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Immigration Law

Advance Copy: EOIR Final Rule, Limited Appearances

This document is scheduled to be published in the Federal Register on 09/14/2022

"On March 27, 2019, the Department of Justice (the Department) published in the Federal Register an Advanced Notice of Proposed Rulemaking (ANPRM) to solicit public comments regarding whether the Department should allow practitioners who appear before the Executive Office for Immigration Review (EOIR) to engage in limited representation or representation of a noncitizen during only a portion of the case, beyond what the regulations permitted. On September 30, 2020, after reviewing the comments to the ANPRM, the Department published in the Federal Register a Notice of Proposed Rulemaking (NPRM). The NPRM proposed to amend the regulations to allow practitioners the option of entering a limited appearance to assist pro se individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before EOIR, as opposed to requiring the practitioner to enter an appearance to become the “practitioner of record” and thereby to accept certain obligations and responsibilities. This final rule responds to comments received in response to the NPRM and adopts the proposed rule with changes as described below. Specifically, this final rule permits practitioners to provide document assistance to pro se individuals by entering a limited appearance through new Forms EOIR-60 or EOIR-61, without requiring the practitioner This document is scheduled to be published in the Federal Register on 09/14/2022 and available online at federalregister.gov/d/2022-19882, and on govinfo.gov to become the practitioner of record or to submit a motion to withdraw or substitute after completing the document assistance. DATES: This rule is effective [INSERT 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]."