Form EOIR-28 is the official Notice of Entry of Appearance that an attorney or accredited representative files with the Executive Office for Immigration Review to formally represent a respondent before an Immigration Judge. Filing it correctly is the single act that turns a private client agreement into a recognized appearance on the record, and skipping or botching this form means the court will treat your client as unrepresented.
The stakes are real. According to a TRAC Immigration study, respondents with counsel are five times more likely to win relief than those without, yet thousands of cases each year stall because an EOIR-28 was filed late, incomplete, or in the wrong system. A 2024 EOIR data release confirmed that more than 3.7 million cases were pending in immigration court, and ECAS-linked filings now account for the overwhelming majority of new appearance entries under the EOIR Policy Manual.
Here is what you will learn in this guide:
- 📝 How to complete every line of the current EOIR-28 form without triggering a rejection
- ⚖️ The difference between full and limited (partial) representation under 8 C.F.R. § 1003.17
- 💻 How paper filing and ECAS electronic filing differ, and which one your court requires
- 🚫 The most common mistakes that cause an EOIR-28 to be rejected or stricken
- 📚 The court rulings, statutes, and state-bar rules that shape every appearance decision
What Is DOJ Form EOIR-28?
Form EOIR-28 is the Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court. It tells the Immigration Judge, the Department of Homeland Security trial attorney, and the court clerk that a specific licensed attorney or recognized accredited representative is now responsible for a respondent’s case. Without a properly filed EOIR-28, the court ignores anything you submit on the client’s behalf.
The form lives at the trial level only. It is not for the Board of Immigration Appeals, which uses Form EOIR-27, and it is not for filings with USCIS, which uses Form G-28. Mixing these forms is the single most common mistake new immigration practitioners make, and the consequence is that your appearance never enters the record.
EOIR-28 also serves a second purpose. It is the form the court uses to verify your bar standing, your contact information for hearing notices, and your scope of representation. The form is updated periodically, and the version posted on the EOIR forms list is the only version the court will accept.
Who Must File EOIR-28
Every attorney licensed in any U.S. state, territory, or the District of Columbia must file an EOIR-28 before speaking on the record for a respondent. Accredited representatives working for a recognized organization must also file. Law students and law graduates may appear under 8 C.F.R. § 1292.1(a)(2), but they file an EOIR-28 with a supervising attorney’s signature and a special law-student appearance request.
The consequence of failing to file is severe. The Immigration Judge will refuse to accept motions, applications, or oral argument from anyone not on the EOIR-28. A real-world example: in 2023, an attorney in Houston filed a Form I-589 asylum application for her client but forgot the EOIR-28; the judge struck the filing and the client missed the one-year filing deadline.
A common misconception is that signing a retainer or client agreement is enough. It is not. The retainer governs the lawyer-client relationship, but only the EOIR-28 governs the lawyer-court relationship.
Where EOIR-28 Fits in the Bigger Picture
Think of EOIR-28 as a key, not a contract. It unlocks the door to the courtroom file, but it does not create the duty of competence, loyalty, or confidentiality. Those duties come from your state bar’s Rules of Professional Conduct and from federal regulations at 8 C.F.R. § 1003.102.
The form also intersects with the court’s e-filing system, the ECAS portal, which is now mandatory for most attorneys in non-detained dockets. If you skip the electronic version when ECAS is required, the court will reject the paper EOIR-28 and the appearance will not register.
Step-by-Step: How to Fill Out Form EOIR-28
The current paper version of EOIR-28 has eight numbered sections. The ECAS electronic version mirrors these fields but auto-populates several from your EOIR-33 attorney registration. Both versions require the same information, and both are governed by 8 C.F.R. § 1003.17.
Before you start, gather four items. You need your EOIR ID number, your state bar number and admission state, the respondent’s A-number, and the exact spelling of the respondent’s name as it appears on the Notice to Appear. A typo in any of these fields will trigger a rejection.
