2.2 - Unrepresented Respondents ("Pro se" Appearances)

(a) Generally — An individual in proceedings may represent themselves before the Board.

Individuals may choose to be represented by a practitioner of record for their proceedings before the Board or to receive document assistance from a practitioner.  See Chapter 2.1 (Representation and Appearances Generally).  Due to the complexity of the immigration and nationality laws, the Board recommends that those who can obtain professional representation from a practitioner of record or document assistance from a practitioner do so.  Note that document assistance before the Board from a practitioner is limited to cases that originate in the immigration court.  The Board does not accept limited appearances for document assistance in cases arising from a DHS decision.  See Chapter 2.1(c)(3) (Limited Appearances for Document Assistance Only Permitted in Cases that Originated in the Immigration Court).

(b) Pro Bono Program — The Board cannot give advice on when to obtain professional representation or assistance from a practitioner or whom to select.  However, EOIR provides general information for persons seeking free legal services on its website.  The EOIR website, through the Office of Legal Access Programs, includes information on the BIA Pro Bono Project, which matches practitioner brief writers with indigent respondents who have cases on appeal.

(c) Address Obligations — Whether represented or not, all respondents in proceedings before the Board must notify the Board within 5 business days of any change of address.  See 8 C.F.R. § 1003.38(e).  In all instances, the Board sends communications to the last properly provided address.  If a respondent fails to keep address information up to date, the Board may treat that failure as abandonment of the respondent’s appeal or motion.

          (1) Form EOIR‑33/BIA — Changes of address must be made only on  Form EOIR‑33/BIA.  Unless the respondent is detained, no other means of notification is acceptable.  Changes communicated through motion papers, correspondence, telephone calls, applications for relief, or other means will not be recognized, and the address information on record will not be changed.  For information on obtaining or reproducing Form EOIR‑33/BIA, see Chapter 12 (Forms) and Appendix D (Forms).

When submitted by an attorney or accredited representative, acting as a practitioner of record, the EOIR-33/BIA must be submitted electronically through ECAS for all cases eligible for electronic filing and in paper in all other cases. When submitted by a pro se respondent or a practitioner of record other than an attorney or accredited representative, the Form EOIR-33/BIA may be filed either in paper or electronically through the Respondent Access portal.

          (2) Appeals — When an appeal is filed, the Board relies on the address for the respondent that appears in the Notice of Appeal (Form EOIR‑26) until such time as a change of address is reported through the filing of a Change of Address Form (Form EOIR‑33/BIA).

          (3) Motions — The Board recommends that a respondent file a Change of Address Form (Form EOIR‑33/BIA) whenever filing a motion to reopen, a motion to reconsider, or a motion to recalendar.  This will ensure that the Board has the respondent’s current address when it adjudicates the motion.

          (4) Federal court remands — When the Board is notified of a federal court remand, the Board relies on the address for the respondent that was last provided to the Board.  To ensure that the Board has the most current address, respondents are encouraged to file a Change of Address Form (Form EOIR‑33/BIA) with the Board whenever a federal court remands their case to the Board.

(d) Address Obligations of Detained Respondents — When a respondent is detained, DHS is obligated by regulation to report to the Board any changes in the respondent’s location, including where the respondent is detained and when the respondent is released.  See 8 C.F.R. § 1003.19(g).

          (1) While detained — In recognition of the unique address problems of detained persons and to help ensure that the Board’s records remain current, the Board recommends that detained persons notify the Board of their transfer from one facility or institution to another.  Whenever possible, a detained respondent should report their transfer on the Change of Address Form (Form EOIR‑33/BIA).  See subsection (c), above.

          (2) When released — DHS is responsible for notifying the Board when a respondent is released from custody.  8 C.F.R. § 1003.19(g).  Nonetheless, the respondent should file a Change of Address Form (Form EOIR‑33/BIA) with the Board to ensure that the Board’s records are current.