In re St. Francis Cabrini Immigration Law Ctr.

• Decision Date: 20 November 2014
• Docket Number: Interim Decision #3819
• Citation: 26 I&N Dec. 445
• Parties: Matter of ST. FRANCIS CABRINI IMMIGRATION LAW CENTER, Applicant
• Court: U.S. DOJ Board of Immigration Appeals

26 I&N Dec. 445

Matter of ST. FRANCIS CABRINI IMMIGRATION LAW CENTER, Applicant

Interim Decision #3819

U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals

November 20, 2014

Request for Recognition

Where an organization is physically colocated or financially associated with, or otherwise attached to, a for-profit venture, the Board of Immigration Appeals will not approve an application for recognition unless it is confident that the organization will not be influenced, either explicitly or implicitly, by the pecuniary interests of the commercial affiliate.

BEFORE: Board Panel: NEAL, Chairman; ADKINS-BLANCH, Vice Chairman; HOLMES, Board Member.

NEAL, Chairman:

Saint Francis Cabrini Immigration Law Center has applied for recognition pursuant to 8 C.F.R. § 1292.2(a) (2014). The Department of Homeland Security ("DHS") recommends against approving recognition. The application for recognition will be disapproved.

A nonprofit religious, charitable, social service, or similar organization established in the United States may be recognized by the Board to provide low cost or free legal representation by its staff attorneys or accredited representatives. 8 C.F.R. § 1292.2(a). To be recognized, an organization must establish that it makes only nominal charges, assesses no excessive membership dues for persons given assistance, and has at its disposal adequate knowledge, information, and experience in immigration law and procedure. Id.; see also Matter of EAC, Inc., 24 I&N Dec. 556, 557-58 (BIA 2008).

On February 7, 2013, the applicant organization submitted a completed Form EOIR-31 (Request for Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization), a fee schedule, resumes for proposed representatives, letters of recommendation, and other documentation. The applicant organization also advised us that it is not affiliated with the Catholic Church or any other religious organization and that it is in the process of applying for its own tax exempt status asa nonprofit organization (separate from the International Club of Southwest Louisiana, of which the applicant claims to be a division).

On June 20, 2013, the DHS responded to the application, recommending that we disapprove it because the organization lacks nonprofit status. The DHS also observed that the organization does not appear to operate independently of Global Management Enterprises, LLC, a for-profit corporation. In light of the DHS's concerns and the organization's claim that its application for nonprofit status was pending, we remanded the application to the DHS for further investigation pursuant to 8 C.F.R. § 1292.2(b).

On June 5, 2014, the DHS provided us and the applicant organization with the results of its investigation, again recommending that we disapprove the application because the organization has not established that it currently holds nonprofit status. The DHS also confirmed that the applicant organization shares the same physical location and officers as the for-profit enterprise. The applicant has not responded to the DHS's latest recommendation.

We agree with the DHS that the organization has not provided the requisite evidence of its nonprofit status. We will therefore disapprove the application for recognition on this basis. See 8 C.F.R. § 1292.2(a); see also Matter of EAC, Inc., 24 I&N Dec. at 561; Matter of American Paralegal Academy, Inc., 19 I&N Dec. 386 (BIA 1986). However, even if the organization provided that evidence, the application still could not be approved.

The purpose of the recognition and accreditation program is to provide competent and affordable immigration legal services to persons of limited means through reputable nonprofit organizations. See Matter of EAC, Inc., 24 I&N Dec. at 557; see also Matter of Baptist Educational Center, 20 I&N Dec. 723, 735 (BIA 1993) (terminating recognition of an organization that was being used to facilitate an immigration counseling business); Representation and Appearance, 60 Fed. Reg. 57,200, 57,200 (proposed Nov. 14, 1995) (stating that the nominal fees requirement exists to ensure that "recognized organizations are in fact charitable, are serving low-income or indigent clients, and are not...