Section 1: Type of Appearance
This section asks whether you are entering a new appearance, substituting for prior counsel, or filing a limited appearance. A new appearance means no other attorney is currently on the EOIR-28; you are the first or only counsel of record. Substitution means you are replacing a prior attorney, and the prior counsel must withdraw on the same day or you must explain why withdrawal is impossible.
Limited appearance is the trickiest box. Under the 2022 amendments to 8 C.F.R. § 1003.17(a), an attorney can now appear for a single hearing, a single motion, or a single application. The consequence of choosing limited appearance is that you are bound only to that discrete task, but you must say exactly what the task is, or the court will treat you as full counsel.
A common misconception is that limited appearance is the same as ghostwriting. It is not. Ghostwriting, where an attorney drafts documents without signing them, is prohibited under Matter of Velasquez and most state bar rules.
Section 2: Respondent Information
Enter the respondent’s full legal name, A-number, and date of birth. The A-number is a nine-digit alien registration number that begins with the letter A. If the respondent has multiple A-numbers from prior encounters, use the lead A-number listed on the most recent NTA.
A real example: Attorney Maria Reyes in Los Angeles represents a Honduran asylum seeker named Carlos Mejia. Carlos was apprehended twice and has two A-numbers. Maria writes the lead A-number on Section 2, lists the second A-number in the comments box, and avoids a clerical mismatch that would have delayed his hearing by six months.
The consequence of an A-number error is that the EOIR-28 will not link to the case in the Automated Case Information System, and you will not receive hearing notices.
Section 3: Scope of Representation
This is where you describe full or limited representation in detail. For full representation, simply check the box. For limited, you must specify the scope, for example, “appearance solely for the master calendar hearing on June 14, 2026,” or “preparation and filing of Form I-589 only.”
The scope statement controls what the court expects from you. If you write “asylum application only” but then appear at the merits hearing, the judge can either treat you as full counsel or refuse to hear you. The EOIR Policy Manual, Chapter 2.1(d) requires the scope to be specific, dated, and unambiguous.
A common mistake is writing vague scopes like “advice only” or “as needed.” Those phrases will be rejected by most Immigration Judges because they leave the court guessing about your obligations.
Section 4: Attorney or Representative Information
Enter your full name, EOIR ID, business address, phone, and email. The email field is critical because ECAS sends every hearing notice and order to that address. If the email is wrong, you will miss filing deadlines and the court will not accept “I never got the notice” as an excuse.
The address must be a physical office, not a P.O. box, under the EOIR Practice Manual. The consequence of using a P.O. box is that personal service of court orders may fail, and a missed master calendar hearing can lead to an in absentia removal order against your client.
Section 5: State Bar Information
List every state where you are licensed and the bar number for each. If you are subject to any discipline, suspension, or restriction in any jurisdiction, you must disclose it here. Failure to disclose is itself a violation of 8 C.F.R. § 1003.102(j), and the EOIR Disciplinary Counsel can suspend your immigration practice across all U.S. courts.
A real-world example: Attorney David Chen, licensed in California and New York, was publicly reprimanded in New York in 2024. He disclosed the reprimand on his EOIR-28, contacted EOIR Disciplinary Counsel proactively, and avoided a federal suspension. Hiding it would have ended his immigration practice.
A common misconception is that minor state-bar issues are private. They are not, because 8 C.F.R. § 1003.103 requires reciprocal discipline reporting within 30 days.
Section 6: Accredited Representative Information
If you are an accredited representative instead of a licensed attorney, fill out this section instead of Section 5. List your accreditation expiration date and the recognized organization that employs you. Partial accreditation limits you to USCIS work, so only fully accredited representatives can sign an EOIR-28.
The consequence of filing an EOIR-28 with expired or partial accreditation is automatic rejection. A common mistake is forgetting that accreditation must be renewed every three years under 8 C.F.R. § 1292.12(d).
Section 7: Signature and Certification
You must sign the form personally. Electronic signatures in ECAS are typed using the /s/ signature convention, for example, “/s/ Maria Reyes.” Stamped signatures are not accepted. The signature certifies that you have read the EOIR-28 instructions and that all information is true.
