Form Eoir - 28 - Notice Of Entry Of Appearance As Attorney Or Representative Before The Immigration Court Page 2

ADVERTISEMENT

Indicate Type of Appearance:
Primary Attorney/Representative
Non-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 EOIR-28 on (Date) __________________
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 An appearance shall be filed on a Form EOIR-28 by the attorney or representative appearing in
each case before an Immigration Judge (see 8 C.F.R. § 1003.17). A Form EOIR-28 shall be filed either as an electronic form, or as
a paper form, as appropriate (for further information, please see the Immigration Court Practice Manual, which is available on the
EOIR website at ). The attorney or representative must check the box indicating whether the entry of
appearance is for custody and bond proceedings only, for all proceedings other than custody and bond, or for all proceedings
including custody and bond. When an appearance is made by a person acting in a representative capacity, his/her personal
appearance or signature constitutes a representation that, under the provisions of 8 C.F.R. part 1003, he/she is authorized and
qualified to represent individuals and will comply with the EOIR Rules of Professional Conduct in 8 C.F.R. § 1003.102. Thereafter,
substitution or withdrawal may be permitted upon the approval of the Immigration Judge of a request by the attorney or
representative of record in accordance with 8 C.F.R. § 1003.17(b). Please note that although separate appearances in custody and
non-custody proceedings are permitted, appearances for limited purposes within those proceedings are not permitted. See Matter of
Velasquez, 19 I&N Dec. 377, 384 (BIA 1986). A separate appearance form (Form EOIR-27) must be filed with an appeal to the
Board of Immigration Appeals (see 8 C.F.R. § 1003.38(g)). Attorneys and Accredited Representatives (with full accreditation) must
first update their address in eRegistry before filing a Form EOIR-28 that reflects a new address.
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. §§ 16.1-16.11 and appendices. For further information about
requesting records from EOIR under the Freedom of Information Act, see How to File a Freedom of Information Act (FOIA)
Request With the Executive Office for Immigration Review, available on EOIR's website at
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, EOIR-001, Records and Management Information System, 69 Fed. Reg. 26,179
(May 11, 2004), or its successors and EOIR-003, Practitioner Complaint-Disciplinary Files, 64 Fed. Reg. 49237 (September 1999).
Furthermore, the submission of this form acknowledges that an attorney or representative will be subject to the disciplinary rules
and procedures at 8 C.F.R. 1003.101et seq., including, pursuant to 8 C.F.R. §§ 292.3(h)(3), 1003.108(c), publication of the name of
the attorney or representative and findings of misconduct should the attorney or representative be subject to any public discipline by
EOIR.
CASES BEFORE EOIR - Automated information about cases before EOIR is available by calling (800) 898-7180 or (240) 314-1500.
FURTHER INFORMATION - For further information, please see the Immigration Court Practice Manual, which is available on
the EOIR website at
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

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal
Go
Page of 2