This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

55659 

Vol. 79, No. 180 

Wednesday, September 17, 2014 

1See also Improving Efficiency and Ensuring 

Justice in the Immigration Court System: Hearing 

Before the S. Comm. on the Judiciary, 112th Cong. 

2 (May 18, 2011) (statement of Juan P. Osuna, 

Director, EOIR) (‘‘Director’s Testimony’’) 

(discussing the increase in the number of matters 

received by the Immigration Court), available at 

http://www.justice.gov/eoir/press/2011/

EOIRtestimony05182011.pdf. 

DEPARTMENT OF JUSTICE 

Executive Office for Immigration 

Review 

8 CFR Part 1003 

[EOIR Docket No. 181; AG Order No. 3450– 

2014] 

RIN 1125–AA78 

Separate Representation for Custody 

and Bond Proceedings 

AGENCY: Executive Office for 

Immigration Review, Department of 

Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document proposes to 

amend the Executive Office for 

Immigration Review (EOIR) regulations 

relating to the representation of aliens in 

custody and bond proceedings. 

Specifically, this rulemaking proposes 

to allow 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 alien’s 

proceedings before the Immigration 

Court. 

DATES: Written comments must be 

submitted on or before November 17, 

2014. Comments received by mail will 

be considered timely if they are 

postmarked on or before that date. The 

electronic Federal Docket Management 

System (FDMS) will accept comments 

until midnight Eastern Time at the end 

of that day. 

ADDRESSES: Please submit written 

comments to Jeff Rosenblum, General 

Counsel, Executive Office for 

Immigration Review, 5107 Leesburg 

Pike, Suite 2600, Falls Church, Virginia 

20530. To ensure proper handling, 

please reference RIN No. 1125–AA78 or 

EOIR docket No. 181 on your 

correspondence. You may submit 

comments electronically or view an 

electronic version of this proposed rule 

at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Rosenblum, General Counsel, Executive 

Office for Immigration Review, 5107 

Leesburg Pike, Suite 2600, Falls Church, 

Virginia 20530; telephone (703) 305– 

0470 (not a toll-free call). 

SUPPLEMENTARY INFORMATION: 

I. Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at 

www.regulations.gov. Such information 

includes personally identifiable 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personally 

identifiable information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONALLY IDENTIFIABLE 

INFORMATION’’ in the first paragraph 

of your comment. You must also locate 

all the personally identifiable 

information you do not want posted 

online in the first paragraph of your 

comment and identify what information 

you want redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot effectively be 

redacted, all or part of that comment 

may not be posted on http://

www.regulations.gov. 

Personally identifiable information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. 

Confidential business information 

identified and located as set forth above 

will not be placed in the public docket 

file. If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT

paragraph. 

II. Background 

The Immigration and Nationality Act 

(INA) provides that aliens appearing 

before an immigration judge ‘‘shall have 

the privilege of being represented, at no 

expense to the Government, by counsel 

of the alien’s choosing who is 

authorized to practice in such 

proceedings.’’ INA sec. 240(b)(4) (8 

U.S.C. 1229a(b)(4)); see also INA sec. 

292 (8 U.S.C. 1362). In order to 

represent an alien before EOIR, a 

representative must file a Notice of 

Entry of Appearance with the 

Immigration Court or the Board of 

Immigration Appeals (Board). See 8 CFR 

1003.17, 1003.3(a)(3). A representative 

who enters his or her appearance before 

the Immigration Court is the 

representative of record for the alien in 

all of the alien’s proceedings, including 

removal or deportation proceedings and, 

if the alien is detained, custody and 

bond proceedings. To the extent a 

representative wishes to represent an 

alien solely in custody and bond 

proceedings, and not in any other 

proceedings before the Immigration 

Court, he or she must file a motion to 

withdraw representation after the alien’s 

custody and bond proceedings 

conclude. Cf. Matter of N–K– & V–S–, 21 

I&N Dec. 879, 880, 881 n.2 (BIA 1997). 

Whether to grant or deny that motion is 

within the sole discretion of the 

immigration judge presiding over the 

particular case. See 8 CFR 1003.17(b). 

Over the past several years, EOIR has 

seen a substantial increase in the 

number of aliens appearing before its 

Immigration Courts. At the end of fiscal 

year (FY) 2013, there were 350,330 cases 

pending at the Immigration Courts, 

marking an increase of 22,901 cases 

pending above those at the end of FY 

2012. See 2013 EOIR Stat. Y.B. W1, 

available at http://www.justice.gov/eoir/ 

statspub/fy13syb.pdf.1

Moreover, a significant number of 

aliens appeared before EOIR without 

representation. Forty-one percent of the 

aliens whose immigration proceedings 

were completed in FY 2013, or 71,653 

aliens, were unrepresented. See 2013 

EOIR Stat. Y.B. F1. Non-detained aliens 

are much more likely to be represented 

before the Immigration Courts, as are 

aliens who have been released from 

detention. Of the 265,708 initial case 


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2Following the issuance of Executive Order 

13563, the Department issued the Plan on August 

22, 2011, identifying several regulations that it 

planned to review during the next two years. 

