F.R. § 1292.1(a)(2). I am a reputable individual as defined in 8 C.F.R. § 1292.1(a)(3).
I am an accredited foreign government official, as defined in 8 C.F.R. § 1291.1(a)(5), from _____________________ (country).
I am a person who was authorized to practice on December 23, 1952, under 8 C.F.R. § 1292.1(b).
Attorney or Representative (please check one of the following):
I hereby enter my appearance as attorney or representative for, and at the request of, the party named above.
EOIR has ordered the provision of a Qualified Representative for the party named above and I appear in that capacity.
I have read and understand the statements provided on the reverse side of this form that set forth the regulations and conditions governing appearances and representations before the Immigration Court. By signing this form, I consent to publication of my name and any findings of misconduct by EOIR, should I become subject to any public discipline by EOIR pursuant to the rules and procedures at 8 C.F.R. 1003.101 et seq. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
SIGNATURE OF ATTORNEY OR REPRESENTATIVE EOIR ID NUMBER DATE
X __________________________________________________________________________________________________
NAME OF ATTORNEY OR REPRESENTATIVE, ADDRESS, FAX & PHONE NUMBERS, & EMAIL ADDRESS
Name: ____________________________________________________________________________________________________
(First)(Middle Initial)(Last)
Address: __________________________________________________________________________________________________
(Number and Street)
__________________________________________________________________________________________________
(City)(State)(Zip Code)
Telephone: _________________ Facsimile: _________________ Email: ______________________________________________
Check here if new address
Form EOIR - 28 Rev. Dec. 2015
Indicate Type of Appearance:
Primary Attorney/Representative
On behalf of ______________________________ (Attorney’s Name) for the following hearing: _________________ (Date)
I am providing pro bono representation. Check one: yes no
Proof of Service
I (Name) _____________________________ mailed or delivered a copy of this Form
to the DHS (U.S. Immigration and Customs Enforcement – ICE) at _________________________________________________
X ___________________________________________________________
Signature of Person Serving
APPEARANCES - An attorney or Accredited Representative (with full accreditation) must register with the EOIR eRegistry in order to practice before the Immigration Court (see 8 C.F.R. § 1292.1(f)). Registration must be completed online on the EOIR website at www.justice.gov/eoir. An appearance shall be filed on a Form
FREEDOM OF INFORMATION ACT - This form may not be used to request records under the Freedom of Information Act or the Privacy Act. The manner of requesting such records is in 28 C.F.R. §§
PRIVACY ACT NOTICE - The information requested on this form is authorized by 8 U.S.C. §§ 1229(a), 1362 and 8 C.F.R. § 1003.17 in order to enter an appearance to represent a party before the Immigration Court. The information you provide is mandatory and required to enter an appearance. Failure to provide the requested information will result in an inability to represent a party or receive notice of actions in a proceeding. EOIR may share this information with others in accordance with approved routine uses described in EOIR's system of records notice,
CASES BEFORE EOIR - Automated information about cases before EOIR is available by calling (800)
FURTHER INFORMATION - For further information, please see the Immigration Court Practice Manual, which is available on the EOIR website at www.justice.gov/eoir.
ADDITIONAL INFORMATION:
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated average time to complete this form is six (6) minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Executive Office for Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041.
Form EOIR - 28
Rev. Dec. 2015
Form Characteristics
| Fact Name | Details |
|---|---|
| Purpose | The EOIR 28 form is used to notify the Immigration Court of an attorney or representative's entry of appearance on behalf of a party. |
| Eligibility | Only attorneys in good standing or accredited representatives can file this form. Eligibility is based on specific regulations outlined in federal law. |
| Governing Regulations | The use of this form is governed by 8 C.F.R. § 1003.17, which outlines the requirements for representative appearances. |
| Submission Format | The EOIR 28 form can be submitted electronically or as a paper form. Accurate submission is crucial for proper processing. |
| Address Update Requirement | Attorneys must update their address in the EOIR eRegistry prior to submitting a new EOIR 28 to reflect any changes. |
| Appearance Types | Representatives must specify whether their appearance is for all proceedings, only for custody and bond proceedings, or for other specific types of proceedings. |
| Consequences of Non-compliance | Failure to provide accurate information may lead to inability to represent the party, or to receive important legal notifications. |
Guidelines on Utilizing Eoir 28
After completing the EOIR 28 form, it should be submitted to the appropriate party as indicated, ensuring that all required sections are filled out accurately. Below are the steps to fill out the form.
- Begin by print or type the full name and address of the represented party clearly, including the first name, middle initial, last name, street address, apartment number (if applicable), city, state, and zip code.
- Provide the alien “A” number of the party represented in the designated area.
- Select the appropriate option for the entry of appearance by checking one of the boxes: "All proceedings," "Custody and bond proceedings only," or "All proceedings other than custody and bond proceedings."
- Indicate whether you are an attorney or representative by checking the appropriate box and filling in the required details, including the court name and bar number (if applicable).
- If you are a representative from a recognized organization, include the name of the organization in the space provided.
