8.6 - Appearances

(a) Notices of Appearance — Only parties, their practitioners of record, and amicus curiae invited by the Board may participate in oral argument.  See generally Chapter 2.1 (Representation and Appearances Generally).  Every practitioner who wishes to argue before the Board must file a Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR‑27).  See Chapter 2.1(b) (Entering an Appearance as Practitioner of Record).  If, at any time after the filing of the appeal, there is a change in representation, the new practitioner must immediately file a Form EOIR-27.  See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(b)(3) (Change in Representation).

(b) Multiple Practitioners — Parties are limited to one practitioner of record to present oral argument.  See Chapter 2.1(b)(4) (Multiple practitioners of record).  If a practitioner of record wishes to share oral argument with another practitioner, or wishes another practitioner to argue in their place, they must submit a written request to the Oral Argument Coordinator at least 15 days in advance of the scheduled oral argument.  The request must also be served upon the other party.  That practitioner must both satisfy the appearance requirements and file a separate Notice of Appearance (Form EOIR‑27).  See Chapter 2.1 (Representation and Appearances Generally).  The Form EOIR-27 should reflect that their appearance is solely for the purpose of participating in oral argument, which is done by writing in large letters at the top of the form the words: “ORAL ARGUMENT ONLY.”  A paper copy of the Form EOIR-27 must be sent directly to the Oral Argument Coordinator.

Practitioners who appear solely for the purpose of oral argument are advised that, once oral argument is concluded, all notices and Board correspondence will be sent only to the practitioner of record.  The practitioner of record is responsible for providing copies of notices or correspondence to the practitioner who entered an appearance strictly for oral argument purposes.

(c) Motions to Withdraw — Once oral argument is scheduled, motions to withdraw as counsel are entertained only where good cause is shown.  See Chapter 2.1(b)(3)(C) (Withdrawal of counsel).  Substitution of counsel is permitted.  See Chapter 2.3(b)(3)(A) (Substitution of counsel).