[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR3.101]

[Page 39-40]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
 Subpart G--Professional Conduct for Practitioners--Rules and Procedures
 
Sec. 3.101  General provisions.

    Source: 65 FR 39526, June 27, 2000, unless otherwise noted.


    (a) Authority to sanction. An adjudicating official or the Board of 
Immigration Appeals (the Board) may impose disciplinary sanctions 
against any practitioner if it finds it to be in the public interest to 
do so. It will be in the public interest to impose disciplinary 
sanctions against a practitioner who is authorized to practice before 
the Board and the Immigration Courts when such person has engaged in 
criminal, unethical, or unprofessional conduct, or in frivolous 
behavior, as set forth in Sec. 3.102. In accordance with the 
disciplinary proceedings set forth in this subpart and outlined below, 
an adjudicating official or the Board may impose any of the following 
disciplinary sanctions:
    (1) Expulsion, which is permanent, from practice before the Board 
and the Immigration Courts or the Immigration and Naturalization Service 
(the Service), or before all three authorities;
    (2) Suspension, including immediate suspension, from practice before 
the Board and the Immigration Courts or the Service, or before all three 
authorities;
    (3) Public or private censure; or

[[Page 40]]

    (4) Such other disciplinary sanctions as the adjudicating official 
or the Board deems appropriate.
    (b) Persons subject to sanctions. Persons subject to sanctions 
include any practitioner. A practitioner is any attorney as defined in 
Sec. 1.1(f) of this chapter who does not represent the federal 
government, or any representative as defined in Sec. 1.1(j) of this 
chapter. Attorneys employed by the Department of Justice shall be 
subject to discipline pursuant to Sec. 3.109. Nothing in this regulation 
shall be construed as authorizing persons who do not meet the definition 
of practitioner to represent individuals before the Board and the 
Immigration Courts or the Service.