Matter of Eac, Inc., Interim Decision No. 3615.

• Decision Date: 03 July 2008
• Docket Number: Interim Decision No. 3615.
• Citation: 24 I&N Dec. 563
• Parties: Matter of EAC, INC., Applicant.
• Court: U.S. DOJ Board of Immigration Appeals

24 I&N Dec. 563

Matter of EAC, INC., Applicant.

Interim Decision No. 3615.

Board of Immigration Appeals.

Decided July 3, 2008.

(1) All accredited representatives on the staff of a recognized organization must have a broad knowledge of immigration law and procedure, even if the organization only intends to provide limited services through one or more partially accredited representatives.

(2) In order to show that a proposed accredited representative has the broad knowledge and experience in immigration law and procedure required by 8 C.F.R. § 1292.2(d) (2008), a recognized organization should submit the individual's resume, letters of recommendation, and evidence of immigration training completed, including detailed descriptions of the topics addressed.

BEFORE: Board Panel: OSUNA, Acting Chairman; HOLMES and GRANT, Board Members.

OSUNA, Acting Chairman:

EAC, Inc. (Education & Assistance Corporation), an organization recognized by the Board of Immigration Appeals under 8 C.F.R. § 1292.2(a) (2008), submitted an application by letter requesting the accreditation of Yvonne Buffa as its accredited representative under 8 C.F.R. § 1292.2(d).¹ See Matter of EAC, Inc., 24 I&N Dec. 556 (BIA 2008). The application will be approved.

I. ACCREDITATION PROCESS

By its very nature, effective representation of an alien, whether in matters before the Department of Homeland Security ("DHS") or before the Immigration Judges and this Board, requires a broad knowledge of immigration law and procedure. This requirement exists to ensure that a duly accredited representative is able to readily identify immigration issues of all types, even in areas where no services are provided, and has the ability to discern when it is in the best interests of the aliens served to refer those with more complex immigration issues elsewhere. A proposed representative's experience with immigration law need not be fully commensurate with his or her knowledge to be considered adequate.

Accreditation of a representative for practice solely before the DHS is considered "partial accreditation," while accreditation of a representative before the DHS and the Board, which includes practice before the Immigration Judges, is considered "full accreditation." See 8 C.F.R. § 1292.2(d). In addition to having the adequate knowledge, information, and experience in immigration law and procedure required for partial accreditation, representatives with full accreditation must possess skills essential for effective litigation, including the ability to advocate a client's position at a hearing before an Immigration Judge by presenting documentary evidence and questioning witnesses, to present oral arguments before the Board, and to prepare motions and briefs for consideration by an Immigration Judge and/or this Board. All accredited representatives on the staff of a recognized organization must have a broad knowledge of immigration law and procedure, even if the organization only intends to provide limited services through one or more partially accredited representatives.

According to 8 C.F.R. § 1292.2(d), an organization recognized by the Board may apply for accreditation of persons of good moral character as its representatives. An application for accreditation must fully set forth the nature and extent of the proposed representative's experience and knowledge of immigration and nationality law and procedure and the category of accreditation sought, either full or partial. The request for accreditation should...