5.1 - Who May File

(a) Parties — Only a respondent who is the subject of an underlying appeal before the Board, the respondent’s practitioner of record, or DHS may file a motion.  See Chapter 2.1(b)(7) (Filings After Entry of Appearance as Practitioner of Record).  An unrepresented or pro se party may receive assistance from a practitioner with the drafting, completion, or filling in of blank spaces of a specific motion intended to be filed with the Board pursuant to a limited appearance for document assistance.  See Chapter 2.1(c) (Limited Appearance for Document Assistance); 3.3(b) (Signatures).

A motion must identify all parties covered by the motion and state clearly their full names and A‑numbers, including all family members.  See Appendix E (Cover Pages).  The Board will not assume that a motion includes all family members (or group members in a consolidated proceeding).  See Chapter 4.10 (Combining and Separating Appeals).

(b) Practitioners — Motions may be filed either by a party, if unrepresented (“pro se”), or by a party’s practitioner of record.  See Chapter 2 (Appearances before the Board).  Whenever a party is represented, the party should submit all motions to the Board through the practitioner of record.  See Chapter 2.1(b)(7) (Filings After Entry of Appearance as Practitioner of Record). 

          (1) Motions to reopen and motions to reconsider — A practitioner must file a Notice of Appearance (Form EOIR-27) with motions to reopen and motions to reconsider to be the practitioner of record on the motion, even if the practitioner is already the practitioner of record in proceedings before the Board.  See Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record).

          (2) All other motions — On any motion that is not a motion to reopen or a motion to reconsider, if a practitioner is already the practitioner of record, the motion need not be accompanied by a Notice of Appearance (Form EOIR-27).  However, if a practitioner is appearing for the first time and seeks to be the practitioner of record on the motion, the practitioner must file a Form EOIR‑27 along with that motion.  See Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record).

          (3) Practitioner document assistance to unrepresented respondent with motions — An unrepresented or pro se party may receive assistance from a practitioner with the drafting, completion, or filling in of blank spaces of a specific motion intended to be filed with the Board pursuant to a limited appearance for document assistance.  When filed, the motion must be accompanied by a Notice of Limited Appearance (Form EOIR-60).  See Chapter 2.1(c) (Limited Appearance for Document Assistance). 

(c) Persons not Party to the Proceeding — Only a party to a proceeding, or a party’s practitioner of record, may file a motion pertaining to that proceeding.  An unrepresented or pro se party may receive assistance from a practitioner with the drafting, completion, or filling in of blank spaces of a specific motion intended to be filed with the Board pursuant to a limited appearance for document assistance.  See Chapter 2.1(c) (Limited Appearance for Document Assistance); 3.3(b) (Signatures).  Family members, employers, and other third parties may not file a motion.  If a third party seeks Board action in a particular case, the request should be made through one of the parties. Third parties who wish to appear as amicus curiae should consult Chapter 2.10 (Amicus Curiae).