Form EOIR-44 English_2019

U.S. Department of Justice
Executive Office for Immigration Review

OMB#1125-0007
Immigration Practitioner/Organization Complaint Form

Your NAME and ADDRESSAddress
Mr.
Mrs.
__________________________________________________________________________________________________
Ms.
First
(Middle Initial)
Last
Alien Number of Case Related to Complaint
____________________________________________________________________________________________________________
Number and Street
Apt. No.
City
State
Zip Code
Telephone Number: Home: (___)______________________________ Work: (___)________________________________________

Name of ATTORNEY, REPRESENTATIVE, or ORGANIZATION against whom you wish to file a complaint.
Attorney

__________________________________________________________________________________________
First
(Middle Initial)
Last
Representative
___________________________________________________________________________________________
First
(Middle Initial)
Last
Organization
__________________________________________________________________________________________
Name of Organization
____________________________________________________________________________________________________________
Number and Street
Suite Number
City
State
Zip Code
Office Telephone Number: (____)__________________Email address (if any):__________________________@_______________
Have you or a member of your family complained about this matter to anyone else (such as a state bar or consumer protection agency)?
Yes
No
If yes, please provide details, including to whom the complaint was made (including name and address of the entity), its
approximate date, and any disposition. (Use additional paper if necessary.)
______________________________________________________________________________________________________________
Did you hire the attorney or representative/organization? Yes
No
If yes, give the approximate date of employment and the
amount paid, if any. If no, what is your connection with the attorney, representative, or organization? (Use additional paper if necessary.)
Attach a copy of your retainer agreement or contract if you have one.
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
Explain the circumstances and details of your complaint on additional sheets of paper. Include a statement of what the attorney or
representative/organization did or did not do, and a narrative of the facts as you understand them. Do not include opinions or arguments.
If you employed the attorney or representative/organization, state what work was supposed to be performed for you. Sign and date each
separate piece of paper and attach copies of any pertinent or supporting documents.
I, the undersigned, hereby certify that the statements in this complaint are true and correct to the best of my
knowledge. I waive the attorney-client privilege and any other confidentiality protections under the Freedom of
Information Act/Privacy Act necessary to conduct an inquiry including, but not limited to, making referrals and
disclosures to state attorney discipline authorities and any other law enforcement authorities for the purpose of
investigating, examining, and/or taking disciplinary action against the attorney, representative, or organization as
necessary. I hereby permit the Executive Office for Immigration Review to release any and all records in its system of
records for the purpose of conducting such an inquiry.
Mail Complaint to:

Office of the General Counsel
Attn: Disciplinary Counsel
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2600

Falls Church, VA 22041

Signature________________________________________

Date____________________________________________

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Form EOIR-44
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Instructions for Filing a Complaint
Against an Attorney, Representative, or Recognized Organization
Every immigration practitioner (private attorney, accredited representative, law student, and others) authorized to
practice before the Board of Immigration Appeals (Board), Immigration Courts, and the Department of Homeland
Security is obligated to observe high standards of ethical conduct and professional behavior. Every immigration
practitioner and every EOIR recognized organization is subject to the Rules of Professional Conduct for
Practitioners (Rules) set forth at 8 C.F.R. §§1003.101-1003.111. These rules govern an immigration practitioner’s
and recognized organization’s actions. The following are examples of behavior that may provide grounds for an
investigation:
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charging grossly excessive fees
engaging in conduct lacking competence or diligence
knowingly or recklessly making a false statement of material fact or otherwise misleading and/or
misinforming any person, including knowingly or recklessly offering evidence known to be false
making false or misleading communications about qualifications or services
providing ineffective assistance of counsel as found by the Board of Immigration Appeals or an
Immigration Judge
repeatedly failing to appear for scheduled hearings in a timely manner without good cause
failing to maintain communication with a client
failing to abide by a client’s decision in a case
failing to adequately supervise an accredited representative
employing, receiving services from, or affiliating with an individual who performs an activity that
constitutes the unauthorized practice of law or immigration fraud

Some conduct on the part of practitioners and organizations falls outside the parameters of the Rules. The
Executive Office for Immigration Review (EOIR) Disciplinary Counsel (DC) is unable to investigate those
activities falling outside the Rules and cannot:
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give you legal advice or otherwise represent you, or recommend a particular attorney, firm, or
organization
compel an attorney or representative to act for you, or tell your attorney or representative how to
proceed with your case or to refund your fee
investigate complaints about Department of Homeland Security attorneys

