28 C.F.R. § 68.33
Appearance and representation.
Cite as 28 C.F.R. § 68.33 (1998 ed.)
(a) Appearances. Any party shall have the right to appear at a hearing to examine and cross-examine witnesses, and to introduce into the record documentary or other relevant evidence, except that the participation of any intervenor shall be limited to the extent prescribed by the Administrative Law Judge. (b) Representation. (1) A party may be represented by an attorney qualified under paragraph (b)(4) of this section, at no expense to the Government. (2) Any person compelled to testify in a proceeding in response to a subpoena may be accompanied, represented, and advised by counsel. (3) The Department of Justice may be represented by the appropriate counsel in these proceedings. (4) Qualifications of attorneys. An attorney at law who is admitted to practice before the federal courts or before the highest court of any state, the District of Columbia, or any territory or commonwealth of the United States, may practice before the Administrative Law Judges. An attorney's own representation that he/she is in good standing before any of such courts shall be sufficient proof thereof, unless otherwise ordered by the Administrative Law Judge. (5) Except for a government attorney filing a complaint pursuant to sections 274A, 274B, or 274C of the INA, each attorney shall file a notice of appearance. Such notice shall indicate the name of the case or controversy, the case number if assigned, and the party on whose behalf the appearance is made. The notice of appearance shall be signed by the attorney, and shall be accompanied by a certification indicating that such notice was served on all parties of record. A request for a hearing signed by an attorney and filed with the Immigration and Naturalization Service pursuant to section 274A(e)(3)(A) or 274C(d)(2)(A) of the INA, and containing the same information as required by this section, shall be considered a notice of appearance on behalf of the respondent for whom the request was made. (6) Authority for representation. Any individual acting in a representative capacity in any adjudicative proceeding may be required by the Administrative Law Judge to show his/her authority to act in such capacity. (c) Withdrawal or substitution of an attorney. Withdrawal or substitution of an attorney may be permitted by the Administrative Law Judge upon written motion.