29 Sep 2015

EOIR Rules (Two Final, One Proposed) in Oct. 1st Federal Register

List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings - "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."

Separate Representation for Custody and Bond Proceedings - "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. DATES: This rule is effective December 7, 2015."

Recognition of Organizations and Accreditation of Non-Attorney Representatives - "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."