The EOIR-28 form is the Notice of Entry of Appearance an attorney or other authorized representative files with an immigration court to officially take over a respondent’s case. Until the court accepts it, the representative has no standing to appear at hearings, file documents, or receive notices. Once accepted, the representative becomes the practitioner of record and stays there until an immigration judge grants a motion to withdraw or substitute.
Who Is Allowed to File It
Only people authorized to represent respondents in immigration court can file the EOIR-28. Four categories qualify:
- Attorneys in good standing with the bar of any U.S. state, territory, possession, or the District of Columbia.1eCFR. 8 CFR 1292.1 – Representation of Others
- Fully accredited representatives working for a nonprofit organization recognized by the Board of Immigration Appeals.2Executive Office for Immigration Review. eRegistry Instructions for Attorneys and Accredited Representatives
- Law students at an accredited U.S. law school, and recent law graduates not yet admitted to the bar, appearing under the direct supervision of an EOIR-registered attorney or accredited representative who is present at every hearing.1eCFR. 8 CFR 1292.1 – Representation of Others
- Reputable individuals of good moral character with a pre-existing relationship to the respondent, appearing without payment and only with the immigration judge’s permission. This is a narrow category and cannot be used by anyone who regularly practices immigration law.1eCFR. 8 CFR 1292.1 – Representation of Others
Attorneys and fully accredited representatives must first register with the EOIR eRegistry, which assigns an EOIR ID number that has to appear on every EOIR-28 they file.3Executive Office for Immigration Review. Register or Update eRegistry Law students, law graduates, reputable individuals, and partially accredited representatives do not register through eRegistry.2Executive Office for Immigration Review. eRegistry Instructions for Attorneys and Accredited Representatives
What the Form Requires
The form collects identifying details for both sides of the representation. For the respondent, it asks for full legal name and Alien Registration Number (A-Number). For the representative, it asks for a full mailing address, email address, telephone number, and the EOIR ID number where one applies.2Executive Office for Immigration Review. eRegistry Instructions for Attorneys and Accredited Representatives
Attorneys also enter their state bar number and confirm good standing. Every filer checks a box indicating which authorized-representative category they fall under. Missing or incorrect information can get the filing rejected, which means the representative is not yet on the case.
Choosing the Scope of Appearance
The form asks the representative to select one of three scopes:
- All proceedings before the immigration court
- Custody and bond proceedings only
- All proceedings other than custody and bond
The choice matters because a bond hearing is treated as separate from the merits case.4eCFR. 8 CFR 1003.17 – Entry of Appearance A representative who enters only for bond has no authority on the removal case, and the reverse is also true. If you intend to handle both, select “all proceedings.” This is a common source of confusion when different attorneys handle bond and merits.
How to File and Serve It
Electronic Filing Through ECAS
Since February 2022, electronic filing through the EOIR Courts and Appeals System (ECAS) has been mandatory for registered attorneys and fully accredited representatives.5Executive Office for Immigration Review. EOIR Courts and Appeals System (ECAS) – Online Filing ECAS uploads the form directly into the electronic record of proceedings. Both DHS and private attorneys or fully accredited representatives are treated as always participating in ECAS, so EOIR completes service on the opposing party automatically. No separate step is required to serve DHS.6Executive Office for Immigration Review. ECAS – DHS
Paper Filing
Paper filing remains available for people who are not required to use ECAS, such as law students, reputable individuals, and partially accredited representatives. The paper form goes to the immigration court where the case is pending, either by hand delivery or by mail. When filing on paper, the representative must separately serve DHS, usually at the local DHS office, and complete the proof-of-service section at the bottom of the form certifying that delivery.7United States Department of Justice. EOIR Policy Manual – 5.3 – Entering an Appearance as the Practitioner of Record8U.S. Department of Justice. Form EOIR 28 – Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court
What Filing Actually Commits You To
Once the court accepts the EOIR-28, the representative is the practitioner of record. That carries real weight. The practitioner must appear at all hearings within the scope selected, file all documents on the respondent’s behalf, and accept service of everything filed in the case.4eCFR. 8 CFR 1003.17 – Entry of Appearance The court then sends notices and orders to the representative rather than to the respondent. A missed deadline or missed hearing lands on the respondent’s case. Filing also gives the practitioner access to the record of proceedings while the case is active.
If more than one attorney works on the case, each files a separate EOIR-28, and each becomes a practitioner of record with the full obligations that come with it. One is typically designated as the primary practitioner for receiving notices.7United States Department of Justice. EOIR Policy Manual – 5.3 – Entering an Appearance as the Practitioner of Record
Getting Off the Case
A representative cannot simply stop appearing. They remain the practitioner of record until an immigration judge grants a motion to withdraw.4eCFR. 8 CFR 1003.17 – Entry of Appearance The motion, written or oral, has to state the scope of the withdrawal, give reasons consistent with ethics rules, provide the respondent’s last known address, show that the respondent was notified about the withdrawal along with any pending deadlines and the next hearing date, and either show the respondent’s consent or explain why consent could not be obtained.9Executive Office for Immigration Review. EOIR Policy Manual – 5.4 – Changes in Representation
Judges weigh how close the next hearing is and the reasons given. A motion filed days before a hearing is much less likely to be granted.
When a respondent wants to switch representatives, the new one files a motion for substitution of counsel together with a new EOIR-28. Until the judge grants the substitution, the original practitioner stays on the case and must keep appearing.9Executive Office for Immigration Review. EOIR Policy Manual – 5.4 – Changes in Representation
What the EOIR-28 Does Not Cover
The EOIR-28 covers proceedings only before an immigration judge. If the case is appealed to the Board of Immigration Appeals, the representative has to file a separate Form EOIR-27 to enter an appearance at the appellate level. Neither form carries over to the other; each level requires its own filing.10Executive Office for Immigration Review. Enter an Appearance
The form also does not apply to limited document assistance. A representative who only helps a respondent draft or prepare filings, without taking over the case, files Form EOIR-61 instead. That filing does not make the person the practitioner of record, does not require them to appear at hearings, and does not put them on the court’s service list. Respondents who receive only document help remain pro se as far as the court is concerned.4eCFR. 8 CFR 1003.17 – Entry of Appearance
Where to Get the Current Form
The current EOIR-28 is available on the EOIR forms page and was most recently revised in February 2025.11Executive Office for Immigration Review. EOIR Forms and Fees Filers using ECAS complete the form inside the portal rather than downloading it. Paper filers should confirm they are using the current version, since immigration courts may reject outdated ones.