8 CFR 1003.16 - Representation

Cite as8 CFR 1003.16
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21 practice notes
  • Motions To Reopen Removal, Deportation, or Exclusion Proceedings Based Upon a Claim of Ineffective Assistance of Counsel
    • United States
    • Federal Register July 28, 2016
    • July 28, 2016
    ...that individuals in proceedings be advised of the availability of pro bono legal services and receive a list of such services. See 8 CFR 1003.16, 1003.61, However, this proposed rule would recognize that, sometimes, a person who is not an attorney or accredited representative may lead an in......
  • Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...by an attorney or other representative authorized to appear before the immigration court, at no cost to the Government, see 8 CFR 1003.16(b); (2) to seek a change of venue, see id. Sec. 1003.20(b); and (3) to seek a continuance for good cause shown, see id. Sec. 1003.29. Moreover, the provi......
  • Executive Office for Immigration Review; Fee Review
    • United States
    • Executive Office For Immigration Review
    • Invalid date
    ...the signature requirement and income documentation. See 8 CFR 1003.8(a)(3), 1003.24(d), 1103.7(c); see generally 8 CFR part 1292; 8 CFR 1003.16(b). 5. Concerns With Fee Increases for Filing Appeals With the Comment: Commenters' primary concerns regarding the proposed fee ($975) for appeals ......
  • In re M-D-C-V, Interim Decision #3989
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • July 14, 2020
    ...of their choice, at no expense to the Government. See sections 240(b)(4)(A), 292 of the Act, 8 U.S.C. §§ 1229a(b)(4)(A), 1362 (2018); 8 C.F.R. §§ 1003.16(b), 1240.3, 1240.11(c)(1)(iii) (2020). While many aliens may, as a general matter, face practical impediments to obtaining counsel, inclu......
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16 cases
  • In re M-D-C-V, Interim Decision #3989
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • July 14, 2020
    ...of their choice, at no expense to the Government. See sections 240(b)(4)(A), 292 of the Act, 8 U.S.C. §§ 1229a(b)(4)(A), 1362 (2018); 8 C.F.R. §§ 1003.16(b), 1240.3, 1240.11(c)(1)(iii) (2020). While many aliens may, as a general matter, face practical impediments to obtaining counsel, inclu......
  • Stevens v. U.S. Attorney Gen., No. 16-12007
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • December 15, 2017
    ...and by precedent established by the federal appellate courts. Parties to an immigration hearing may be represented by counsel, 8 C.F.R. § 1003.16, may present documentary evidence and witness testimony, 8 C.F.R. §§ 1003.31, 1003.34, 1003.35, and are entitled to written notice of the Immigra......
  • Matter of Compean, Interim Decision No. 3632.
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • January 7, 2009
    ...merely permit an alien to hire "such counsel" as "he shall choose," section 292 of the Act; accord section 240(b)(4)(A) of the Act; 8 C.F.R. § 1003.16(b) (2008); they give an alien "no right to complain," much less reopen his proceedings, "if the lawyer he hires is ineffective." Stroe, 256 ......
  • Carranza v. U.S. Immigration, No. 2:20-CV-424 KG/KRS
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • May 7, 2021
    ...of counsel contrary to the Fifth Amendment Due Process Clause, 8 U.S.C. §§ 1362 and 1229a(b)(4)(A), 5 U.S.C. § 555(b), and 8 C.F.R. §§ 1003.16(b) and 1292.5(b);2. Violation of their right to full and fair hearings contrary to the Fifth Amendment Due Process Clause and 8 U.S.C. §§ 1229a(b)(4......
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2 books & journal articles

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