11.12 - Reinstatement

(a) Expiration of Suspension — When a period of suspension has run, reinstatement is not automatic.  8 C.F.R. § 1003.107(a).  With exceptions for accredited representatives specified in subsection (c), a practitioner who has been suspended from immigration practice and who wishes to be reinstated must:

• file a motion with the Board requesting to be reinstated
• show that they can meet the definition of “attorney” set forth in 8 C.F.R. § 1001.1(f) (or § 1001.1(j) if a “representative”)
• serve a copy of such motion on the EOIR Disciplinary Counsel and the DHS Disciplinary Counsel.  8 C.F.R. § 1003.107(a)(1)

The EOIR Disciplinary Counsel or the DHS Disciplinary Counsel may file a written response, including supporting documents or evidence, objecting to reinstatement on the ground that the practitioner failed to comply with the terms of the suspension.  8 C.F.R. § 1003.107(a)(2).  Failure to meet the definition of an attorney or representative will result in the request for reinstatement being denied.  8 C.F.R. § 1003.107(b)(3).  If the practitioner failed to comply with the terms of the suspension, the Board will deny the motion and indicate the circumstances under which reinstatement may be sought.

(b) Petition for Early Reinstatement — With exceptions for accredited representatives specified in subsection (c), a practitioner who has been disbarred or has been suspended for a year or more may seek early reinstatement with the Board if the practitioner:

• petitions after one year or one-half of the term of suspension has expired, whichever is greater
• can meet the regulatory definition of “attorney” or “representative,” as applicable, in 8 C.F.R. § 1001.1(f) or § 1001.1(j)
• can demonstrate by clear, unequivocal, and convincing evidence that the practitioner possesses the moral and professional qualifications required to return to immigration practice
• can show that reinstatement will not be detrimental to the administration of justice

8 C.F.R. § 1003.107(b)(1).  Matter of Krivonos, 24 I&N Dec. 292, 293 (BIA 2007).  Failure to meet any one of these criteria will result in the request for reinstatement being denied.  Once a request for reinstatement is denied, the practitioner may not seek reinstatement for another full year unless the practitioner is eligible under subsection (a) above.  8 C.F.R. § 1003.107(b)(3).  The Board may, in its discretion, hold a hearing to determine if the practitioner meets all the regulatory requirements for reinstatement.

Requests for reinstatement must be served on the EOIR Disciplinary Counsel and the DHS Disciplinary Counsel.  8 C.F.R. § 1003.107(b)(1).

          (c) Accredited Representatives — 

          (1) Suspended — When an accredited representative is suspended past the expiration of the period of accreditation, the representative may not seek reinstatement.  After the representative’s suspension period has expired, a new request for accreditation may be submitted by the recognized organization pursuant to 8 C.F.R. § 1292.13.  8 C.F.R. § 1003.107(c)(1).

          (2) Disbarred — An accredited representative who has been disbarred may not seek reinstatement.  8 C.F.R. § 1003.107(c)(2).

(d) Cases Pending at the Time of Reinstatement — Suspension or disbarment by the Board terminates representation.  A practitioner reinstated to immigration practice by the Board who wishes to represent individuals before the Board or the immigration courts must enter a new appearance in each case, even if the practitioner was the practitioner of record at the time that discipline was imposed.  The practitioner should include proof of reinstatement with each new appearance.  See Chapter 2.1(Representation and Appearances Generally).