Scheme Nickname: 
EOIR Immigration Practitioner Disciplinary Proceedings

Informal proceeding in which the Executive Office for Immigration Review ("EOIR") adjudicates complaints concerning the misconduct of attorneys that practice before it. These attorneys include private immigration attorneys and other representatives who are authorized to represent aliens and excludes government attorneys. Before reaching the hearing level, complaints are first sent to EOIR's Disciplinary Counsel for investigation and preliminary inquiry. Upon finding that a complaint has merit the Counsel may informally resolve the complaint (e.g. confidential warning) or initiate disciplinary proceedings which may lead to censure, suspension, or disbarment from practice before the immigration courts or Board of Immigration Appeals ("BIA").

To initiate disciplinary proceedings, the EOIR issues a Notice of Intent to Discipline to the practitioner, and the practitioner must respond within 30 days and in so doing, may request a hearing. The proceeding is heard by an Immigration Judge ("IJ"), or sometimes an ALJ, and the final hearing level decision is made by the BIA. Administrative appeals can be made to the BIA within 30 days, and appeals follow the same review process as appeals of decisions made in immigration proceedings. Practitioners may seek judicial review of the final BIA decision of their disciplinary case.

Comments/Notes on Adjudication Structure: 
This scheme is unusual in that the BIA is the hearing office as well as the appeal office (as opposed to being exclusively the appeals office as it is in other schemes). Instead of having Board Members sit for the hearing level, the Chief Immigration Judge is instructed to assign an IJ or ALJ to preside over the hearing, but the BIA makes the final decision in the disciplinary hearing. Appeals to BIA operate in the same fashion as they do in other schemes.
Types of Adjudication: 
Type B
Resources & Articles: 
Fact Sheet:
Complaint Form:
Appeal Form:
Verified by Agency: 
Not verified
Is this a Major Adjudication: