Page 3 of 3
Form EOIR-44
Rev
. Jan 2017
Processing of Your Complaint
When your complaint is received; it will be reviewed by DC to determine
whether, based upon the merits, the complaint warrants further investigation. Does the complaint allege conduct
on the part of a practitioner or organization which, if true, would violate the Rules? If the answer to this question
is “no,” then no further action will be taken. If the answer to this question is “yes,” then a preliminary inquiry will
be conducted. If additional information is needed about the complaint, DC may request answers to specific
questions, review the court file, and interview potential witnesses. If, upon completion of the inquiry, DC
determines that the practitioner or organization has engaged in a violation of the Rules, DC may issue a Notice of
Intent to Discipline (NID) to the practitioner or organization recommending that discipline be imposed. DC may
also issue a warning letter an informal admonition to the practitioner, or enter into an agreement in lieu of
discipline with the practitioner.
In a
disciplinary case in which a NID is issued and the practitioner or organization contests the charges, the matter
will be scheduled for a hearing before an Adjudicating Official (for instance, an Immigration Judge). This is an
adversarial hearing in which DC acts as a prosecutor. DC does not represent individual complainants in this
hearing; however, as the complainant, you may be called as a witness. Following the hearing, the Adjudicating
Official will issue a decision either recommending dismissal of the charges or adopting, modifying, or otherwise
amending the proposed discipline. The Adjudicating Official’s decision is final unless the practitioner or
organization files an appeal. If the practitioner or organization files an appeal, the Adjudicating Official’s decision
is reviewed by the Board of Immigration Appeals, which then issues a final administrative decision. You will be
informed by letter of the final disposition of your complaint.
Further information about Rules and Procedures on Professional Conduct for Practitioners is available on EOIR’s
website at: http://www.justice.gov/eoir/press/2013/EOIRsDisciplinaryProgramFactSheet02272013.pdf.
Filing Considerations
Filing a complaint against an immigration practitioner or organization is a serious matter.
Your decision to file a complaint should only be made after careful consideration and after all efforts to work out
the problem with the practitioner or organization have failed. The disciplinary system is designed to provide an
orderly and fair way to deal with complaints of professional misconduct against practitioners and organizations.
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a
collection of information unless it displays a valid OMB control number. We try to create forms and instructions that are
accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The
estimated average time to review the form, gather necessary materials, and assemble the attachments is 2 hours. If you have
comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the
Executive Office for Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church,
Virginia 20530.
Privacy Act Notice
This collection of information is authorized by 8 U.S.C. § 1362 and 8 C.F.R. §§ 1003.104,
1292.18 in order to file a complaint against an immigration practitioner or recognized organization. The
information you provide to file a complaint against an immigration practitioner or recognized organization is
voluntary; however, the failure to provide the requested information may result in dismissal of the complaint.
Information concerning complaints is confidential, and EOIR may only share this information with others in
accordance with 8 C.F.R. § 1003.108(a) or the approved routine uses described in EOIR-003, Practitioner
Complaint-Disciplinary Files.