C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER A—GENERAL PROVISIONS › PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW › Subpart C—Immigration Court—Rules of Procedure

8 C.F.R. § 1003.16

Representation

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(a) The government may be represented in proceedings before an Immigration Judge.

(b) The alien may be represented in proceedings before an Immigration Judge by an attorney or other representative of his or her choice in accordance with 8 CFR part 1292, at no expense to the government.

[52 FR 2936, Jan. 29, 1987. Redesignated at 57 FR 11571, Apr. 6, 1992, as amended at 62 FR 10332, Mar. 6, 1997]
Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2004–2026 · leading case: Jacqueline Stevens v. U.S. Attorney Gen., 877 F.3d 1293 (11th Cir. 2017).
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Jacqueline Stevens v. U.S. Attorney Gen., 877 F.3d 1293 (11th Cir. 2017). · cites it 2× “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.”
Mooneer Riad Tawadrus v. John Ashcroft, Attorney Gen., 364 F.3d 1099 (9th Cir. 2004). “6, and in the Rules of Procedure for Immigration Courts, 8 C.F.R. § 1003.16 (formerly located at 8 C.”
Jona Kipkorir Biwot v. Alberto Gonzales, Attorney Gen., 403 F.3d 1094 (9th Cir. 2005). “” 8 C.F.R. § 1003.16 (b). The Supreme Court has long recognized that because deportation “visits a great hardship on the individual and deprives him of the right to stay and live and work in this land of freedom^] .”
C-b, 25 I. & N. Dec. 888 (BIA 2012). · cites it 2× “§§ 1229a(b)(4)(A), 1362 (2006); see also 8 C.F.R. §§ 1003.16 (b), 1240.3; 1240.11(c)(1)(iii) (2012).”
United States v. Rosendo Valdivias-Soto, 112 F.4th 713 (9th Cir. 2024). · cites it 2× “4th at 1303 ; see also 8 C.F.R. § 1003.16 (b). Several regulations implement this right.”
Taldybek Usubakunov v. Merrick Garland, 16 F.4th 1299 (9th Cir. 2021). “3d at 1098 ; see also 8 C.F.R. § 1003.16 (b); Gomez-Velazco v. Sessions, 879 F.”
A-m-z-f (BIA 2026). “§ 1229a(b)(4)(A) (2024); see also 8 C.F.R. § 1003.16 (b) (2026). Additionally, they “shall have a reasonable opportunity to” present evidence, examine the evidence against them, and cross-examine witnesses.”
Carranza v. United States Immigr. & Customs Enf't (D.N.M. 2021). · cites it 2× “§ 555 (b), and 8 C.F.R. §§ 1003.16 (b) and 1292.5(b). Defendants argue this claim is barred under Section 1252(b)(9) because it is tied to Plaintiffs’ removal proceedings.”
United States v. Martin Morelos-Navarro (9th Cir. 2018). ““Waivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.” Brady v. United States, 397 U.”
Kohn v. Barr (2d Cir. 2020). “§ 1229a(b)(4)(A); see also 8 C.F.R. § 1003.16 . To “meaningfully effectuate” this privilege, an IJ “must grant a reasonable and realistic period of time to provide a fair opportunity for a respondent to seek, speak with, and retain counsel.”
M-d-c-v (BIA 2020). “§§ 1229a(b)(4)(A), 1362 (2018); 8 C.F.R. §§ 1003.16 (b), 1240.3, 1240.11(c)(1)(iii) (2020).”
Nicolas Morales v. Attorney Gen. United States (3rd Cir. 2022). “§ 1229a(b)(4)(A); see also 8 C.F.R. §§ 1003.16 , 1240.3. We have treated these rights to counsel as satisfied in the same circumstances, see Ponce-Leiva, 331 F.”
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