False certification is grounds for sanctions under 8 C.F.R. § 1003.102(c), including suspension, disbarment from EOIR practice, and referral to the state bar.
Section 8: Service Certificate
Certify that you served a copy on opposing counsel, normally the DHS Office of the Principal Legal Advisor. Service is by email if the local OPLA office accepts email, otherwise by first-class mail. Failure to serve is a procedural defect that lets DHS object to your appearance at the next hearing.
A common mistake is assuming ECAS auto-serves DHS. It does not for every court yet, and the ECAS user manual tells you which courts have full e-service.
Paper Filing vs. ECAS Electronic Filing
The choice between paper and ECAS depends on your court, your bar status, and your client’s detention status. Most non-detained dockets now require ECAS for attorneys, while detained dockets and pro se filers can still use paper.
| Filing Method | Key Features |
|---|---|
| Paper EOIR-28 | Mailed or hand-delivered to the court window; requires wet signature; processing takes 5 to 10 business days; still required in many detained settings |
| ECAS Electronic | Filed through the ECAS portal; typed /s/ signature; appearance registers within minutes; mandatory for attorneys on most non-detained dockets per PM 22-01 |
The consequence of filing on paper when ECAS is mandatory is a hard rejection. Attorney Priya Patel in Newark filed a paper EOIR-28 in 2025, not realizing her court had moved to mandatory ECAS three months earlier; the clerk rejected the form, and her client’s continuance request was denied because no counsel was on record.
A common misconception is that ECAS and the EOIR Courts & Appeals System are the same thing for everyone. They are not. ECAS is for attorneys and accredited reps; respondents use a separate portal called Respondent Access.
Three Common EOIR-28 Filing Scenarios
Below are three real fact patterns that practitioners face every week. Each shows the action and the legal consequence under the EOIR Policy Manual.
Scenario 1: New Asylum Case at Master Calendar
| Filing Step | Legal Consequence |
|---|---|
| File EOIR-28 in ECAS 10 days before the master calendar hearing | Counsel is on record; hearing notices arrive electronically; client avoids in absentia risk |
| Forget to file before the hearing | Judge treats client as pro se; any I-589 filed by counsel is stricken; one-year asylum deadline may pass |
Scenario 2: Substitution of Counsel Mid-Case
| Filing Step | Legal Consequence |
|---|---|
| New attorney files EOIR-28 with substitution box checked; prior counsel files EOIR-28 withdrawal the same day | Smooth handoff; no continuance needed; client’s case stays on track |
| New attorney files without prior counsel withdrawing | Court holds appearance until prior counsel withdraws or judge rules on withdrawal motion under Matter of Rosales |
Scenario 3: Limited Appearance for One Motion
| Filing Step | Legal Consequence |
|---|---|
| File limited EOIR-28 specifying “motion to reopen only,” with date | Counsel’s duty ends after motion; client returns to pro se status; no further notices to counsel |
| File limited EOIR-28 with vague scope like “as needed” | Judge may reject the limited scope and bind counsel to full representation under 8 C.F.R. § 1003.17(a) |
Mistakes to Avoid
Below are the most common errors that cause an EOIR-28 to fail. Each comes with the negative outcome the practitioner faces.
- Wrong A-number. The form will not link to the case file, and you will not receive hearing notices.
- Filing Form G-28 instead of EOIR-28. The court rejects the wrong form, and the appearance never registers.
- Using a P.O. box address. Service of court orders may fail, leading to missed deadlines.
- Vague limited-scope language. The judge can bind you to full representation against your will.
- Forgetting to disclose state-bar discipline. Triggers federal sanctions under 8 C.F.R. § 1003.102(j).
- Stamped or copied signatures. The form is rejected and the appearance is void.
- Filing paper when ECAS is mandatory. The clerk returns the form and your client appears pro se at the next hearing.
- Not serving DHS. OPLA can object, and the judge can strike your filings.