Confidentiality Generally, information about complaints or preliminary inquiries is confidential. However, by
signing this complaint form, you waive the attorney-client privilege and any other confidentiality and/or privacy
protections with respect to the practitioner’s or organization’s handling of an immigration case to the extent
necessary for DC to conduct an inquiry. By signing this complaint form, you also agree to allow DC to make
referrals to state bar and law enforcement authorities where it appears the practitioner or organization has engaged
in ethical and/ or criminal misconduct and to make any disclosure to such law enforcement authorities of any and
all records maintained in an EOIR system of records that are otherwise subject to confidentiality protections under
the Freedom of Information Act/Privacy Act.
How to File a Complaint Your complaint should be filed in writing by (1) completing this complaint form and/or
(2) writing your own statement. If you write your own statement, you should include your name and address, the
practitioner or organization’s name and address, an explanation of the circumstances and specific details of your
complaint, and your signature. Supporting documents and information, such as correspondence between you and
the practitioner or organization, documents concerning the immigration case involved (including the case name
and number), and copies of filings in connection with the case should accompany the completed complaint form
or signed statement, as these documents will assist us in our investigation. The complaint form and/or your
statement should be mailed to the address listed on the form.

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Form EOIR-44
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Processing of Your Complaint When your complaint is received; it will be reviewed by DC to determine
whether, based upon the merits, the complaint warrants further investigation. Does the complaint allege conduct
on the part of a practitioner or organization which, if true, would violate the Rules? If the answer to this question
is “no,” then no further action will be taken. If the answer to this question is “yes,” then a preliminary inquiry will
be conducted. If additional information is needed about the complaint, DC may request answers to specific
questions, review the court file, and interview potential witnesses. If, upon completion of the inquiry, DC
determines that the practitioner or organization has engaged in a violation of the Rules, DC may issue a Notice of
Intent to Discipline (NID) to the practitioner or organization recommending that discipline be imposed. DC may
also issue a warning letter an informal admonition to the practitioner, or enter into an agreement in lieu of
discipline with the practitioner.
In a disciplinary case in which a NID is issued and the practitioner or organization contests the charges, the matter
will be scheduled for a hearing before an Adjudicating Official (for instance, an Immigration Judge). This is an
adversarial hearing in which DC acts as a prosecutor. DC does not represent individual complainants in this
hearing; however, as the complainant, you may be called as a witness. Following the hearing, the Adjudicating
Official will issue a decision either recommending dismissal of the charges or adopting, modifying, or otherwise
amending the proposed discipline. The Adjudicating Official’s decision is final unless the practitioner or
organization files an appeal. If the practitioner or organization files an appeal, the Adjudicating Official’s decision
is reviewed by the Board of Immigration Appeals, which then issues a final administrative decision. You will be
informed by letter of the final disposition of your complaint.
Further information about Rules and Procedures on Professional Conduct for Practitioners is available on EOIR’s
website at: http://www.justice.gov/eoir/press/2013/EOIRsDisciplinaryProgramFactSheet02272013.pdf.
Filing Considerations Filing a complaint against an immigration practitioner or organization is a serious matter.
Your decision to file a complaint should only be made after careful consideration and after all efforts to work out
the problem with the practitioner or organization have failed. The disciplinary system is designed to provide an
orderly and fair way to deal with complaints of professional misconduct against practitioners and organizations.
Paperwork Reduction Act Notice Under the Paperwork Reduction Act, a person is not required to respond to a
collection of information unless it displays a valid OMB control number. We try to create forms and instructions that are
accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The
estimated average time to review the form, gather necessary materials, and assemble the attachments is 2 hours. If you have
comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the
Executive Office for Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church,
Virginia 20530.
Privacy Act Notice This collection of information is authorized by 8 U.S.C. § 1362 and 8 C.F.R. §§ 1003.104,
1292.18 in order to file a complaint against an immigration practitioner or recognized organization. The
information you provide to file a complaint against an immigration practitioner or recognized organization is
voluntary; however, the failure to provide the requested information may result in dismissal of the complaint.
Information concerning complaints is confidential, and EOIR may only share this information with others in
accordance with 8 C.F.R. § 1003.108(a) or the approved routine uses described in EOIR-003, Practitioner
Complaint-Disciplinary Files.

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Form EOIR-44
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