EOIR-44 Legal Authority 2019

8 CFR 1003.104
This document is current through the October 28, 2019 issue of the Federal Register. Title 3 is current through
August 30, 2019.

Code of Federal Regulations > TITLE 8 -- ALIENS AND NATIONALITY > CHAPTER V -EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE > SUBCHAPTER
A -- GENERAL PROVISIONS > PART 1003 -- EXECUTIVE OFFICE FOR IMMIGRATION REVIEW >
SUBPART G -- PROFESSIONAL CONDUCT FOR PRACTITIONERS -- RULES AND PROCEDURES

§ 1003.104 Filing of complaints; preliminary inquiries; resolutions; referral of
complaints.
(a) Filing complaints -(1)Practitioners authorized to practice before the Board and the Immigration Courts. Complaints of
criminal, unethical, or unprofessional conduct, or of frivolous behavior by a practitioner who is
authorized to practice before the Board and the Immigration Courts shall be filed with the EOIR
disciplinary counsel. Disciplinary complaints must be submitted in writing and must state in detail the
information that supports the basis for the complaint, including, but not limited to, the names and
addresses of the complainant and the practitioner, the date(s) of the conduct or behavior, the nature of
the conduct or behavior, the individuals involved, the harm or damages sustained by the complainant,
and any other relevant information. Any individual may file a complaint with the EOIR disciplinary
counsel using the Form EOIR-44. The EOIR disciplinary counsel shall notify DHS of any disciplinary
complaint that pertains, in whole or part, to a matter before DHS.
(2)Practitioners authorized to practice before DHS. Complaints of criminal, unethical, or unprofessional
conduct, or frivolous behavior by a practitioner who is authorized to practice before DHS shall be filed
with DHS pursuant to the procedures set forth in § 292.3(d) of this chapter.
(b)Preliminary inquiry. Upon receipt of a disciplinary complaint or on its own initiative, the EOIR disciplinary
counsel will initiate a preliminary inquiry. If a complaint is filed by a client or former client, the complainant
thereby waives the attorney-client privilege and any other privilege relating to the representation to the extent
necessary to conduct a preliminary inquiry and any subsequent proceedings based thereon. If the EOIR
disciplinary counsel determines that a complaint is without merit, no further action will be taken. The EOIR
disciplinary counsel may, in the disciplinary counsel's discretion, close a preliminary inquiry if the complainant
fails to comply with reasonable requests for assistance, information, or documentation. The complainant and
the practitioner shall be notified of any such determination in writing.
(c)Resolution reached prior to the issuance of a Notice of Intent to Discipline. The EOIR disciplinary counsel, in
its discretion, may issue warning letters and admonitions, and may enter into agreements in lieu of discipline,
prior to the issuance of a Notice of Intent to Discipline.
(d)Referral of complaints of criminal conduct. If the EOIR disciplinary counsel receives credible information or
allegations that a practitioner has engaged in criminal conduct, the EOIR disciplinary counsel shall refer the
matter to DHS or the appropriate United States Attorney and, if appropriate, to the Inspector General, the
Federal Bureau of Investigation, or other law enforcement agency. In such cases, in making the decision to
pursue disciplinary sanctions, the EOIR disciplinary counsel shall coordinate in advance with the appropriate
investigative and prosecutorial authorities within the Department to ensure that neither the disciplinary process
nor criminal prosecutions are jeopardized.

Statutory Authority
Elizabeth Burgus

Page 2 of 3
8 CFR 1003.104

AUTHORITY NOTE APPLICABLE TO ENTIRE PART:
5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c,
1231, 1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No. 2 of 1950; 3 CFR,
1949-1953 Comp., p. 1002; section 203 of Pub. L. 105-100, 111 Stat. 2196-200; sections 1506 and 1510 of Pub. L.
106-386, 114 Stat. 1527-29, 1531-32; section 1505 of Pub. L. 106-554, 114 Stat. 2763A-326 to -328.

History

[65 FR 39513, 39528, June 27, 2000; redesignated at 68 FR 9824, 9830, Feb. 28, 2003; 73 FR 76914, 76924, Dec.
18, 2008; 81 FR 92346, 92362, Dec. 19, 2016]
Annotations

Notes
[EFFECTIVE DATE NOTE:
73 FR 76914, 76924, Dec. 18, 2008, amended this section, effective Jan. 20, 2009; 81 FR 92346, 92362, Dec. 19,
2016, revised paragraph (b), effective Jan. 18, 2017.]

Case Notes

LexisNexis® Notes

Case Notes Applicable to Entire Part
Part Note
Gadda v. Ashcroft, 2001 U.S. Dist. LEXIS 20857 (ND Cal Dec. 7, 2001).
Overview: Attorney's due process rights were not violated by order suspending him from practicing before
immigration courts before finalization of disbarment recommendation of the Board of Immigration Affairs by the
California State Supreme Court.
Former 8 CFR 3.104 redesignated as 8 CFR 1003.104
• Regulations provide procedures for the filing of complaints with the Executive Office for Immigration Review
and the Immigration and Naturalization Service by individuals alleging unprofessional conduct by
practitioners who are authorized to practice before those bodies. 8 C.F.R. §§ 3.104, 292.3(d). Both
summary proceedings and disciplinary proceedings initiated by the filing of a complaint by an individual are
conducted in accordance with the procedures set forth in 8 C.F.R. §§ 3.105 and 3.106 (allowing the
practitioner to file an answer and setting forth hearing and disposition). Go To Headnote

Elizabeth Burgus

Page 3 of 3
8 CFR 1003.104

Research References & Practice Aids
NOTES APPLICABLE TO ENTIRE TITLE:
Other regulations issued by the Department of Justice appear in title 4, chapter II, title 21, chapter II, and title 28,
chapters I, III, and V.

LEXISNEXIS' CODE OF FEDERAL REGULATIONS
Copyright © 2019, by Matthew Bender & Company, a member of the LexisNexis Group. All rights reserved.

End of Document

Elizabeth Burgus