- Letting accreditation lapse. Renewals are required every three years under 8 C.F.R. § 1292.12.
- Using an outdated form version. Only the current version on the EOIR forms list is accepted.
Do’s and Don’ts
These rules apply to every filer, every time, in every immigration court.
Do’s
- Do verify the respondent’s A-number against the NTA before filing, because mismatches break case linking.
- Do use ECAS when your court mandates it under PM 22-01, because paper filings will be rejected.
- Do file before the next hearing, because last-minute filings risk not being processed in time.
- Do disclose all state-bar discipline, because nondisclosure is itself a violation of 8 C.F.R. § 1003.102.
- Do serve DHS counsel the same day, because failure of service is a procedural defect.
Don’ts
- Don’t use Form G-28 in immigration court, because it is for USCIS only.
- Don’t write vague limited-scope language, because the judge will treat you as full counsel.
- Don’t sign with a stamp or scanned image, because the EOIR Practice Manual requires personal signature.
- Don’t ghostwrite without filing, because that violates Matter of Velasquez and state bar rules.
- Don’t list a P.O. box, because personal service of orders requires a physical address.
Pros and Cons of Filing EOIR-28 Electronically
Many practitioners still ask whether ECAS is worth the learning curve. Here is a balanced view.
Pros
- ECAS appearances register in minutes, so you start receiving hearing notices immediately.
- The system stores filings indefinitely, which helps with malpractice defense and bar audits.
- E-service to DHS is automatic in many courts, which cuts down on certificate-of-service errors.
- ECAS reduces postage and courier costs, which adds up across a busy immigration practice.
- Filings are time-stamped to the second, so deadline disputes are easy to resolve.
Cons
- ECAS outages happen, and the EOIR system status page is the only official source for downtime notices.
- Detained-docket courts often still require paper, so practitioners must maintain two workflows.
- A typo in your registered email address can mean missing hearing notices for months.
- The system requires a current EOIR-33 registration, and lapsed registrations block all e-filing.
- Some older judges still prefer paper courtesy copies, which adds work even when ECAS is mandatory.
Withdrawing or Substituting Counsel
To leave a case, you file a motion to withdraw under the EOIR Practice Manual, Chapter 2.3(i). The motion must show good cause, attach proof of notice to the client, and propose a continuance if needed. Simply filing a new EOIR-28 with the substitution box checked is not enough on its own; the prior counsel must still take affirmative action to leave the case.
The consequence of failing to withdraw properly is that you remain counsel of record and remain liable for missed hearings. Attorney Sarah Kim in Chicago thought her case ended when the client retained new counsel; six months later, she received an in absentia order for failing to appear, because she never filed the withdrawal motion. The Board of Immigration Appeals affirmed sanctions under Matter of Rosales.
A common misconception is that the client’s discharge letter automatically ends representation. It does not. Only the Immigration Judge’s order on a withdrawal motion ends your duty.
Key Court Rulings That Shape EOIR-28 Practice
A handful of decisions define how Immigration Judges treat appearance and withdrawal issues. Knowing them protects you from sanctions.
Matter of Velasquez, 19 I&N Dec. 377 (BIA 1986) holds that ghostwritten filings without an EOIR-28 are improper and may be stricken. The consequence is that any unsigned brief filed by an unentered attorney is treated as a fraud on the court.
Matter of Rosales, 19 I&N Dec. 655 (BIA 1988) governs withdrawal of counsel and requires an actual motion, not just a successor’s substitution. The consequence is continuing duty until the judge rules.
Matter of N-K- & V-S-, 21 I&N Dec. 879 (BIA 1997) addresses ineffective assistance of counsel claims tied to defective EOIR-28 filings. The consequence is that a botched appearance can become a Lozada motion against the prior attorney.
Key Entities You Should Know
Understanding who does what makes the EOIR-28 process less mysterious.
- The Executive Office for Immigration Review (EOIR) is the DOJ component that runs immigration courts and the BIA.
- The Department of Homeland Security prosecutes removal cases through ICE OPLA.
