New Rule re Limited Legal Services

  • Organization: EOIR
  • Document Type: Statute/regulation/other law
  • Date Created: Thursday, September 22, 2022
  • Attachment(s): LINK

"[Under the new rule published in the Federal Register,] private attorneys can provide limited legal assistance without being forced to enter an E-28 that then commits them for the rest of the proceedings.  Practitioners must, however, submit the new form E-61 (for immigration court, form E-60 for the BIA) along with any document that they are helping pro se Respondents prepare for filing with the immigration court. The rule also changes the regulations defining practice and preparation, but makes clear that any document preparation by a practitioner requires submitting an E-61 (even if it was purely ministerial, such as transcribing answers to a form, and did not involve providing legal advice)... Relatedly, the rule clarifies that non practitioners (nonlawyers and non accredited representatives) may not provide legal advice, but if they perform the function of purely transcribing responses to a form, unlike practitioners, they are not required to submit an E-61."  Source: Matt Adams, Northwest Immigrant Rights Project

Topics:
  • Forms/Fees
  • Advocacy