Pursuant to the Plan, the Department is conducting 

a retrospective review of portions of the EOIR 

regulations, including part 1003 of chapter V of title 

8 of the Code of Federal Regulations. 3The ANPRM also provides notice that the 

Department intends to standardize citations and 

terms to ensure consistency within the EOIR 

regulations and with respect to the DHS regulations. 

As indicated in the Plan and discussed in the 

ANPRM, the revisions to this rule include updated 

references to DHS, by changing the term ‘‘the 

Service’’ to ‘‘DHS.’’ 

4EOIR/AILA Liaison Meeting Questions and 

Answers are available at http://www.justice.gov/

eoir/ailaarchive.htm. AILA also raised the issue of 

separate appearances at several other EOIR/AILA 

Liaison meetings, including those held on October 

10, 2007; October 21, 2008; and April 6, 2011. 

5These regulations remain substantially 

unchanged, except that former sections 292.1, 292.4 

and 292.5(a) of the regulations were redesignated as 

sections 1292.1, 1292.4, and 1292.5(a) in 2003 in 

response to the Homeland Security Act of 2002, 

which transferred the responsibilities of the former 

Immigration and Naturalization Service to the 

newly created Department of Homeland Security. 

See 68 Fed. Reg. 10350 (Mar. 5, 2003). 

6All fifty states and the District of Columbia have 

rules governing limited appearances, many of 

which permit an attorney to limit the scope of 

representation in a particular matter to, for 

example, the preparation of court submissions 

without requiring the attorney to appear as counsel 

of record. See http://www.americanbar.org/groups/ 

delivery_legal_services/resources/pro_se_

unbundling_resource_center/limited_

appearances.html. 

completions for detained aliens from FY 

2011 to FY 2013, 210,633 aliens, or 79 

percent, were unrepresented. By 

contrast, of the 214,506 initial case 

completions during the same timeframe 

for aliens who were never detained, 

only 50,075 aliens, or 23 percent, were 

unrepresented. Similarly, of the 90,316 

initial case completions during the same 

timeframe for detained aliens who were 

released, only 25,426 aliens, or 28 

percent, were unrepresented. 

Immigration proceedings involving 

unrepresented aliens often require more 

time than those involving represented 

aliens. For instance, immigration judges 

may need to spend additional time to 

ensure that unrepresented aliens 

understand the nature and purpose of 

the removal process, as well as their 

rights and responsibilities. An 

unrepresented alien may also ask for a 

continuance (or continuances) of his or 

her proceedings to obtain counsel. By 

contrast, aliens who are represented are 

likely to have discussed their 

proceedings, including their rights and 

responsibilities, with their counsel in 

advance of a hearing, and thereby avoid 

additional delays of the kind that may 

occur with respect to aliens who lack 

representation. 

III. Proposed Amendment To Permit 

Separate Appearances 

In order for a representative to enter 

an appearance solely for custody and 

bond proceedings before the 

Immigration Courts, EOIR is proposing 

to amend its regulations to specifically 

allow separate appearances in such 

proceedings. Permitting such separate 

appearances is expected to encourage 

more attorneys and accredited 

representatives to agree to represent 

aliens who would otherwise appear pro 

se at their custody and bond 

proceedings, which, in turn, will benefit 

the public by increasing the efficiency 

of the Immigration Courts. 

Providing for separate appearances in 

custody and bond proceedings has been 

of significant and longstanding interest 

to public stakeholders. On September 

28, 2012, EOIR published an advance 

notice of proposed rulemaking 

(ANPRM), which requested the public’s 

input on potential amendments to the 

EOIR regulations pursuant to the 

Department of Justice’s Plan for 

Retrospective Analysis of Existing Rules 

(Plan).2 See Retrospective Regulatory 

Review Under E.O. 13563, 77 FR 59567 

(Sept. 28, 2012). The ANPRM included 

notification that EOIR planned to 

evaluate whether to propose a rule 

providing for separate appearances in 

bond proceedings. See 77 FR 59569.3 In 

response to the ANPRM, EOIR received 

comments from the public in support of 

permitting such appearances. 

