Form EOIR-28 guide: Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court
The official name of Form EOIR-28 is Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. It is issued by the Department of Justice's Executive Office for Immigration Review (EOIR), and an attorney or accredited representative signs it and files it with the immigration court to show that they represent a particular respondent in removal proceedings, bond proceedings, or both.
After a Notice to Appear (NTA) is received, the first step in hiring an attorney is usually the attorney's filing of an EOIR-28. Once it is filed, the court's hearing notices and decisions go to the attorney, and the attorney takes on the responsibility of continuing the representation until the judge approves withdrawal or substitution. Understanding this form helps you tell whether your attorney is really on record with the court, and how far the representation extends.
At a glance
| Item | Details |
|---|---|
| Official name | Form EOIR-28, Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court |
| Where it is filed | The immigration court hearing the case |
| Who files | The attorney or accredited representative representing the respondent |
| When to file | As soon as possible after being retained, generally before appearing in court or filing any document on the respondent's behalf |
| Can it be filed online? | In cases eligible for electronic filing, attorneys and accredited representatives must file through ECAS |
| Fee | No fee for the EOIR-28 itself |
| Current edition | Use the edition listed on the EOIR forms page (the February 2025 revision when this was verified) |
| Official page | EOIR downloadable forms page |
Who needs to file EOIR-28
- Attorneys and accredited representatives representing a respondent in immigration court, and other representatives who meet the conditions of 8 CFR 1292.1 (such as law students supervised by an attorney, or "reputable individuals" appearing without compensation);
- An attorney who appears only for a single hearing in place of the attorney of record (an "on behalf of" appearance) must also file one;
- One form for each person represented in each case; family members in the same case must each have their own.
When it does not apply:
- The case has been appealed to the Board of Immigration Appeals (BIA): use EOIR-27 instead;
- Representation before USCIS, ICE or other DHS agencies: use G-28, for example when applying to ICE for an I-246 stay of removal;
- Only drafting or completing a single document for a party without an attorney: use EOIR-61 (see below).
Legal basis
- 8 CFR 1003.17: an EOIR-28 must be filed to represent someone in immigration court; withdrawal or substitution requires the immigration judge's approval; limited appearances for document assistance;
- 8 CFR 1292.1: the categories of people who may represent parties;
- 8 CFR 1003.102: rules of professional conduct for practitioners, including failing to file a notice of appearance as required.
Tips for completing the form
- Scope of representation (choose one of three):
- All proceedings, including custody and bond;
- Custody and bond proceedings only;
- All proceedings other than custody and bond.
- Primary or non-primary representative: must be indicated except for "on behalf of" appearances. The court's mailed notices go only to the primary representative.
- Representative's eligibility: an attorney must list the courts of admission and license numbers and confirm not being subject to any disbarment, suspension or similar restriction; if subject to a restriction, the attorney must not check the box and must explain. The EOIR ID must be entered (registration in eRegistry is required first).
- Pro bono representation, and whether the representative is a Qualified Representative appointed by EOIR: check according to the actual situation.
- Signature: the representative signs, declares that the contents are true, and consents to EOIR publishing the representative's name and any disciplinary findings.
- Proof of service: serve a copy on the ICE Office of the Principal Legal Advisor; if the opposing party participates in ECAS and the filing is electronic, you can check that separate service is not required.
- Address: a change in the representative's address must first be updated in eRegistry.
Effect of filing and responsibilities
- Once the attorney is the representative of record, the attorney must attend hearings and file documents on time until the case ends or the immigration judge approves withdrawal or substitution;
- Withdrawal or substitution requires a request to the judge and approval; until it is approved, the original attorney must continue the representation;
- Having an attorney does not relieve the respondent of personal obligations: the respondent must still appear in person, and after a move must file an EOIR-33/IC on time to update the address.
