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. § 1003.17

Entry of appearance

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(a) Entering an appearance using Form EOIR-28. A practitioner must enter an appearance in proceedings before an immigration court using Form EOIR-28 to perform the functions of and become the practitioner of record. The practitioner of record is authorized and required to appear in immigration court on behalf of the respondent, file all documents on behalf of the respondent, and accept service of process of all documents filed in the proceedings. The practitioner may enter an appearance to be the practitioner of record for all proceedings before the immigration court, or for custody and bond proceedings only, or for all proceedings other than custody and bond proceedings. A practitioner's entry of appearance in only a custody or bond proceeding shall be separate and apart from an entry of appearance in any proceeding other than custody or bond before the immigration court. The Form EOIR-28 must indicate whether the practitioner's entry of appearance is for all proceedings, for custody and bond proceedings only, or for all proceedings other than custody and bond proceedings.

(1) Filing Form EOIR-28. The practitioner must file a copy of the Form EOIR-28 with the immigration court and serve a copy on DHS as required by 8 CFR 1003.32. The practitioner must file and serve a Form EOIR-28 even if the practitioner has previously filed a separate Notice of Entry of Appearance with DHS for appearances before DHS or previously entered a limited appearance using Form EOIR-61 in connection with document assistance under paragraph (b) of this section.

(2) Effect of Filing Form EOIR-28. A practitioner who enters an appearance using Form EOIR-28 is the practitioner of record and must appear in immigration court on behalf of the respondent, file all documents on behalf of the respondent, and accept service of process of all documents filed in the proceedings, consistent with 8 CFR 1292.5. Filing a Form EOIR-28 provides the practitioner with access to the record of proceedings during the course of proceedings. A respondent shall be considered represented for the proceedings in which an EOIR-28 has been filed.

(3) Withdrawal or substitution. A practitioner who enters an appearance on behalf of a respondent before the immigration court by filing a Form EOIR-28 remains the practitioner of record unless an immigration judge permits withdrawal or substitution during proceedings upon oral or written motion submitted without fee.

(b) Entering a limited appearance for document assistance using Form EOIR-61. A practitioner who provides assistance to a pro se respondent 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, regardless of whether such assistance is considered “practice” or “preparation” as defined in 8 CFR 1001.1, must disclose such limited assistance to the immigration court using Form EOIR-61, unless pursuant to paragraph (a) the practitioner has filed a Form EOIR-28 to become the practitioner of record.

(1) Filing Form EOIR-61. A Form EOIR-61 must not be filed as a standalone document. The single Form EOIR-61 must be filed with the immigration court at the same time as the document or set of documents with which the practitioner assisted. Any subsequent filing of a document or set of documents with which a practitioner assisted must be accompanied by a new Form EOIR-61.

(2) Effect of Filing Form EOIR-61. A practitioner who enters a limited appearance using Form EOIR-61 is not the practitioner of record, is not required to appear on behalf of respondent before the immigration court, and is not required to submit a motion to withdraw or substitute. The submission of a Form EOIR-61 does not create additional ongoing obligations between the practitioner, the respondent, and EOIR. An appearance through Form EOIR-61 does not provide the practitioner with access to the record of proceedings. A respondent who received assistance pursuant to this paragraph is not represented, remains pro se, and is subject to service of process of all documents filed in the proceedings, consistent with 8 CFR 1292.5.

(c) Completing an appearance form, proof of qualification, disclosure requirements, and identification. The practitioner must properly complete and sign any Form EOIR-28 or Form EOIR-61, as required by the form instructions. A practitioner's personal appearance or signature on the Form EOIR-28 or Form EOIR-61 constitutes an attestation that the person is authorized and qualified to appear as a practitioner in accordance with § 1292.1. Further proof that the practitioner meets the qualifications of a practitioner as defined in § 1292.1 may be required. The completion of a Form EOIR-28 or Form EOIR-61 in connection with an application or form that requires disclosure of the preparer does not relieve a practitioner from complying with the particular disclosure requirements of the application or form. Notwithstanding the completion of a Form EOIR-28 or Form EOIR-61, the practitioner must identify themselves by name, accompanied by their signature, on any document filed or intended to be filed with the immigration court pursuant to an appearance under paragraph (a) or (b).

