2. . Presented by: Tara Pinkham Church World Service June 2010

3. Disclaimer This information is not intended to provide legal advice or substitute for the advice of a competent attorney. It is only intended to inform you and help you learn more about immigration legal matters. Church World Service has made all efforts to provide up-to-date, complete, and correct information but, due to frequent changes in immigration law and procedure, Church World Service cannot make any claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained herein or on the external website links provided. 2

4. Outline of presentation What is the BIA? Practice of Law Unauthorized Practice of Law Differences Between Recognition and Accreditation Recognition Accreditation Disciplinary proceedings 3

5. What is the BIA? Part of the Department of Justice Appellate Body of Immigration Courts Adjudicated Requests for Recognition and Accreditation to Practice Immigration Law Separate from USCIS 4

6. Practice of Law What is it? The act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief or other document, paper, application, or petition on behalf of another person or client before or with USCIS, or any officer of USCIS or the BIA (8 CFR § 1.1(i) (2009). Examples of practicing law 5

7. Who is authorized to immigration law practice in the US? An attorney licensed in NY practicing in CA A patent attorney filing an immigration application for his brother A BIA accredited representative working at the IRS A person who received a law degree in the Dominican Republic A notario Paralegal supervised by an attorney Humanitarian Bono from U2 6

8. Types of Assistance That Do Not Constitute the Practice of Law Complete form as instructed that was brought to you – NO INTERPRETATION OF QUESTIONS Translate without interpretation Refer to immigration attorney or BIA accredited rep Filling out intake form Gathering supporting documentation for case ****MAKE IT CLEAR YOU ARE NOT AN ATTORNEY OR ACCREDITED REPRESENTATIVE!!!!**** 7

9. What happens when unauthorized practitioners practice law: For the applicant: Application denied Lose fees Placed into removal proceedings For the unauthorized practitioner: Pays heavy fine Goes to jail For the organization: Opens up liability Lawsuit 8

10. BIA Recognition and Accreditation Process that allows non-attorney representatives to practice immigration law Created to provide low income immigrants with highly competent and quality legal services 9

11. BIA Recognition and Accreditation Recognition Accreditation process whereby the BIA permits a non-for-profit organization to have non-attorney representative on staff to practice immigration law Permanent, unless revoked For the organization Must have accredited representatives or attorney on staff to actually provide legal services Not-for-profit organization designates who it wants to practice immigration law Only valid for 3 years, must renew For individual employee of recognized organization Must work at the not-for- profit organization that filed the accreditation request for accreditation to remain valid 10

12. Relationship between BIA Recognition and Accreditation Married for life No annulment or divorce One cannot act without the other 11

13. Benefits to BIA Recognition and Accreditation Strengthens program More complete/professional services Can exchange information with USCIS without client being present Can represent clients at USCIS interviews or in immigration court Quality immigration advice Substantive immigration training required Need to maintain continuous training for renewal Save expenses 12

14. BIA Recognition What organizations can be recognized? A non-profit religious, charitable, social service, or similar organization; Established in the United States; Must demonstrate that: 1) “it makes only nominal charges;” 2) “assesses no excessive membership dues for persons given assistance;” and 3) “it has at its disposal adequate knowledge, information and experience” with regard to immigration law -8 CFR §292.2 (a); §1292.2 (a) 13

15. To obtain recognition, agency must have at least one of the following: A local attorney who: Works with the agency, Volunteers on a pro bono basis with the agency, or Has some other formal arrangement with the agency; A representative* who is fully accredited by the BIA; or A representative* who is partially accredited by the BIA and who has access to additional expertise. *The application for an accredited representative may be filed simultaneously with the agency application. 14

16. What can a recognized agency do? Offer direct legal services to immigrant community if it has an accredited representative on staff Don’t overstep competence Apply for accreditation of full or part-time employees and volunteers to practice immigration law Be placed on the BIA Recognized Agency Roster BIA Recognized Agency Roster 15

17. Miscellaneous Recognition If an agency has several sites, each site must seek separate recognition. Recognition may be withdrawn by BIA if agency fails to maintain qualifications. Withdrawal process described at 8 CFR §292.2(c); §1292.2 (c) 16

18. Preliminary Steps Before Filing BIA Recognition Application Develop law library Make connections with local immigration attorney, immigration organizations, & USCIS These linkages will help recognition process (need recommendation letters) Develop fee schedule 17

19. Immigration Library Resource List REQUIRED Immigration and Nationality Act (hard copy recommended) Regulation (hard copy recommended) BIA Case Law Websites (uscis.gov, justice.gov/eoir, gpoaaccess.gov, aila.org, nilc.org, ilrc.org, ilw.com) Listservs (recommend caircoalition on Yahoo groups) Interpreter’s Releases or Immigration Bulletin ILRC Manuals Memberships in immigration organizations Access to other libraries 18

20. Application Process Following documentation needs to be in the submission packet: Form EOIR-31, Request for Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization (no fee required) Cover letter Articles of Incorporation for the Organization By-laws of the Organization 501(c)(3) letter Law Library resources List Fee Schedule Continued... 19

21. Application Process (doc cont’d) List of funding sources Personnel Chart Resumes of staff with immigration training and experience Letters of Recommendation Agreement Letter Referring Complicated Cases Articles on the Organization Organization’s Promotional Material Copy of BIA’s prior decisions on requests for R&A 20

