N.M. Stat. » Chapter 36 — Attorneys
New Mexico Statutes

N.M. Stat. § 36-3-4 (2026)

Representation

✓ laws through the 2025 session (retrieved May 2026)
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A. A person desiring immigration and nationality services may be represented by any of the following:

(1) attorneys in the United States; as used in this subsection, "attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the district of Columbia and is not under any order of any court, suspending, enjoining, restraining, disbarring or otherwise restricting him in the practice of law;

(2) a law student who is enrolled in the final year of an accredited law school or a law school graduate who is not yet admitted to the bar, provided that:

(a) he is appearing on an individual case basis at the request of the person entitled to representation; or (b) his appearance is permitted by the official before whom he wishes to appear including an immigration judge, district immigration director, immigration officer- in-charge, regional immigration commissioner, the commissioner of immigration and naturalization or the immigration board, which official, if in his opinion special circumstances warrant it, may require that a law student be accompanied by the supervising faculty member or attorney;

(3) any reputable individual of good moral character, provided that:

(a) he is appearing on an individual case basis, at the request of the person entitled to representation;

(b) he is appearing without direct or indirect remuneration and files a written declaration to that effect;

(c) he has a preexisting relationship or connection with the person entitled to representation including a relative, neighbor, clergyman, business associate or personal friend, provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and

(d) if appearing on behalf of a client, his appearance is permitted by the official before whom he wished to appear including an immigration judge, district immigration director, immigration officer-in-charge, regional immigration commissioner, the commissioner of immigration and naturalization or the immigration board, provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and nationality practice or preparation or holds himself out to the public as qualified to do so;

(4) a person representing an organization accredited by the board of immigration appeals and who has been accredited by the immigration board; or

(5) an accredited official in the United States of the government to which an alien owes allegiance, if the official appears solely in his official capacity and with the alien's consent.

B. Except as set forth in this section, no other person or persons shall represent others in any case, nor prepare applications or forms or given [give] any legal advice.

History: Laws 1987, ch. 60, § 4.

Notes of Decisions
Cited in 8 cases, 1971–1977 · leading case: State v. Tanton, 540 P.2d 813 (N.M. 1975).
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State v. Tanton, 540 P.2d 813 (N.M. 1975). · cites it 2× “VI, § 13 and § 26; § 36-3-4 N.M.S.A. 1953 (Supp. 1973)), double jeopardy should not bar the vehicular homicide by DWI charge.”
State v. Doe, 568 P.2d 612 (N.M. Ct. App. 1977). · cites it 2× “Section 36-3-4, N.M.S.A. 1953 (2d Repl.Vol.”
State v. Lynch, 484 P.2d 374 (N.M. Ct. App. 1971). · cites it 3× “” Section 36-3-4, N.M.S.A. 1953, (Repl. Vol.”
State ex rel. Moreno v. Floyd, 516 P.2d 670 (N.M. 1973). · cites it 2× “Section 36-3-4, N.M.S.A.1953 (2nd Repl.Vol.”
State v. Peavler, 537 P.2d 1387 (N.M. 1975). “The Court of Appeals reasoned and we agree that the dismissal of a felony charge by a magistrate does not result in an acquittal because the magistrate court has no jurisdiction to try felony charges.”
State v. Peavler, 535 P.2d 650 (N.M. Ct. App. 1975). · cites it 2× “In any criminal action in the magistrate court which is beyond the jurisdiction of the magistrate court, the magistrate may commit to jail, discharge or recognize the defendant to appear before the district court as provided by law.”
State v. Biswell, 488 P.2d 115 (N.M. Ct. App. 1971). “See § 36-3-4, N.M.S.A.1953 (1969 Supp.). Section 37-1-1, N.”
State v. McKee, 527 P.2d 496 (N.M. Ct. App. 1974). · cites it 2× “” Section 36-3-4(A), N.M.S.A.1953 (2d Repl.”
N.M. Stat. § 36-3-4(A): 1 case
State v. McKee, 527 P.2d 496 (N.M. Ct. App. 1974). “” Section 36-3-4(A), N.M.S.A.1953 (2d Repl.”
N.M. Stat. § 36-3-4(B): 1 case
State v. Lynch, 484 P.2d 374 (N.M. Ct. App. 1971). “” Section 36-3-4, N.M.S.A. 1953, (Repl. Vol.”
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