- The Office of the Principal Legal Advisor (OPLA) is the trial-attorney arm of ICE that you serve with the EOIR-28.
- The EOIR Office of the General Counsel handles attorney discipline.
- State bars license attorneys and impose reciprocal discipline that EOIR enforces.
- Recognized organizations employ accredited reps who can file EOIR-28.
State Bar Nuances Affecting Federal Filings
Although immigration law is federal, every attorney is bound by the state bar rules where they are licensed. California’s Rule 1.2(b) allows limited-scope representation only with the client’s informed written consent, which mirrors federal limited appearances. New York’s Rule 1.2(c) requires that the limited scope be reasonable under the circumstances, and Texas’s Rule 1.02 similarly requires client consent.
The consequence of ignoring state-bar limited-scope rules is that even a perfectly filed EOIR-28 can lead to a state bar complaint. Attorney Linda Hernandez in Houston filed a limited EOIR-28 without a written client agreement; the federal filing was fine, but the State Bar of Texas opened a grievance for violating Rule 1.02.
A common misconception is that federal preemption shields you from state discipline. It does not, because 8 C.F.R. § 1003.103 explicitly cross-references state-bar discipline.
FAQs
Is Form EOIR-28 the same as Form G-28?
No. Form EOIR-28 is for the immigration court under the Department of Justice, while Form G-28 is for USCIS and DHS components. Filing the wrong form means your appearance does not register.
Do I have to file EOIR-28 in ECAS?
Yes. Most attorneys on non-detained dockets must e-file under PM 22-01. Detained dockets and pro se filers may still use paper depending on the local court.
Can a paralegal sign an EOIR-28?
No. Only licensed attorneys, accredited representatives, and supervised law students or graduates may sign. A paralegal signing the form is the unauthorized practice of law.
Is there a filing fee for EOIR-28?
No. The form has no filing fee under the EOIR fee schedule. However, related motions like a motion to reopen carry their own fees.
Can I file an EOIR-28 for a case at the BIA?
No. Appeals to the Board of Immigration Appeals require Form EOIR-27. EOIR-28 is strictly for trial-level immigration court proceedings.
Does filing EOIR-28 automatically withdraw prior counsel?
No. Prior counsel must file a separate motion to withdraw under the EOIR Practice Manual. Without that, both attorneys remain on record.
Can I use a P.O. box on EOIR-28?
No. The EOIR Policy Manual requires a physical office address so personal service of orders can occur reliably and lawfully.
Is limited-scope representation allowed?
Yes. Under amended 8 C.F.R. § 1003.17(a), counsel may limit appearance to specific tasks if the scope is described clearly and unambiguously.
Do I need to disclose minor state-bar discipline?
Yes. All discipline, public or private, must be disclosed under 8 C.F.R. § 1003.102(j). Nondisclosure itself triggers federal sanctions and possible suspension.
Can law students file an EOIR-28?
Yes. Under 8 C.F.R. § 1292.1(a)(2), law students may appear with a supervising attorney’s signature, no compensation from the client, and the judge’s permission.
Will the court accept a stamped signature?
No. The EOIR Practice Manual requires a personal signature, either wet ink on paper or a typed /s/ signature in ECAS. Stamped or scanned signatures are rejected.
Can I withdraw an EOIR-28 by email to the clerk?
No. Withdrawal requires a written motion served on opposing counsel and ruled on by the judge under Matter of Rosales. Informal emails do not end your duty.
Related reading
- How to Fill Out USCIS Form G-28I (w/Examples) + FAQs
- How to Fill Out Tax Court Form 14A (w/Examples) + FAQs
- How to Fill Out DOJ Form EOIR-26 (w/Examples) + FAQs
- How to Fill Out DOJ Form EOIR-29 (w/Examples) + FAQs
- How to Fill Out DOJ Form EOIR-33 (w/Examples) + FAQs
- How to Fill Out DOJ Form EOIR-42B (w/Examples) + FAQs
- How to Fill Out USCIS Form I-821 (w/Examples) + FAQs