Instructions for Filing a Complaint Against an Attorney or Representative
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. The Rules of Professional Conduct for Practitioners (Rules) set forth at
8 C.F.R.§§1003.101-1003.107, govern an immigration practitioner’s actions. The following are examples of behavior that may provide
grounds for an investigation:
- 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 his/her 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 communications with a client
- failing to abide by a client’s decision in a case
Some conduct on the part of practitioners falls outside the parameters of the Rules. The Executive Office for Immigration
Review (EOIR) Disciplinary Counsel (DC) is unable to investigate those activities and cannot:
- give you legal advice or otherwise represent you, or recommend a particular attorney or firm
- compel an attorney to act for you, or tell your attorney 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
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 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 either by completing a complaint form or by writing your own
statement. Your statement should include your name and address, the practitioner’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, documents concerning the immigration case involved (including the case name and number), and copies of filings
in connection with the case will assist us in our investigation.
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 which, if
true, would violate the Rules of Professional Conduct? 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 comple-
tion of the inquiry, DC determines that the practitioner has engaged in a violation of the Rules, DC may issue a warning letter,
or an informal admonition, enter into an agreement in lieu of discipline, or issue a Notice of Intent to Discipline (NID) to the practitioner
recommending that discipline be imposed.
In a disciplinary case in which a NID is issued and the practitioner contests the charges, the matter may 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 prosecu-
tor. 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 files
an appeal. If the practitioner 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/09/AttorneyDisciplineFactSheet.pdf.
Filing Considerations Filing a complaint against an immigration practitioner 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 have failed. The disciplinary
system is designed to provide an orderly and fair way to deal with ethics complaints against practitioners.
Form EOIR - 44
Rev. July 2014
