Form EOIR-28. Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court

Form EOIR-28. Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court

The Form EOIR-28 is an official document issued by the Executive Office for Immigration Review (EOIR), a branch of the U.S. Department of Justice. This form is used by attorneys and representatives who intend to appear before an Immigration Court on behalf of a party in an immigration case. It serves as a formal notice of their entry of appearance and establishes their representation before the Immigration Court.

Key Information in Form EOIR-28:

  1. Represented Party Information:

    • Full name and address of the party being represented.
    • Alien ("A") Number of the party represented in the case.
  2. Type of Appearance: Attorneys or representatives are required to indicate the type of proceedings for which they are entering an appearance:

    • All proceedings
    • Custody and bond proceedings only
    • All proceedings other than custody and bond proceedings
  3. Attorney or Representative Information:

    • Eligibility status: Whether the individual is an attorney eligible to practice law and in good standing or a representative with accredited status.
    • Court information: The full name of the court where the attorney is authorized to practice law, along with the bar number.
    • Recognition as a representative: If representing as an accredited representative, details about the recognized organization.
    • Other statuses: Additional options for law students, law graduates, reputable individuals, accredited foreign government officials, or those authorized to practice before December 23, 1952.
  4. Type of Entry of Appearance: Attorneys or representatives must choose the appropriate option indicating the reason for their appearance, such as entering the appearance at the request of the represented party or appearing as a qualified representative as ordered by EOIR.

  5. Declaration and Signature: The attorney or representative must sign the form, acknowledging their compliance with the EOIR Rules of Professional Conduct and their understanding of the regulations governing appearances before the Immigration Court.

  6. Contact Information: The attorney or representative's contact details, including name, address, law firm (if applicable), telephone, facsimile, and email address.

  7. Proof of Service: If required, the form provides a section to indicate proof of service to the appropriate entities, such as the U.S. Immigration and Customs Enforcement (ICE).

  8. Appearance Type and Hearing Information: Attorneys are required to indicate whether the appearance is primary or non-primary. If appearing on behalf of another attorney, the name of the attorney and the date of the hearing must be provided.

  9. Pro Bono Representation: Attorneys or representatives can indicate if they are providing pro bono representation.

Purpose of Form EOIR-28: The purpose of Form EOIR-28 is to establish a formal record of an attorney's or representative's entry of appearance before the Immigration Court. By submitting this form, attorneys and representatives notify the court of their representation, ensuring that they are included in relevant proceedings and communications. The form also helps the court maintain accurate records of all individuals appearing before it and enables effective communication between attorneys, representatives, and the Immigration Court.

Note: Attorneys and accredited representatives must be registered with the EOIR eRegistry to practice before the Immigration Court. This form must be filed for each case in which representation is being established before the Immigration Court.