(a) The Chief Immigration Judge shall maintain a current list of organizations and attorneys qualified under this subpart which provide free legal services. This list, which shall be updated not less than quarterly, shall be provided to aliens in immigration proceedings. The Chief Immigration Judge may designate an employee or employees to carry out his or her responsibilities under this subpart. Organizations and attorneys may be included on the list of free legal services providers if they qualify under one of the following categories:
(1) Organizations recognized under § 1292.2 of this chapter that meet the qualifications set forth in § 1003.62(a) and whose representatives, if any, are authorized to practice before the Board and Immigration Courts;
(2) Organizations not recognized under § 1292.2 of this chapter that meet the qualifications set forth in § 1003.62(b);
(3) Bar associations that meet the qualifications set forth in § 1003.62(c); and
(4) Attorneys, as defined in § 1001.1(f) of this chapter, who meet the qualifications set forth in § 1003.62(d).
(b) The listing of an organization qualified under this subpart is not equivalent to recognition under § 292.2 of this chapter.
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(2)Pro bono legal services. Pro bono legal services are those uncompensated legal services performed for indigent individuals or the public good without any expectation of either direct or indirect remuneration, including referral fees (other than filing fees or photocopying and mailing expenses), although a representative may be regularly compensated by the firm, organization, or pro bono referralservice with which he or she is associated.
(3)Organization. A non-profit religious, charitable, social service, or similar group established in the United States.
(4)Pro bono referral service. A referralservice, offered by a non-profit group, association, or similar organization established in the United States that assists persons in locating pro bono representation by making case referrals to attorneys or organizations that are available to provide pro bono representation.
(b)Authority. The Director shall maintain a list, known as the List of Pro Bono Legal Service Providers (List), of organizations, pro bono referralservices, and attorneys qualified under this subpart to provide pro bono legal services in immigration proceedings. The List, which shall be updated not less than quarterly, shall be provided to individuals in removal and other proceedings before an immigration court.
(c)Qualification. An organization, pro bono referralservice, or attorney qualifies to be included on the List if the eligibility requirements under § 1003.62 and the application procedures under § 1003.63 are met.
(d)Organizations. Approval of an organization's application to be included on the List under this subpart is not equivalent to recognition under part 1292 of this chapter. Recognition under part 1292 of this chapter does not constitute a successful application for purposes of the List.