(a) Authority to appear and act. An appearance must be filed on the appropriate form as prescribed by DHS by the attorney or accredited representative appearing in each case. The form must be properly completed and signed by the petitioner, applicant, or respondent to authorize representation in order for the appearance to be recognized by DHS. The appearance will be recognized by the specific immigration component of DHS in which it was filed until the conclusion of the matter for which it was entered. This does not change the requirement that a new form must be filed with an appeal filed with the Administrative Appeals Office of USCIS. Substitution may be permitted upon the written withdrawal of the attorney or accredited representative of record or upon the filing of a new form by a new attorney or accredited representative. When an appearance is made by a person acting in a representative capacity, his or her personal appearance or signature will constitute a representation that under the provisions of this chapter he or she is authorized and qualified to appear as a representative as provided in 8 CFR 103.2(a)(3) and 292.1. Further proof of authority to act in a representative capacity may be required.
(b) A party to a proceeding and his or her attorney or representative will be permitted to examine the record of proceeding in accordance with 6 CFR part 5.
[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; 75 FR 5230, Feb. 2, 2010; 76 FR 53797, Aug. 29, 2011]
Notes of Decisions
Maria Lucila Martinez-Zelaya v. Immigr. & Naturalization Serv., 841 F.2d 294 (9th Cir. 1988).
“” 8 C.F.R. § 292.4 (a) (1987). Of particular importance is the regulation’s following sentence, which addresses an attorney’s authority to represent: “When an appearance is made by a person acting in a representative capacity, his personal appearance or signature shall…”
Orantes-Hernandez v. Smith, 541 F. Supp. 351 (C.D. Cal. 1982).
“See 8 C.F.R. § 292.4 (1981). Yet the record indicates that Salvadorans are frequently arrested, deposited in waiting rooms, interrogated, put onto buses, and flown back to El Salvador all in a matter of hours.”
Akwada v. Ashcroft, 113 F. App'x 532 (4th Cir. 2004).
· cites it 2× “See 8 C.F.R. § 292.4 Akwada asserts, and the record reflects, that Akpan did not file an Appointment of Representative form until over five years later, in June 1999.”
Barocio, 19 I. & N. Dec. 255 (BIA 1985).
“See 8 C.F.R. § 292.4 (a) (1984). Such notice to their attorney constitutes notice of the decision to the re- spondents.”
Manguriu v. Garland, 86 F.4th 491 (1st Cir. 2023).
“Indeed, among Manguriu's appellate contentions is his position that he was unrepresented at the time of the 2014 revocation happenings because Cabelus's representation automatically terminated pursuant to 8 C.F.R. § 292.4 (a)12 back in 2010, when USCIS initially approved his…”
B, 9 I. & N. Dec. 211 (BIA 1961).
“8 CFR 292.4(b) author- izes a review of the record and the loan of a copy of the testimony.”
Soto-Gonzalez v. Mukasey, 276 F. App'x 706 (9th Cir. 2008).
“8 C.F.R. § 292.4 (a) does not support Soto-Gonzalez’s contention that his counsel was required to enter a new notice of appearance after the BIA remanded his proceed *707 ings.”
— 8 C.F.R. § 292.4(b) — 1 case
B, 9 I. & N. Dec. 211 (BIA 1961).
“8 CFR 292.4(b) author- izes a review of the record and the loan of a copy of the testimony.”
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