(a) Representative capacity. Whenever a person is required by any of the provisions of this chapter to give or be given notice; to serve or be served with any paper other than a warrant of arrest or a subpoena; to make a motion; to file or submit an application or other document; or to perform or waive the performance of any act, such notice, service, motion, filing, submission, performance, or waiver shall be given by or to, served by or upon, made by, or requested of the attorney or representative of record, or the person himself if unrepresented.
(b) Right to representation. Whenever an examination is provided for in this chapter, the person involved shall have the right to be represented by an attorney or representative who shall be permitted to examine or cross-examine such person and witnesses, to introduce evidence, to make objections which shall be stated succinctly and entered on the record, and to submit briefs. Provided, that nothing in this paragraph shall be construed to provide any applicant for admission in either primary or secondary inspection the right to representation, unless the applicant for admission has become the focus of a criminal investigation and has been taken into custody.
[37 FR 11471, June 8, 1972 and 45 FR 81733, Dec. 12, 1980; 46 FR 2025, Jan. 8, 1981; 58 FR 49911, Sept. 24, 1993]
Notes of Decisions
Cited in
34
cases (
7 in the last 5 years), 2005–2026 · leading case:
Hamazaspyan v. Holder, 590 F.3d 744 (9th Cir. 2009).
Hamazaspyan v. Holder, 590 F.3d 744 (9th Cir. 2009).
· cites it 3× “Furthermore, 8 C.F.R. § 1292.5 , governing notice by the immigration court, states: Whenever a person is required by any of the provisions of this chapter to give or be given notice; to serve or be served with any paper other than a warrant of arrest or a subpoena; to make a…”
Vaz dos Reis v. Holder, 606 F.3d 1 (1st Cir. 2010).
· cites it 3× “See 8 C.F.R. § 1292.5 (a). The IJ scheduled a hearing in the petitioner’s case for July 6, 2000.”
Enwonwu v. Chertoff, 376 F. Supp. 2d 42 (D. Mass. 2005).
· cites it 3× “3 (a) directs that notice be served on an opposing party but notes, however, that under 8 C.F.R. § 1292.5 (a), when an individual has legal representation, service is directed to counsel, not directly to the represented party.”
M-r-a, 24 I. & N. Dec. 665 (BIA 2008).
“255 (BIA 1985) (holding that notice to an alien’s counsel constitutes notice to the alien); 8 C.F.R. § 1292.5 (a) (2008). 675 Cite as 24 I&N Dec.”
Ping Chen v. U.S. Attorney Gen., 502 F.3d 73 (2d Cir. 2007).
“1 (f); see 8 C.F.R. § 1292.5 (service may be made on party’s attorney or representative of record).”
Ogunfuye v. Holder, 610 F.3d 303 (5th Cir. 2010).
“See 8 C.F.R. § 1292.5 (a). Any notice to Ogunfuye's counsel counts as notice to her.”
Jahjaga v. Attorney Gen. of the United States, 512 F.3d 80 (3rd Cir. 2008).
“1 (f), or the alien’s attorney of record, 8 C.F.R. § 1292.5 (a). The regulations define “service” as either “physically presenting or mailing a document to the appropriate party or parties.”
F-r-a, 28 I. & N. Dec. 460 (BIA 2022).
“See 8 C.F.R. § 1292.5 (a) (2021); see also Matter of Barocio, 19 I&N Dec.”
Nazar Bachynskyy v. Eric Holder, Jr, 668 F.3d 412 (7th Cir. 2011).
“If the decision is in writing, the regulations state that “it shall be served on the parties by first class mail to the most recent address contained in the Record of Proceeding or by personal service.”
Lamine Fall v. Eric Holder, Jr., 560 F. App'x 519 (6th Cir. 2014).
· cites it 2× “The corresponding regulation, 8 C.F.R. § 1292.5 , Service upon and action by attorney or representative of record, states as follows: Representative Capacity.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.