narrative Statement

OMB# 1125-0006
For EOIR-28

Written Narrative of Proposed Changes: EOIR-28 Notice of Entry of Appearance as
Attorney or Representative Before the Immigration Court
(Highlighted provisions indicate where a change will occur; italics denote an addition to
the text; and the strikethrough denotes where text should be removed)
Footers on each page
1. Change the revision date from “Oct. 2014” to “[appropriate month] 2015”
Page 1 First Box, Right Column: “ALIEN (A) NUMBER (S)”
1. Split box horizontally, and add a new box below the existing box providing the
following information for the practitioner to designate they type of appearance:
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

Page 1 Box “Attorney or Representative (please check one of the following):”
1. Amend the existing paragraph by adding the additional highlighted language as
follows: “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.”
Page 2, Instructions:
1. Amend the section titled “APPEARANCES” by adding the highlighted language
as follows:
“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 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
www.justice.gov/eoir). 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
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OMB# 1125-0006
For EOIR-28

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 noncustody 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.”
2. Amend the section titled “PRIVACY ACT NOTICE” by adding the following
language to the end of the paragraph: “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.”

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