Limited appearances for document assistance: EOIR-61
On September 14, 2022, the Department of Justice issued the final rule "Professional Conduct for Practitioners—Rules and Procedures, and Representation and Appearances" (87 FR 56247), which since November 14, 2022 has allowed attorneys to provide limited "document assistance" to parties without an attorney:
- The attorney may help the party draft or complete a particular motion, brief, form or other document to be filed with the court, and files an EOIR-61 (EOIR-60 at the BIA) with that document;
- The attorney does not become the representative of record, is not responsible for appearing in court or receiving documents on the party's behalf, and does not need to request withdrawal; the party remains a party without an attorney and is responsible for filing and later steps;
- The EOIR-61 cannot be filed on its own; it must be filed with the document it relates to. One form may cover a set of documents filed together, but each later filing needs a new form; representation beyond document assistance still requires an EOIR-28;
- The same rule amended the disciplinary rules (8 CFR 1003.102(t)) to target repeated failures to sign and file a notice of appearance as required;
- The current editions of EOIR-60 and EOIR-61 are the May 2025 revisions; follow the current form instructions for filing and service.
Apart from document assistance, the EOIR-28 instructions make clear that immigration court does not allow other forms of limited representation, such as representing someone on only one application for relief without appearing in court.
What to prepare
- A fully signed EOIR-28;
- The respondent's A-number, Notice to Appear (NTA) and most recent hearing notice, to help match the case;
- A written engagement agreement with the attorney (not filed with the court, but it should state clearly whether the representation covers bond, appeals and so on).
EOIR-28 compared with similar forms
| Form | Where it is used | Scope of representation |
|---|---|---|
| EOIR-28 | Immigration court | Full representation (option for bond only, or excluding bond) |
| EOIR-61 | Immigration court | Assistance with a single document for a party without an attorney |
| EOIR-27 | BIA | Full representation in that appeal or motion |
| G-28 | USCIS, ICE, CBP | Representation before DHS; immigration court does not accept it in place of an EOIR-28 |
Frequently asked questions
How can I confirm that my attorney is on record with the court?
Ask the attorney for a copy of the filed EOIR-28 or the ECAS filing record. After that, the court's notices go to the primary representative, and the attorney should promptly tell you about hearing dates.
If I have an attorney, do I still need to attend court myself?
Yes. Unless the judge orders otherwise, the respondent must appear in person as noticed. Your attorney's appearance does not replace your own attendance, and failing to appear can lead to an in absentia removal order.
Can an attorney represent me only at the bond hearing?
Yes. The EOIR-28 has a "custody and bond proceedings only" option. Agree in writing with the attorney in advance on who will handle the removal proceedings after bond.
I want to go to court on my own and only have an attorney help complete my I-589 or write a motion. Is that possible?
You can consider an EOIR-61 limited appearance for document assistance: the attorney helps only with that document, and you still appear in court yourself and are responsible for filing and deadlines.
Can my attorney stop representing me at any time?
An attorney cannot simply walk away. The attorney must ask the judge for permission to withdraw and must continue representing you until it is granted. If you want to change attorneys, the new attorney files an EOIR-28 and handles the substitution as the court requires.
Can an immigration consultant or agent file an EOIR-28?
No. Only attorneys, accredited representatives and the few categories listed in the regulations may represent parties. Representation in immigration court by immigration consultants, agents or notaries (notarios) is unlawful and may also harm your case.
Official sources
- EOIR downloadable forms page (EOIR-28, EOIR-61)
- Federal Register: 2022 final rule on representation and appearances (87 FR 56247)
- Federal regulations: 8 CFR Part 1003 (including 1003.17)
- EOIR Policy Manual: ECAS electronic filing
Related reading
- What to do if you receive a Notice to Appear (NTA)
- Master calendar and individual hearings in immigration court
- Immigration detention and bond
- Form EOIR-27 guide: attorney appearance before the BIA
- Form EOIR-33 guide: change of address for immigration court and the BIA
Have you received a Notice to Appear, or has a family member been detained, and you need an attorney to represent you in immigration court? Book an attorney assessment. We will first check the Notice to Appear and the hearing schedule, and then explain the scope of representation and next steps.
This article is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.