Skip to main content

EOIR proposes reg change to allow form preparation

  1. Original Date Announced

    September 30, 2020

    EOIR issues a proposed rule that would allow practitioners to assist pro se individuals with drafting, writing, or filing applications, motions, forms, petitions, briefs, and other documents with EOIR, as long as the nature of the assistance is disclosed on an Notice of Entry of Appearance as Attorney or Representative form (EOIR-27 or EOIR-28, as amended when new regulations are promulgated). The appearance form will have to be accompanied by an attestation that the practitioner explained the limited scope of assistance to the pro se individual and believes she or he understood.

    The rule would also amend the regulatory definitions of ‘‘practice’’ and ‘‘preparation’’ to distinguish between acts that involve the provision of legal advice or exercise of legal judgment (practice) and acts that consist of purely non-legal assistance (preparation). As currently envisioned, "preparation" will be construed as completing forms or applications without providing any advice (e.g., serving purely as a transcriber or translator). The rule admonishes that ghostwriting — i.e., undisclosed legal drafting or application assistance — will be deemed unethical and subject to discipline by EOIR.

    The proposed rule expressly declines to consider limited appearances outside the existing provisions for custody and bond proceedings.

    (In the preceding ANPRM, EOIR invited public comments on whether it should amend the regulations on representation to permit limited appearances and limited assistance, posing several questions about types of representation that are currently impermissible, including 'single hearing' representation and 'forms only' representation.)

    [ID #1054]

    EOIR Proposed Rule: Professional Conduct for Practitioners-Rules and Procedures, and Representation and Appearances

Current Status

Not in effect

Original Trump Policy Status

Status: Proposed
Trump Administration Actions: Forms and Information Collection Rule
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.