Cite as 24 I&N Dec. 563 (BIA 2008) Interim Decision #3615
Matter of EAC, INC., Applicant
Request for Accreditation
New York, New York
Decided July 3, 2008
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
(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
Although an application for recognition is submitted on Form EOIR-31 (Request for
Recognition of a Non-Profit Religious, Charitable, Social Service, or Similar Organization),
there is no specific form for an application for accreditation.
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1 Cite as 24 I&N Dec. 563 (BIA 2008) Interim Decision #3615
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
include the proposed representative’s resume, letters of recommendation, and
evidence of all immigration training that he or she has completed. Detailed
descriptions of the topics addressed in recent immigration training should also
be provided to show that the individual has the knowledge and experience in
immigration law and procedure required for the services that he or she will
provide through the organization. No individual may submit an application for
accreditation on his or her own behalf.
An application for accreditation should be filed directly with the Board,
along with proof of service of a copy of the application on the DHS. 8 C.F.R.
§ 1292.2(d). Within 30 days, the DHS is required to submit a recommendation
to the Board for approval or disapproval of the application and the reasons
therefor, or to request a specified period of time in which to conduct an
investigation regarding the application. The organization has 30 days from the
564Cite as 24 I&N Dec. 563 (BIA 2008) Interim Decision #3615
date of service to file a response with the Board to any matters raised therein,
with service of a copy of the response on the DHS.
The regulations also provide that the accreditation of a representative is
valid for a period of 3 years only. 8 C.F.R. § 1292.2(d). However, the
accreditation remains valid pending Board consideration of an application
for renewal of accreditation if the application is filed at least 60 days before
the third anniversary of the date of the Board’s prior accreditation of the
representative. Accreditation terminates when the Board’s recognition of
the organization ends for any reason or when the representative’s employment
or other connection with the organization ceases. The organization must
promptly notify the Board of such changes. A representative may be
accredited by more than one recognized organization, with multiple
accreditations of a representative being most commonly sought by
organizations that have more than one recognized branch office. In such
instances, a separate request for accreditation from the recognized branch
office must be submitted for any proposed representatives.
II. ANALYSIS
The applicant’s submission is a request for partial accreditation for
Yvonne Buffa to practice solely before the DHS. A copy of the application
was served on the DHS, which has not responded to the request for a
recommendation regarding the application.
The evidence submitted in support of the application includes
recommendations attesting to the good moral character of the proposed
representative. She received an award from the Emigrant Savings Bank of
New York for her commitment to the immigrant community. A resume
indicates that she completed high school and has earned 55 credits at a
community college. In addition, she has worked under the supervision of
immigration attorneys since 1986, primarily in the areas of naturalization and
citizenship, and has completed applications for relief before the DHS.
The proposed representative has also conducted various workshops to
inform aliens of citizenship services, and she has prepared applicants for
citizenship interviews. Moreover, she has completed several recent
immigration law training sessions sponsored by the New York Immigration
Coalition on a variety of topics covering a broad range of immigration law and
procedure. She has also completed 10 sessions of training in various aspects
of immigration law since 2005, including courses in the basics of immigration
law and relief in immigration proceedings. Based on our review of the
information submitted, we conclude that the application for partial
accreditation of Yvonne Buffa to represent individuals before the DHS should
be approved.
565Cite as 24 I&N Dec. 563 (BIA 2008) Interim Decision #3615
ORDER: The request for accreditation of the proposed representative for
practice before the Department of Homeland Security is approved.
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