8 C.F.R. § 1003.61

General provisions

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(a) Definitions—(1) Director. Director means the Director of the Executive Office for Immigration Review (EOIR), pursuant to 8 CFR 1001.1(o), and shall also include any office or official within EOIR to whom the Director delegates authority with respect to subpart E of this part.

(2) Pro bono legal services. Pro bono legal services are those uncompensated legal services performed for indigent individuals or the public good without any expectation of either direct or indirect remuneration, including referral fees (other than filing fees or photocopying and mailing expenses), although a representative may be regularly compensated by the firm, organization, or pro bono referral service with which he or she is associated.

(3) Organization. A non-profit religious, charitable, social service, or similar group established in the United States.

(4) Pro bono referral service. A referral service, offered by a non-profit group, association, or similar organization established in the United States that assists persons in locating pro bono representation by making case referrals to attorneys or organizations that are available to provide pro bono representation.

(5) Provider. Any organization, pro bono referral service, or attorney whose name is included on the List of Pro Bono Legal Service Providers.

(b) Authority. The Director shall maintain a list, known as the List of Pro Bono Legal Service Providers (List), of organizations, pro bono referral services, and attorneys qualified under this subpart to provide pro bono legal services in immigration proceedings. The List, which shall be updated not less than quarterly, shall be provided to individuals in removal and other proceedings before an immigration court.

(c) Qualification. An organization, pro bono referral service, or attorney qualifies to be included on the List if the eligibility requirements under § 1003.62 and the application procedures under § 1003.63 are met.

(d) Organizations. Approval of an organization's application to be included on the List under this subpart is not equivalent to recognition under part 1292 of this chapter. Recognition under part 1292 of this chapter does not constitute a successful application for purposes of the List.

[80 FR 59510, Oct. 1, 2015]

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2020–2025 · leading case: Hernandez Lara v. Barr, 962 F.3d 45 (1st Cir. 2020).

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Hernandez Lara v. Barr, 962 F.3d 45 (1st Cir. 2020). “See 8 C.F.R. §§ 1003.61 (b), 1240.10(a)(2). The list is maintained by the Executive Office for Immigration Review.”

United States v. Rosendo Valdivias-Soto, 112 F.4th 713 (9th Cir. 2024). “§ 1229 (b)(2); 8 C.F.R. §§ 1003.61 (b), 1240.10(a)(2). As a result of the erroneous translation, Valdivias did not enter a knowing and voluntary waiver.”

Kohn v. Barr (2d Cir. 2020). · cites it 2× “8 C.F.R. § 1003.61 (b) Finally, Kohn argues that the IJ failed to comply with 8 C.”

Raul Pablo v. William Barr (9th Cir. 2020). “10 (a)(2); 8 C.F.R. § 1003.61 (b) (The “List of Pro Bono Legal Service Providers .”

Immigrant Defenders Law Ctr. v. Noem (9th Cir. 2025). “8 C.F.R. § 1003.61 (b). But that is as far as the right goes, at least with respect to aliens returned to Mexico under MPP.”

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