11.3 - Jurisdiction

(a) Practitioners

The Board is authorized to discipline any practitioner if the Board finds it to be in the public interest to do so.  8 C.F.R. §§ 1003.101(a), 292.3(a). Pursuant to regulations, it is in the public interest to discipline any practitioner who has engaged in criminal, unethical, or unprofessional conduct or in frivolous behavior.  8 C.F.R. §§ 1003.101(a), 1003.102, 292.3(b).

(b) Recognized Organizations

The Board is authorized to discipline a recognized organization if the Board finds it to be in the public interest to do so.  8 C.F.R. §§ 1003.110, 1003.111. It is in the public interest to discipline a recognized organization that violates one or more of the grounds specified in 8 C.F.R. §§ 1003.110(b), 1292.3.

(c) DHS Attorneys

The Board’s disciplinary authority does not extend to attorneys who represent DHS. The conduct of DHS attorneys is governed by DHS rules and regulations. Concerns or complaints about the conduct of DHS attorneys should be raised with DHS.

(d) Immigration Judges

The Board’s disciplinary authority does not extend to immigration judges.  When a party has an immediate concern regarding an immigration judge’s conduct that is not appropriate for a motion or appeal, the concern may be raised with the Assistant Chief Immigration Judge (ACIJ) responsible for the court or the ACIJ for Conduct and Professionalism.  Contact information for ACIJs is available on EOIR’s website.

In the alternative, parties may raise concerns regarding an immigration judge’s conduct directly with the Office of the Director by following the procedures outlined on the EOIR website.

(e) Immigration Specialists/Consultants 

The Board does not have authority to discipline individuals such as “immigration specialists,” “visa consultants,” “notarios,” and other individuals who engage in the unauthorized practice of law. However, the Board has the authority to discipline practitioners who assist in the unauthorized practice of law. 8 C.F.R. § 1003.102(m). The Board encourages anyone harmed by the unauthorized practice of law to report it to the appropriate law enforcement, consumer protection, and other authorities. In addition, persons harmed by such conduct are encouraged to contact the Executive Office for Immigration Review Fraud Program. See Chapter 1.2(f)(2) (Office of the General Counsel),  Appendix A (Directory).