8 C.F.R. § 1292.4

Appearances

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(a) An appearance shall be filed on the appropriate form by the attorney or representative appearing in each case. During Immigration Judge or Board proceedings, withdrawal and/or substitution of counsel is permitted only in accordance with §§ 1003.16 and 1003.36 respectively. During proceedings before the Service, substitution may be permitted upon the written withdrawal of the attorney or representative of record, or upon notification of the new attorney or representative. When an appearance is made by a person acting in a representative capacity, his or her personal appearance or signature shall constitute a representation that under the provisions of this chapter he or she is authorized and qualified to represent. Further proof of authority to act in a representative capacity may be required. A notice of appearance entered in application or petition proceedings must be signed by the applicant or petitioner to authorize representation in order for the appearance to be recognized by the Service.

(b) Availability of records. During the time a case is pending, and except as otherwise provided in § 103.2(b) of 8 CFR chapter I, a party to a proceeding or his attorney or representative shall be permitted to examine the record of proceeding in a Service office. He may, in conformity with § 103.10 of 8 CFR chapter I, obtain copies of Service records or information therefrom and copies of documents or transcripts of evidence furnished by him. Upon request, he may in addition, be loaned a copy of the testimony and exhibits contained in the record of proceeding upon giving his receipt for such copies and pledging that it will be surrendered upon final disposition of the case or upon demand. If extra copies of exhibits do not exist, they shall not be furnished free on loan; however, they shall be made available for copying or purchase of copies as provided in § 103.10 of 8 CFR chapter I.

[23 FR 2673, Apr. 23, 1958, as amended at 32 FR 9633, July 4, 1967; 52 FR 2941, Jan. 29, 1987; 59 FR 1466, Jan. 11, 1994]

Notes of Decisions

Cited in 5 cases, 2004–2020 · leading case: Mooneer Riad Tawadrus v. John Ashcroft, Attorney Gen., 364 F.3d 1099 (9th Cir. 2004).

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Mooneer Riad Tawadrus v. John Ashcroft, Attorney Gen., 364 F.3d 1099 (9th Cir. 2004). “4 (a) (now located at 8 C.F.R. § 1292.4 (a)). 3 . It is impossible to know whether Tawadrus commented on his lawyer's indication that he would not be able to represent Tawadrus that afternoon when the parties were off the rec- .”

Abudufatah Abdulla v. Kenneth Cuccinelli (6th Cir. 2020). “8 C.F.R. § 1292.4 (a). After notifying Abdulla’s attorney and providing a chance to cure the missing forms, Abdulla’s attorney submitted the Form EOIR 27s (for only two out of five petitions), but the BIA noted several remaining deficiencies, including missing pages, in those…”

Reyes-Francisco v. Holder, 419 F. App'x 132 (2d Cir. 2011). “”); see also 8 C.F.R. § 1292.4 (a) (“An appearance shall be filed on the appropriate form by the attorney or representative appearing in each case”); cf.”

Marco Wong v. Eric H. Holder Jr., 440 F. App'x 527 (9th Cir. 2011). “2000) (petitioner must show error and prejudice to establish a due process violation); 8 C.F.R. § 1292.4 (a). We decline to reach Wong’s contention that the IJ failed to allow him to renew his application because he did not raise this argument before the BIA.”

Qing Hai Lin v. Bureau of Citizenship & Immigr. Servs., 197 F. App'x 31 (2d Cir. 2006). “8 C.F.R. § 1292.4 mandates that a Notice of *33 Appearance be filed by the representative or attorney appearing in each case.”

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