22. Fee Schedule Nominal fees only! Cannot be means through which organization could fund itself – if fees make up more than 50% of operational budget for legal services, BIA likely to deny request “No one will be denied services for inability to pay.” Consult other organizations for fee schedules 21

23. BIA Accreditation- Who Can Be Accredited? Person who: Has good moral character Have relevant experience in immigration and naturalization law and procedure Adequate knowledge of immigration and naturalization law and procedure Seek full or partial accreditation Full-time, part-time employee, or volunteer of recognized agency or agency applying for recognition 22

24. Accreditation Must be renewed every 3 years (if file 60 days before expiration can still practice during adjudication) Not transferrable Cannot become solo practitioner May be placed on the BIA Accredited Representative RosterBIA Accredited Representative Roster Does not allow practice of any other type of law 23

25. Types of accreditation Partial accreditation: authorizes representative to practice immigration before agencies of U.S. DHS (USCIS, ICE, BCP) Can sign G-28, file forms, attend interviews, communicate directly with government agency, and give legal advice Full accreditation: authorizes representative to practice immigration before DHS agencies, as well as Immigration Courts and BIA Can do all tasks above and represent clients in removal proceedings in Immigration Court and on appeal before BIA; can submit briefs and motions Cannot practice in federal courts (District Courts, Courts of Appeals, Supreme Court) 24

26. Preliminary Steps Before Filing Accreditation Application Training, training, training Volunteer at local immigration organization Make contacts with local immigration practitioners, organizations, and USCIS Sit in Immigration Court Trials Did I mention training? 25

27. Training Family Based Immigration Naturalization Waivers Deportation Resources for trainings – Clinic Legal, AILA.org, Probono.net, ILRC, CWS, ILW.org If you request me to hold a webinar and enough people are interested, I will gladly host it. 26

28. BIA Accreditation Process Following documentation needs to be in the submission packet: Cover letter requesting accreditation (no form for accreditation) Immigration resume of person seeking accreditation Certificates and/or agendas from immigration trainings Letters of recommendation for person seeking accreditation Awards or other documentation showing the applicant’s involvement with the community Organizational chart if not filed simultaneously Letter granting BIA recognition if not filed simultaneously 27

29. Disciplinary Proceedings BIA recognized agencies and accredited representatives are subject to disciplinary proceedings under 8 C.F.R. §292.3 and 1292.3 Disciplinary proceedings may be conducted for practitioner who has engaged in criminal, unethical, or unprofessional conduct or frivolous behavior Board may withdraw accreditation or recognition; expel or suspend practitioner; conduct public or private censure; impose other appropriate disciplinary sanctions 28

30. Disciplinary proceedings (cont.) Most states would likely hold accredited reps to same ethical standards as attorneys; see American Bar Association Model Rules of Professional Conduct Agencies should have liability insurance to cover immigration programs and staff 29

31. BIA Contact information BIA website information on Recognition and Accreditation Recognition and Accreditation BIA Clerk’s Office: 703-605-1007 Acting Recognition and Accreditation Program Coordinator: Paulomi Dhokai (paulomi.dhokai@usdoj.gov)paulomi.dhokai@usdoj.gov 30

32. Resources for BIA Recognition and Accreditation Tara Pinkham, Associate Director of Church World Service’s Immigration and Refugee Program, by email tpinkham@churchworldservice.org.tpinkham@churchworldservice.org CLINIC’s Toolkit for BIA Recognition and Accreditation available at http://www.cliniclegal.org/resources/toolkit-bia-recogition-accreditation US Regulations on BIA Recognition and Accreditation under 8 CFR 292.2 available at http://edocket.access.gpo.gov/cfr_2009/janqtr/pdf/8cfr292.2.pdf BIA Case Law Relating to BIA Recognition and Accreditation: Matter of American Paralegal Academy, Inc, 19 I & N Dec. 386 (BIA 1986) available at http://www.justice.gov/eoir/vll/intdec/vol19/3012.pdf. Matter of Lutheran Ministries of Florida, 20 I & N Dec. 185 (BIA 1990) available at http://www.justice.gov/eoir/vll/intdec/vol20/3132.pdf. http://www.justice.gov/eoir/vll/intdec/vol20/3132.pdf Matter of Baptist Educational Center, 20 I & N DEC 723 (BIA 1993) available at http://www.justice.gov/eoir/vll/intdec/vol20/3210.pdf. http://www.justice.gov/eoir/vll/intdec/vol20/3210.pdf In re Chaplain Services, INC, 21 I & N Dec. 578 (BIA 1996) available at http://www.justice.gov/eoir/vll/intdec/vol21/3292.pdf. http://www.justice.gov/eoir/vll/intdec/vol21/3292.pdf Matter of EAC, INC, 24 I & N Dec. 563 (BIA 2008) available at http://www.justice.gov/eoir/vll/intdec/vol24/3615(accred).pdf. Matter of EAC, INC, 24 I & N Dec 556 (BIA 2008) available at http://www.justice.gov/eoir/vll/intdec/vol24/3614(recog).pdf. http://www.justice.gov/eoir/vll/intdec/vol24/3614(recog).pdf 31

33. Power Point Bibliography CWS’s Immigration Law Course Power Point prepared by Natalie Sullivan Clinical Legal’s BIA Recognition and Accreditation Training Power Point, February 2010, Washington DC by Jack Holmgren, Clinic and Amy Bliss Tenney from World Relief 32