Specifically, commenters noted that 

permitting separate appearances would 

increase the level of representation of 

aliens in custody and bond proceedings 

and improve the efficiency of those 

proceedings. 

These comments echoed statements 

made previously by public interest 

groups that have indicated that more 

attorneys would be willing to represent 

detained aliens, including as pro bono 

counsel, if they were able to enter an 

appearance exclusively for custody and 

bond proceedings. For example, since 

2007, the American Immigration 

Lawyers Association (AILA), in public 

meetings with EOIR, has continuously 

appealed to EOIR to amend its rules to 

allow representatives to enter a separate 

appearance on behalf of an alien for 

custody and bond proceedings, without 

such appearance also constituting an 

appearance for removal and deportation 

proceedings. Specifically, AILA has 

stated that separate appearances 

‘‘encourage pro bono representation and 

provide greater flexibility for attorneys 

and clients to agree on the scope of 

representation based on the client’s 

needs and resources.’’ EOIR/AILA 

Liaison Meeting Agenda Questions and 

Answers, March 29, 2012, at 10.4

In light of the anticipated benefits and 

public support detailed above, EOIR has 

decided to promulgate this separate 

rulemaking proposing to amend its 

regulations at 8 CFR 1003.17 to 

explicitly allow for separate 

appearances in custody and bond 

proceedings. Under EOIR’s regulations, 

such proceedings are separate and apart 

from removal and deportation 

proceedings. See 8 CFR 1003.19(d); 

Matter of Guerra, 24 I&N Dec 37, 40 n.2 

(BIA 2006); Matter of R–S–H-, 23 I&N 

Dec 629, 630 n.7 (BIA 2003). This 

proposed rule effectuates that separation 

by requiring Notices of Entry of 

Appearance to be filed separately for 

different types of proceedings. 

Specifically, an attorney or 

representative who appears on behalf of 

an alien in his or her custody and bond 

proceedings will not be held responsible 

for appearing, filing documents, 

receiving notices, or any of the other 

duties enumerated in 8 CFR 1292.5(a) in 

the alien’s other proceedings, unless 

and until the attorney or representative 

files a Notice of Entry of Appearance in 

such proceedings. 

The Board has held in a precedential 

decision that a representative of record 

cannot enter a ‘‘limited’’ appearance in 

immigration proceedings. See Matter of 

Velasquez, 19 I&N Dec. 377, 384 (BIA 

1986). In Matter of Velasquez, the Board 

cited to the regulations in effect at the 

time, 8 CFR 292.1, 292.4 and 292.5(a) 

(1986),5 which identified who was 

eligible to appear as a representative, 

the form a representative needed to file 

to enter an appearance, and the notice 

requirements. Those regulations did not 

include a provision for limited or 

separate appearances. This proposed 

rule leaves intact the holding in Matter 

of Velasquez, as a separate appearance 

in custody and bond proceedings would 

not be considered a ‘‘limited’’ 

appearance, which is generally 

understood to refer to a limit in the 

scope of representation required by a 

representative.6 By contrast, this 

proposed rule would require a 

representative of record to represent an 

alien in all aspects of each separate type 

of proceeding, unless the Immigration 

Court grants a motion to withdraw or 

substitute counsel. 

Under the current regulations, 

representatives are already required to 

file a Notice of Entry of Appearance on 

Form EOIR–28 in any proceedings 

before an immigration judge. See 8 CFR 

1003.17. Under this proposed 

amendment to EOIR’s regulations, 

representatives will continue to be 


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Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Proposed Rules 55661 

required to file a Form EOIR–28 in 

custody and bond proceedings as 

required by 8 CFR 1003.17. However, 

the Form EOIR–28 will be amended to 

require a representative to indicate if he 

or she is entering an appearance for 

custody and bond proceedings only, any 

other proceedings only, or for all 

proceedings. 

The Department welcomes public 

comment on the proposed amendments 

to EOIR’s regulations providing for 

separate appearances before the 

Immigration Court for custody and bond 

proceedings. 

IV. Regulatory Requirements 

A. Regulatory Flexibility Act 

The Department has reviewed this 

regulation in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)) and has determined that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The rule will 

not regulate ‘‘small entities,’’ as that 

term is defined in 5 U.S.C. 601(6). 

B. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

C. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

804. This rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

D. Executive Order 12866 and Executive 

Order 13563 (Regulatory Planning and 

Review) 

The Department has determined that 

this rule is not a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866, Regulatory Planning and 

Review and, therefore, it has not been 

reviewed by the Office of Management 

and Budget. Nevertheless, the 

Department certifies that this regulation 

has been drafted in accordance with the 

principles of Executive Order 12866, 

section 1(b), and Executive Order 13563. 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits, 

including consideration of potential 

economic, environmental, public health, 

and safety effects, distributive impacts, 

and equity. 

