Changes in counsel’s address or telephone number should be made by updating the attorney’s registration information in the EOIR eRegistry to include the new address and telephone number. See Chapter 2.3 (b) (1) (eRegistry).
(1) An attorney or unrepresented party whose mailing address, telephone number, fax number, or e-mail address changes while a case is pending must promptly serve and file a written notice of the change in the reviewing court in which the case is pending. (2) The notice must specify the title and number of the case or cases to which it applies.
The new Notice of Appearance must reflect any change of address and apprise the immigration court of his or her change in affiliation. The attorney should check the “new address” box in the address block of the new Form EOIR-28, which must be served on the opposing party.
The attorney should check the “new address” box in the address block on the Notice of Appearance. The attorney should also update his or her eRegistry information online prior to submitting a new electronic or paper Form EOIR-27. See subsection (i) below.
(1) An attorney or unrepresented party whose mailing address, telephone number, fax number, or e-mail address changes while a case is pending must promptly serve and file a written notice of the change in the reviewing court in which the case is pending.
Rule 8.32. Address and other contact information of record; notice of change
If an attorney or an unrepresented party has more than one mailing address, telephone number, fax number, or e-mail address, only one mailing address, telephone number, fax number, or e-mail address for that attorney or unrepresented party may be used in a given case.
If an attorney fails to comply with mandatory eRegistry registration requirement, he or she may be administratively suspended from practice before the Board. See 8 C.F.R. § 1292.1 (f). Multiple attempts by an unregistered attorney to appear before EOIR may result in disciplinary sanctions. See 8 C.F.R. § 1003.101 (b). See Chapter 2.1 (b) (Registry Requirement).
In every instance of representation, a named attorney must enter an appearance to act as the attorney of record. Accordingly, the Board does not accept appeals, motions, briefs, or other filing submitted by a law firm, law office, or other entity, if they do not include the name and signature of the attorney of record.
If a represented alien dismisses one attorney, but retains a new attorney who immediately files a Notice of Appearance (Form EOIR‑27), the alien need not file a dismissal notice for the first attorney.
A represented alien may substitute or release counsel at his or her discretion. A representative may withdraw from representation under certain conditions. Aliens and their representatives must keep the Board apprised of all changes in representation.
Upon receipt of the new Notice of Appearance, the Board automatically recognizes new counsel, and prior counsel need not file a motion to withdraw. However, until such time as a new Notice of Appearance has been filed, prior counsel remains the attorney of record and is accountable as such.
Extension requests that are based on substitution of counsel are not favored. See Chapter 4.7 (c) (Extensions).
Circumstances may arise that require the Board to switch service of mailings from the primary attorney to a secondary attorney or representative. For example, if the primary attorney is suspended from practice before the Board and Immigration Courts, or a discrepancy exists as to the designation of primary and non-primary in received Notice of Appearances, or no designation is made by attorneys or representatives. When discrepancies occur, the Board will make reasonable efforts to resolve the discrepancy with the attorneys. However, service of Board notices and orders will not be delayed as a result of the suspension of the primary attorney, discrepancies as to designations of primary and non-primary on the Notice of Appearance, or failure to designate the primary attorney/representative. As noted above, all the attorneys are representatives of the record, and the Board may change the primary attorney designation when warranted.
§ 1003.15 (d) (2) . Changes in counsel’s address or telephone number should be made by updating the attorney’s registration information in the EOIR eRegistry to include the new address and telephone number. See Chapter 2.3 (b) (1) (eRegistry). In addition, once the new address is added to the attorney’s registration information, the attorney must submit a new electronic or paper Notice of Entry of Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28) for each alien for which the attorney address is being changed. If an attorney has multiple addresses, the attorney should make sure that the appropriate attorney address is designated for each alien. See Chapter 2.3 (c) (Appearances). The attorney also should check the “New Address” box in the address block on the Form EOIR-28. The attorney should not submit an Alien’s Change of Address Form (Form EOIRB33/IC) to notify the immigration court of a change in the attorney’s address.
In adjudicating a motion for substitution of counsel, the time remaining before the next hearing and the reason (s) given for the substitution are taken into consideration. Extension requests based on substitution of counsel are not favored.
The Executive Office for Immigration Review has the authority to impose disciplinary sanctions upon attorneys and representatives who violate rules of professional conduct before the Board of Immigration Appeals, the immigration courts, and the Department of Homeland Security. See Chapter 10 (Discipline of Practitioners). Where an attorney in a case has been suspended from practice before the immigration court and the alien has not retained new counsel, the Immigration Court treats the alien as unrepresented. In such a case, all mailings from the immigration court, including notices of hearing and orders, are mailed directly to the alien. Any filing from an attorney who has been suspended from practice before the immigration court is rejected. See Chapter 3.1 (d) (Defective Filings).