- Check the box corresponding to your eligibility type such as law student or law graduate, reputable individual, accredited foreign government official, or a person authorized to practice on December 23, 1952, and provide the necessary information where applicable.
- Sign the form to enter your appearance as the attorney or representative for the party named above, and date the signature.
- Complete your information by filling out your full name, address, phone, fax number, and email address. Mark if this address is new.
- Indicate the type of appearance by checking whether you are the primary or non-primary attorney/representative and provide the name of the attorney you are representing, along with the hearing date (if applicable).
- Specify whether you are providing pro bono representation by checking the appropriate box.
- For proof of service, fill out your name and the date you mailed or delivered a copy of this form to DHS, including the address where it was sent.
What You Should Know About This Form
What is the purpose of the EOIR 28 form?
The EOIR 28 form, also known as the Notice of Entry of Appearance as Attorney or Immigration Court Representative, is used to notify the Immigration Court of an attorney or representative's appearance on behalf of a party in immigration proceedings. This form ensures that the court recognizes the individual representing the party and allows them to participate in the legal process. Proper completion of this form is essential for effective legal representation.
Who can file the EOIR 28 form?
Eligible individuals who can file the EOIR 28 form include licensed attorneys in good standing, accredited representatives from recognized organizations, students or graduates from accredited U.S. law schools, and certain foreign government officials. Each of these representatives must meet specific qualifications to ensure compliance with immigration court regulations.
What information is required on the EOIR 28 form?
The EOIR 28 form requires detailed information about the party being represented, including their name, address, and A-number. It also requires the representative's personal details, including their name, contact information, and status as a legal representative. Additionally, it is necessary to specify the type of proceedings the attorney or representative is entering appearance for, whether it is for all proceedings, only custody and bond, or other specific categories.
How do I submit the EOIR 28 form?
The EOIR 28 form can be submitted either electronically or as a paper form, depending on the circumstances. It is crucial to ensure that the information is accurate and complete before submission. You may submit it online through the EOIR eRegistry or deliver it by mail or in person to the appropriate immigration court. Following the specific instructions and deadlines is vital for successful representation.
What happens if the EOIR 28 form is not filed?
If the EOIR 28 form is not filed, the representative may not be recognized by the Immigration Court. This situation can prevent the individual from receiving important updates regarding the case and could hinder their ability to participate effectively in proceedings. Therefore, submitting the form as soon as possible and keeping records of submission is essential for maintaining representation.
Common mistakes
Filling out the EOIR 28 form correctly is crucial for ensuring proper representation in immigration proceedings. One common mistake is failing to provide the complete name and address of the party being represented. This section is essential because it helps the court identify the individual involved in the case. Omitting even a small part of this information can potentially delay proceedings or cause misunderstandings.
Another frequent error occurs when individuals neglect to include the Alien ("A") number. This number is assigned to each individual in immigration proceedings and acts as a unique identifier. Without it, the court may struggle to find records or information about the represented party, which can impede the resolution of the case.
Many people also fail to check the correct box regarding the type of representation they are providing. It is necessary to specify whether the entry of appearance is for all proceedings, custody and bond proceedings only, or all proceedings other than custody and bond. Inaccuracy in this section could lead to an incorrect assumption about the scope of the representation and potentially affect the proceedings.
Another mistake lies in the signature section. Representatives sometimes forget to sign the form, or they may neglect to include their EOIR ID number. Signing the form is not merely a formality; it serves as a declaration of the representative's intent to act on behalf of the client. Without a proper signature and ID, the form may be deemed incomplete.
In addition to the above errors, some representatives misinterpret their qualifications for representation. For instance, checking the box for attorney representation when the individual is not licensed to practice can lead to serious complications. It is vital for the representative to accurately assess their qualifications and select the appropriate category.
Lastly, individuals often overlook providing proof of service details. This includes indicating that a copy of the form was mailed or delivered to the appropriate authorities. Failing to include this information can result in the form being processed incorrectly, which may hinder the client's ability to receive timely notifications or updates regarding their case.
Documents used along the form
The EOIR-28 form, or the Notice of Entry of Appearance as Attorney or Immigration Court Representative, is a crucial document for those representing individuals in immigration proceedings. Along with this form, several other documents may also be required to support the case. Here’s a list of common forms and documents that are often used in conjunction with the EOIR-28.
- Form EOIR-27: This form is used for an attorney or representative to file an appeal to the Board of Immigration Appeals. It indicates that a person is formally appealing a decision made by an Immigration Judge.
- Form I-589: This application is used for individuals seeking asylum in the United States. It allows them to explain their reasons for seeking protection and must be filed within one year of entering the country.
- Form I-130: Often called the Petition for Alien Relative, this form is used by citizens or lawful permanent residents to establish their relationship to certain family members who wish to apply for permanent residency.
- Form I-601: This waiver application allows individuals to request forgiveness for certain inadmissibility grounds when applying for a visa or green card.
- Form I-485: Also known as the Application to Register Permanent Residence or Adjust Status, this form is used by individuals who are already in the U.S. to apply for a green card.
