2.5 - Law Students and Law Graduates

(a) Generally — Law students and law graduates (law school graduates who are not yet admitted to practice law) are practitioners who may appear before the immigration court if certain conditions are met and the appearance is approved by the immigration judge.  Recognition by the immigration court is not automatic and must be requested in writing.  See 8 C.F.R. § 1292.1(a)(2).

(b) Law Students — 

(1) Qualifications — A law student participating in a legal aid program or clinic conducted by a law school or non-profit organization may appear in EOIR proceedings under the direct supervision of an EOIR-registered attorney or accredited representative.  8 C.F.R. § 1292.1(a)(2)(ii). The law student must not receive direct or indirect remuneration from the noncitizen they represent.  8 C.F.R. § 1292.1(a)(2)(ii).

(2) Appearances — The supervising attorney or accredited representative and the law student must complete the proper form, Form EOIR-28 or Form EOIR-61, and otherwise comply with the instructions below to make an appearance before the immigration court.  If information is omitted from Form EOIR-28 or Form EOIR-61, they are not properly completed, or the instructions below are not followed, the supervising attorney or accredited representative’s and the law student's appearances may not be recognized, and any accompanying filing may be rejected. 

          (A) Form EOIR-28 appearance — A law student is not permitted to register with the Executive Office for Immigration Review and, therefore, cannot electronically file documents, including a Form EOIR-28.  See Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record).  Accordingly, the law student’s supervising attorney or accredited representative must notify the immigration court of both individuals’ appearances by filing two separate documents.  The law student’s supervising attorney or accredited representative must complete and submit a Form EOIR-28 as the practitioner of record in the proceeding.  Together with that Form EOIR-28, the law student’s supervising attorney or accredited representative must inform the immigration court of the law student’s appearance by filing a “Notice of Representation by a Law Student” and a statement from the law student. The notice must include a copy of a Form EOIR-28 completed by the law student that indicates the law student’s appearance is “[o]n behalf of [Attorney or Accredited Representative’s Name] for the following hearing: [Date].”  The statement from the law student must indicate that the student is appearing at the request of the noncitizen, that the student is participating in a legal aid program or clinic conducted by a law school or non-profit organization under the direct supervision of an EOIR-registered attorney or accredited representative, and that the student is appearing without direct or indirect remuneration from the noncitizen they represent.  8 C.F.R. § 1292.1(a)(2)(ii).    

If the appearance is permitted by the immigration judge, the law student will not appear as the official practitioner of record for the proceeding.  Instead, the law student’s supervising attorney or accredited representative is the practitioner of record for the case and the person who submits all filings on behalf of the respondent whom the law student is helping to represent.  8 C.F.R. § 1292.1(a)(2)(v).  The law student’s supervisor is required to accompany the law student at any hearing and be prepared to proceed with the case at all times.  8 C.F.R. § 1292.1(a)(2)(iv).  The immigration judge may permit the law student and supervising attorney or accredited representative to appear from separate physical locations. 

          (B) Form EOIR-61 limited appearance for document assistance — If the law student’s supervising attorney or accredited representative and the law student have not filed Form EOIR-28s as discussed above, and the law student provides assistance to pro se respondents with the drafting, completion, or filling in of blank spaces of a specific motion, brief, form, or other document or set of documents intended to be filed with the immigration court, the supervising attorney or accredited representative and the law student must disclose such assistance by each completing a Form EOIR-61, which must be filed along with the assisted document or set of documents.  See 8 C.F.R. 1003.17(b); Chapter 2.2(c) (Limited Appearance for Document Assistance).  Additionally, as above, the law student’s Form EOIR-61 must be accompanied by a statement from the law student indicating that the student is appearing at the request of the noncitizen, that the student is participating in a legal aid program or clinic conducted by a law school or non-profit organization under the direct supervision of an EOIR-registered licensed attorney or accredited representative, and that the student is appearing without direct or indirect remuneration from the noncitizen.   

          (c) Law Graduates — 

(1) Qualifications —  A law graduate may appear in EOIR proceedings under the supervision of an EOIR-registered attorney or accredited representative.  The law graduate must not receive direct or indirect remuneration from the noncitizen they represent.  8 C.F.R. § 1292.1(a)(2)(iii).

(2) Appearances — The supervising attorney or accredited representative and the law graduate must complete the proper form, Form EOIR-28 or Form EOIR-61, and otherwise comply with the instructions below to make an appearance before the immigration court.  If information is omitted from Form EOIR-28 or Form EOIR-61, they are not properly completed, or the instructions below are not followed, the supervising attorney’s or accredited representative’s and the law graduate's appearances may not be recognized, and any accompanying filing may be rejected. 

          (A) Form EOIR-28 appearance — A law graduate is not permitted to register with the Executive Office for Immigration Review and, therefore, cannot electronically file documents, including a Form EOIR-28.  See Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record).  Accordingly, the law student’s supervising attorney or accredited representative must notify the immigration court of both individuals’ appearances by filing two separate documents.  The law graduate’s supervising attorney or accredited representative must complete and submit a Form EOIR-28 as the practitioner of record in the proceeding.  Together with that Form EOIR-28, the law graduate’s supervising attorney or accredited representative must inform the immigration court of the law graduate’s appearance by filing a “Notice of Representation by a Law Graduate” and a statement from the law graduate. The notice must include a copy of a Form EOIR-28 completed by the law graduate that indicates the law student’s appearance is “[o]n behalf of [Attorney or Accredited Representative’s Name] for the following hearing: [Date].”  The statement from the law graduate must indicate that the graduate is appearing at the request of the noncitizen, that the graduate is under the supervision of an EOIR-registered attorney or accredited representative, and that the graduate is appearing without direct or indirect remuneration from the noncitizen they represent.  8 C.F.R. § 1292.1(a)(2)(iii).  

The law graduate will not appear as the official practitioner of record for the proceeding.  Instead, the law graduate’s supervising attorney or accredited representative is the practitioner of record for the case and the person who submits all filings on behalf of the respondent whom the law graduate is helping to represent.  8 C.F.R. § 1292.1(a)(2)(v).  The law graduate’s supervisor is required to accompany the law graduate at any hearing and be prepared to proceed with the case at all times.  8 C.F.R. § 1292.1(a)(2)(v).  The immigration judge may permit the law graduate and supervising attorney or accredited representative to appear from separate physical locations.    

(B) Form EOIR-61 limited appearance for document assistance — If the law graduate’s supervising attorney or accredited representative and the law graduate have not filed Form EOIR-28s as discussed above, and the law graduate provides assistance to pro se respondents with the drafting, completion, or filling in of blank spaces of a specific motion, brief, form, or other document or set of documents intended to be filed with the immigration court, the supervising attorney or accredited representative and the law graduate must disclose such assistance by completing Form EOIR-61s, which must be filed along with the assisted document or set of documents.  See 8 C.F.R. 1003.17(b); Chapter 2.1 (Limited Appearance for Document Assistance).  Additionally, as above, the law graduate’s Form EOIR-61 must be accompanied by a statement from the law graduate indicating that the graduate is appearing at the request of the noncitizen, that the graduate is under the supervision of an EOIR-registered licensed attorney or accredited representative, and that the graduate is appearing without direct or indirect remuneration from the noncitizen.   

(d) Practitioner Misconduct — Law students and law graduates must comply with standards of professional conduct.  See 8 C.F.R. § 1003.101 et seq.