Appearances “on behalf of” occur when a second attorney appears on behalf of the attorney of record at a specific hearing before the immigration court. The attorney making the appearance need not work at the same firm as the attorney of record. Appearances “on behalf of” are permitted as described below.
An attorney may practice before the Immigration Court only if he or she is a member in good standing of the bar of the highest court of any state, possession, territory, or Commonwealth of the United States, or the District of Columbia, and is not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law. See 8 C.F.R. §§ 1001.1 (f), 1292.1 (a) (1) . Any attorney practicing before the immigration court who is the subject of such discipline in any jurisdiction must promptly notify the Executive Office for Immigration Review, Office of the General Counsel. See Chapter 10.6 (Duty to Report). In addition, an attorney must be registered with EOIR in order to practice before the immigration court. See 8 C.F.R. § 1292.1 (f), and Chapter 2.3 (b) (1) (eRegistry), below.
An alien in immigration proceedings may be represented by an attorney of his or her choosing , at no cost to the government. As in most civil or administrative proceedings, the government does not provide legal counsel. The immigration court provides aliens with a list of attorneys who may be willing to represent aliens for little or no cost, and many of these attorneys handle cases on appeal as well. See Chapter 2.2 (b) (Legal Service Providers). Bar associations and nonprofit agencies can also refer aliens to practicing attorneys.
Sometimes, an alien may retain more than one attorney at a time. In such cases, all of the attorneys are representatives of record, and will all be held responsible as attorneys for the respondent. One of the attorneys is recognized as the primary attorney (notice attorney).
Instead, the appellate court has the power to determine for itself the application, interpretation, and construction of a question of law. An appellate court, however, may not retry the evidence or make new determinations of fact in deciding the applicable law.
First, appellate judges are in as good a position to decide questions of law as trial judges, and probably better because they have the benefit of numbers. As Chief Judge Coffin noted, "Every important appellate court decision is made by a group of equals. This fact reflects the shrewd judgment of the architects of our state and federal judicial systems that an appellate judge is no wiser than a trial judge. His only claim to superior judgment lies in numbers; three, five, seven or nine heads are usually better than one." United States v. McConney , 728 F.2d 1195, 1201 n.8 (9th Cir. 1984). Second, appellate review of lower courts' conclusions of law promotes uniform development of the law, encourages consistent application of the law, and prevents forum shopping.
To obtain a second chance on appeal, you first need an appealable order or an order that comes within one of the exceptions to the final judgment rule. Even then, given the difficulty of obtaining a reversal under the clearly erroneous and abuse of discretion standards of review, your best strategy is usually to focus on legal errors, which are subject to de novo review. Only ifyou have a legal error and only if you can show that the legal error was materially harmful will you ordinarily have a real second chance on appeal.
The clearly erroneous standard also furthers judicial economy and the stability of judicial decisions by relieving appellate courts of a full-scale independent review of the evidence, curtailing appellate retrials of factual issues , and preventing redistribution of judicial power from trial courts to appellate courts.
A final judgment is an order that effectively "ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." Catlin v. United States , 324 U.S. 229, 233 (1945). Ancillary matters, such as deciding whether to award attorney fees and costs, do not prevent a judgment from being final. Frequently, it is clear that an order is a final judgment because it indicates who is to recover what from whom and what that ruling is based on - often a jury's verdict or a judge's decision after a bench trial. However, some orders that appear to end a case are not final judgments but are interlocutory orders; the most common of these are orders granting a demurrer, a motion to dismiss, or summary judgment. They are not final judgments because they usually do not clarify who obtains what relief, nor do they meet the requirement that the judgment be a separate document. See, e.g., Fed. R. Civ. P. 58 (a).
The abuse of discretion standard of review applies when appellate courts review discretionary rulings by a trial court. A trial court abuses its discretion if its decision rests upon an erroneous conclusion of law, a clearly erroneous finding of material fact, or an improper weighing of the facts and law.
An exception to this is if a party dismisses certain claims without prejudice and later there is a final ruling on the merits of the remaining claims; then, an appeal is permissible. In such circumstances, the appellate courts do not think there was an attempt to manufacture an appealable order.
You do need to let the court know how to find you, but that does not change the venue or jurisdiction for the case.
Issues of venue are interposed early on in the lawsuit. The fact that you moved does not divest the court of jurisdiction.