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(a) The government may be represented in proceedings before an Immigration Judge.
(b) The alien may be represented in proceedings before an Immigration Judge by an attorney or other representative of his or her choice in accordance with 8 CFR part 1292, at no expense to the government.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
§ 521 - Legal status of EOIR
§ 1101 - Definitions
§ 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General
§ 1154 - Procedure for granting immigrant status
§ 1155 - Revocation of approval of petitions; effective date
§ 1158 - Asylum
§ 1182 - Inadmissible aliens
§ 1226 - Apprehension and detention of aliens
§ 1229 - Initiation of removal proceedings
§ 1229a - Removal proceedings
§ 1229b - Cancellation of removal; adjustment of status
§ 1229c - Voluntary departure
§ 1231 - Detention and removal of aliens ordered removed
§ 1254a - Temporary protected status
§ 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
§ 1324d - Civil penalties for failure to depart
§ 1330 - Collection of penalties and expenses
§ 1361 - Burden of proof upon alien
§ 1362 - Right to counsel
§ 510 - Delegation of authority
§ 1746 - Unsworn declarations under penalty of perjury
111 Stat. 2196-200
114 Stat. 1527-29
114 Stat. 1531-32
114 Stat. 2763A-326
Title 8 published on 2015-01-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR Part 1003 after this date.
The Executive Office for Immigration Review (EOIR) has published in the Federal Register a proposed rule amending the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent persons in proceedings before EOIR and the Department of Homeland Security (DHS). The proposed rule also proposes amendments to the regulations concerning EOIR's disciplinary procedures. EOIR seeks public comment on issues affecting this proposed rule and will host three open public meetings to discuss it. The first meeting will be limited to a discussion of the recognition of organizations; the second meeting will address accreditation of representatives; and the third meeting will address oversight of recognized organizations and accredited representatives.
This final rule adopts, without change, the proposed rule “Separate Representation for Custody and Bond Proceedings” as published in the Federal Register on September 17, 2014. Specifically, this final rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the representation of an individual in custody and bond proceedings before EOIR by allowing a representative before EOIR to enter an appearance in custody and bond proceedings without such appearance constituting an entry of appearance for all of the individual's proceedings before the Immigration Court.
This final rule adopts, as amended, the proposed rule entitled “List of Pro Bono Legal Service Providers for Aliens in Immigration Proceedings.” The final rule changes the name of the “List of Free Legal Service Providers,” maintained by the Executive Office for Immigration Review (EOIR), to the “List of Pro Bono Legal Service Providers” (List). It enhances the eligibility requirements for providers to be included on the List. It authorizes the Director of EOIR, or his or her designee, to place providers on the List and remove them from the List. The rule also allows the public to comment on eligible applicants and requires approved providers to certify their eligibility every 3 years.
This rule proposes to amend the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service, or similar organizations to represent persons in proceedings before the Executive Office for Immigration Review (EOIR) and the Department of Homeland Security (DHS). The rule also proposes amendments to the regulations concerning EOIR's disciplinary procedures.
This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions, thereby expanding the Board to 17 members.