The benefits of this proposed rule 

include increased representation of 

detained aliens by permitting a 

representative to enter an appearance 

before the Immigration Court for the 

discrete task of securing a bond or 

release from detention, without 

requiring the representative also to 

represent the alien in all of the alien’s 

immigration proceedings. The public 

will benefit from this amendment to the 

regulations, because the amendment 

will make it easier for aliens who may 

not be able to afford to hire an attorney 

for all of their proceedings before the 

Immigration Court to at least be able to 

be represented during their custody and 

bond proceedings. The Department 

anticipates that this rule will also have 

a positive economic impact on the 

Department, because increasing the 

number of aliens who are represented in 

their custody and bond proceedings will 

enable immigration judges to adjudicate 

proceedings in a more effective and 

timely manner, adding to the overall 

efficiency of immigration proceedings. 

The Department does not foresee any 

burdens to the public or the 

Department. 

E. Executive Order 13132 (Federalism) 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant preparation of a federalism 

summary impact statement. 

F. Executive Order 12988 (Civil Justice 

Reform) 

This rule has been prepared in 

accordance with the standards in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988. 

G. Paperwork Reduction Act 

The information collection 

requirement (Form EOIR–28) contained 

in this rule has been previously 

approved by the Office of Management 

and Budget under the provisions of the 

Paperwork Reduction Act. This 

proposed rule contains revised 

recordkeeping and reporting 

requirements. Specifically, EOIR will 

collect additional information on the 

Notice of Entry of Appearance form 

indicating the type of proceeding(s) for 

which an attorney or representative is 

entering his or her appearance. 

Accordingly, the Department submitted 

a copy of this rule to the Office of 

Management and Budget. 

List of Subjects 

8 CFR Part 1003 

Administrative practice and 

procedure, Aliens, Immigration, Legal 

services, Organization and functions 

(Government agencies). 

Accordingly, for the reasons stated in 

the preamble, the Attorney General is 

proposing to amend part 1003 of chapter 

V of title 8 of the Code of Federal 

Regulations as follows: 

PART 1003—EXECUTIVE OFFICE FOR 

IMMIGRATION REVIEW 

■ 1. The authority citation for part 1003 

continues to read as follows: 

Authority: 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. 

■ 2. Amend § 1003.17 by revising 

paragraph (a), to read as follows: 

§ 1003.17 Appearances 

(a) In any proceeding before an 

Immigration Judge in which the alien is 

represented, the attorney or 

representative shall file a Notice of 

Entry of Appearance on Form EOIR–28 

with the Immigration Court, and shall 

serve a copy of the Notice of Entry of 

Appearance on the DHS as required by 

§ 1003.32(a). The entry of appearance of 

an attorney or representative in a 

custody or bond proceeding shall be 

separate and apart from an entry of 

appearance in any other proceeding 

before the Immigration Court. An 

attorney or representative may file an 

EOIR–28 indicating whether the entry of 

appearance is for custody or bond 

proceedings only, any other proceedings 

only, or for all proceedings. Such Notice 

of Entry of Appearance must be filed 

and served even if a separate Notice of 


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55662 Federal Register / Vol. 79, No. 180 / Wednesday, September 17, 2014 / Proposed Rules 

1EOIR, a component of the Department of Justice, 

includes the immigration judges and the Board of 

Immigration Appeals. The immigration judges, who 

are appointed by the Attorney General, conduct 

removal proceedings and other immigration 

proceedings, resolving questions such as whether 

an alien is inadmissible to or deportable from the 

United States, and whether he or she qualifies for 

relief from removal. 

2The term ‘‘immigration court location,’’ as used 

in this proposed rule, refers both to the immigration 

courts and to facilities where hearings may be 

conducted, but where no EOIR personnel have a 

permanent duty station. 

3 In addition, the Department of Homeland 

Security (DHS) provides a modified version of 

EOIR’s List to asylum applicants before that agency, 

and DHS provides EOIR’s List to aliens in certain 

other instances as well. As explained in more detail 

below, this proposed rule does not limit DHS’s 

ability to provide aliens with EOIR’s List or with 

DHS’s modified versions of the List. 

Entry of Appearance(s) has previously 

been filed with the DHS for 

appearance(s) before the DHS. 