- Form I-864: The Affidavit of Support is required for most family-based immigration applications. It shows that a sponsor can financially support the immigrant to avoid reliance on government assistance.
- Form I-131: This document is a request for a travel document, including Advance Parole, which allows an individual to re-enter the U.S. after traveling abroad under certain conditions.
- Form I-945: This is used for the determination of public charge. It assesses whether an immigrant is likely to become dependent on government assistance.
Each of these forms plays a unique role in the immigration process and helps to ensure that individuals are represented effectively. It’s important to complete and submit these forms accurately and timely to avoid delays in proceedings. Always check for the latest guidelines and procedures when working with immigration forms.
Similar forms
- Form EOIR-27: Similar to the EOIR-28, the Form EOIR-27 is also used to represent a party before the Immigration Court, but it specifically applies to appeals made to the Board of Immigration Appeals. This form requires the attorney or representative to indicate their role in the appeal process, whereas the EOIR-28 focuses on the entry of appearance at the trial level.
- Form G-28: The G-28 form notifies the U.S. Citizenship and Immigration Services (USCIS) of an attorney’s or accredited representative’s appearance. Like the EOIR-28, it indicates who will represent the client. However, G-28 is specifically for matters handled by USCIS rather than the Immigration Court, thus serving a different agency while maintaining a similar purpose.
- Form I-590: This form is used for individuals applying for asylum or refugee status. While EOIR-28 focuses on representation before the court, I-590 lays out the applicant's background and need for protection. Both forms facilitate legal representation, but they operate in different legal contexts with distinct requirements.
- Immigration Court Practice Manual: Though not a form itself, the Immigration Court Practice Manual provides guidance on procedures, including the submission of Forms like EOIR-28. It outlines the rules governing legal representation and appearances, similar to what is described on the EOIR-28 in terms of how representatives should act and what regulations they must follow.
Dos and Don'ts
Things You Should Do:
- Complete the form using clear, legible handwriting or type it.
- Provide accurate and current information for the represented party.
- Indicate your role by checking the appropriate box; ensure it reflects your authority.
- Sign and date the form in the designated areas.
- Make sure to include an Alien “A” number if applicable.
Things You Shouldn't Do:
- Do not leave any required fields blank; every section must be filled out.
- Do not submit the form without verifying all information for accuracy.
- Avoid using outdated addresses or contact details.
- Do not ignore the instructions regarding pro bono representation if it applies to you.
- Do not submit this form for purposes other than entering an appearance before the Immigration Court.
Misconceptions
Understanding the EOIR 28 form, which is used for entering the appearance of an attorney or representative before the Immigration Court, can be complicated. Several misconceptions may distort its actual function and requirements. Below are six common misconceptions:
- Misconception 1: The EOIR 28 form can be filed by anyone.
- Misconception 2: Submitting the EOIR 28 grants automatic representation.
- Misconception 3: The form is only needed for specific types of cases.
- Misconception 4: Attorneys do not need to notify the EOIR of address changes.
- Misconception 5: The EOIR 28 form can request records under the Freedom of Information Act.
- Misconception 6: Filing the EOIR 28 is a straightforward and uncomplicated process.
Only qualified attorneys or accredited representatives may file the form. It is not meant for individuals without the proper legal standing or accreditation.
Filing this form does not guarantee representation. The immigration judge must approve the entry of appearance, and any misrepresentation can lead to disciplinary action.
The EOIR 28 form must be submitted for all types of proceedings unless the representation is limited to a specific circumstance, such as bond proceedings.
Attorneys and representatives must update their address in the eRegistry before filing a new EOIR 28 form that reflects the change.
This form cannot be used for such requests. Specific procedures exist for requesting records under FOIA, separate from the EOIR 28 filing process.
While it may seem simple, it entails adherence to detailed regulations and conditions. Attorneys must ensure accuracy and compliance to avoid penalties.
Key takeaways
Understanding the process of filling out and using the EOIR 28 form is essential for both representatives and those they represent in immigration cases. This form serves as a formal notice of entry of appearance before the Immigration Court. Here are some crucial points to keep in mind:
- Accurate Information is Necessary: It is vital to ensure that all details, such as the name and address of the represented party, are filled out accurately. This helps in avoiding delays and ensures proper communication throughout the proceedings.
- Choose the Correct Box: When entering your appearance, make sure to check the appropriate box indicating whether you are representing in all proceedings, custody and bond proceedings only, or all proceedings excluding custody and bond. This distinction is important and governs the scope of your representation.
- Adhere to Registration Requirements: Attorneys and accredited representatives must complete their registration with the EOIR eRegistry to practice before the Immigration Court. This process is essential and must be finished before submitting the EOIR 28 form.
- Understand the Consequences: Signing the EOIR 28 form implies your consent to disciplinary actions if applicable. You should be familiar with the potential ramifications of any misconduct, as the EOIR retains the authority to publish findings related to any public discipline.
Each of these aspects plays a critical role in the smooth functioning of the legal representation process in immigration matters. Being diligent and informed can significantly contribute to a positive outcome for those navigating the complexities of the Immigration Court system.
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