[87 FR 56258, Sept. 14, 2022]
Notes of Decisions
Cited in 21 cases (3 in the last 5 years), 2004–2026 · leading case: Morales Apolinar v. Mukasey, 514 F.3d 893 (9th Cir. 2008).
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Morales Apolinar v. Mukasey, 514 F.3d 893 (9th Cir. 2008). · cites it 2× “8 C.F.R. § 1003.17 (b). 4 . During the disciplinary hearings, the State Bar Court determined that Valinoti handled more than 2,720 immigration cases during a two-year period in a manner that was “reckless and involved gross carelessness,” id.”
Mooneer Riad Tawadrus v. John Ashcroft, Attorney Gen., 364 F.3d 1099 (9th Cir. 2004). “17 (b) (now located at 8 C.F.R. § 1003.17 (b)); 8 C.F.R. § 292.4 (a) (now located at 8 C.”
Yuzi Cui v. Merrick Garland, 13 F.4th 991 (9th Cir. 2021). “8 C.F.R. § 1003.17 (b). That reason given by the clerk’s office for rejecting the motion is supported by the immigration court’s procedural rules.”
Mohammed Shawkat Haider v. Alberto Gonzales, Attorney Gen. of the United States of Am., 1, 438 F.3d 902 (8th Cir. 2006). “2 (stating that an attorney who filed an appearance on behalf of an alien with the INS is not considered the alien’s attorney of record with the Immigration Court until the attorney files an appearance with that court); 8 C.F.R. § 1003.17 (a) (requiring an attorney representing…”
Juarez v. Holder, 599 F.3d 560 (7th Cir. 2010). “Petty is a member of the Arkansas bar; we direct the clerk to send a copy of this opinion to the Arkansas Committee on Professional Conduct.”
Walid Aly Abola Ghounem v. John Ashcroft, 378 F.3d 740 (8th Cir. 2004). “McNary had filed an appearance with the Immigration Service, he was not yet Ghounem’s counsel of record with the Immigration Judge because he had not filed an appearance with the Immigration Court as required by 8 C.F.R. 1003.17(a) ("In any proceeding before an Immigration Judge…”
Gazmend Gjeci v. Alberto Gonzales, 451 F.3d 416 (7th Cir. 2006). “8 C.F.R. § 1003.17 (b) (2006). Grounds for motions to withdraw include (among other things) a difference of opinion over the direction of the case, an alien’s failure to cooperate with the attorney in preparing the case and an alien’s failure to keep the attorney apprised of his…”
Ibarra-Reina v. Lynch, 651 F. App'x 427 (6th Cir. 2016). “8 C.F.R. § 1003.17 (b). In so doing, judges “generally have wide discretion to grant or deny motions to withdraw.”
People v. Gilbert, 348 P.3d 970 (Colo. 2013). “"); 8 CFR. § 1003.17(b) (providing that a lawyer may not withdraw from an immigration court case until a judge grants the lawyer's motion to withdraw); U.”
Molales v. Apolinar v. Mukasey (9th Cir. 2008). · cites it 2× “Just twelve days after Morales’s hearing before the IJ, Valinoti was suspended from the practice of law in the state 3 Under 8 C.F.R. § 1003.17 (a), an attorney must execute, file, and serve a Notice of Entry of Appearance on Form EOIR-28 before representing a client in any…”
Virginio Garcia-Hernandez v. Merrick Garland (9th Cir. 2022). “2008) (“Under 8 C.F.R. § 1003.17 (a), an attorney must execute, file, and serve a Notice of Entry of Appearance on Form EOIR-28 before representing a client in any proceeding before an IJ.”
Agapito Morales v. Blanche (9th Cir. 2026). “See 8 C.F.R. § 1003.17 (b)(2) (noting that a practitioner’s entry of a limited appearance in immigration court to assist a pro se petitioner with 3 24-7200 completing documents “does not create additional ongoing obligations between the practitioner, the respondent, and EOIR”).”
Show all 21 citing cases →
— 8 C.F.R. § 1003.17(a) — 2 cases
Walid Aly Abola Ghounem v. John Ashcroft, 378 F.3d 740 (8th Cir. 2004). “McNary had filed an appearance with the Immigration Service, he was not yet Ghounem’s counsel of record with the Immigration Judge because he had not filed an appearance with the Immigration Court as required by 8 C.F.R. 1003.17(a) ("In any proceeding before an Immigration Judge…”
Walid A. A. Ghounem v. John Ashcroft (8th Cir. 2004).
— 8 C.F.R. § 1003.17(b) — 1 case
People v. Gilbert, 348 P.3d 970 (Colo. 2013). “"); 8 CFR. § 1003.17(b) (providing that a lawyer may not withdraw from an immigration court case until a judge grants the lawyer's motion to withdraw); U.”
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