* * * * * 

Dated: July 29, 2014. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2014–21679 Filed 9–16–14; 8:45 am] 

BILLING CODE 4410–30–P 

DEPARTMENT OF JUSTICE 

Executive Office for Immigration 

Review 

8 CFR Parts 1003, 1240, and 1241 

[EOIR Docket No. 164P; AG Order No. 3463– 

2014] 

RIN 1125–AA62 

List of Pro Bono Legal Service 

Providers for Aliens in Immigration 

Proceedings 

AGENCY: Executive Office for 

Immigration Review, Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This rule proposes to amend 

8 CFR parts 1003, 1240, and 1241 by 

changing the name of the ‘‘List of Free 

Legal Services Providers’’ to the ‘‘List of 

Pro Bono Legal Service Providers.’’ The 

rule also would enhance the eligibility 

requirements for organizations, private 

attorneys, and referral services to be 

included on the List of Pro Bono Legal 

Service Providers (List). 

DATES: Electronic comments must be 

submitted and written comments must 

be postmarked on or before November 

17, 2014. The electronic Federal Docket 

Management System at 

www.regulations.gov will accept 

electronic comments submitted prior to 

midnight Eastern Time at the end of that 

day. 

ADDRESSES: Please submit written 

comments to Jeff Rosenblum, General 

Counsel, Executive Office for 

Immigration Review, 5107 Leesburg 

Pike, Suite 2600, Falls Church, Virginia, 

20530. To ensure proper handling, 

please reference RIN 1125–AA62 or 

EOIR docket number 164P on your 

correspondence. You may view an 

electronic version and provide 

comments via the Internet by using the 

www.regulations.gov comment form for 

this regulation. When submitting 

comments electronically, you must 

include RIN 1125–AA62 in the subject 

box. See Section I of the SUPPLEMENTARY

INFORMATION section for more 

information. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Rosenblum, General Counsel, Executive 

Office for Immigration Review, 5107 

Leesburg Pike, Suite 2600, Falls Church, 

Virginia 20530, telephone (703) 305– 

0470 (not a toll-free call). 

SUPPLEMENTARY INFORMATION: 

I. Public Participation—Posting of 

Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at 

www.regulations.gov. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also locate 

all the personal identifying information 

you do not want posted online in the 

first paragraph of your comment and 

identify what information you want 

redacted. 

If you want to submit confidential 

business information as part of your 

comment but do not want it to be posted 

online, you must include the phrase 

‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. If a comment has 

so much confidential business 

information that it cannot be effectively 

redacted, all or part of that comment 

may not be posted on 

www.regulations.gov. 

Personal identifying information 

identified and located as set forth above 

will be placed in the agency’s public 

docket file, but not posted online. 

Confidential business information 

identified and located as set forth above 

will not be placed in the public docket 

file. If you wish to inspect the agency’s 

public docket file in person by 

appointment, please see the FOR

FURTHER INFORMATION CONTACT section. 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of this rule. 

Comments that will provide the most 

assistance to the Department of Justice 

will reference a specific portion of the 

rule, explain the reason for any 

recommended change, and include data, 

information, or authority that support 

the recommended change. 

For access to the electronic docket to 

read background documents or 

comments received, go to 

www.regulations.gov. Submitted 

comments may also be inspected at the 

Executive Office for Immigration 

Review, 5107 Leesburg Pike, Suite 2600, 

Falls Church, Virginia 20530. To make 

an appointment, please contact EOIR at 

(703) 305–0470 (not a toll-free call). 

II. Explanation of Proposed Changes 

Aliens who are placed in removal 

proceedings pursuant to section 240 of 

the Immigration and Nationality Act 

(Act or INA), or who seek asylum under 

section 208 of the Act (whether or not 

in removal proceedings), must be 

provided with a list of persons who 

have indicated their availability to 

represent aliens on a pro bono basis. See 

INA 208(d)(4)(B) (relating to asylum 

proceedings), and INA 239(a)(1)(E), 

(b)(2) (relating to removal proceedings). 

In order to meet this statutory 

obligation, the Executive Office for 

Immigration Review (EOIR) publishes 

the Free Legal Services Providers List 

(List).1 The regulations governing the 

List were promulgated on February 28, 

1997, at 62 FR 9071, and are found at 

8 CFR 1003.61–1003.65. The List is 

organized by immigration court 

location; 2 for each location, the List 

provides the names of private attorneys 

and non-profit organizations aliens in 

proceedings may contact for free legal 

services. At each location, aliens are 

given the portion of the List with the 

providers for that location. The 

complete List is posted on the EOIR 

Web site.3 See www.usdoj.gov/eoir/

probono/states.htm. 

The List is central to EOIR’s efforts to 

improve the amount and quality of 

representation before its adjudicators, 

and it is an essential tool to inform 

aliens in proceedings before EOIR of 

available pro bono legal services. 

However, as explained further below, 


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