95.6 Appearances; use of record.-(a) An appearance shall be filed in writing on Form G-28 by attorneys or representatives appearing in each individual case. When an appropriate appearance has been filed in a case, substitution of attorneys or representatives may be permitted upon the written withdrawal of the attorneys or representatives of record or upon notice by the party to the case of his designation of new attorneys or representatives. If any attorney or representative of record authorizes another attorney or representative to act for him as an associate in a case, the latter will be heard if satisfactory evidence of his authoriza tion is presented and if he has been admitted to practice under this Part.

(b) During the time a case is pending the attorney or representative of record, or his associate, shall be permitted to review the record and, upon request, be lent a copy of the testimony adduced and in expulsion proceedings the memorandum, if any, prepared by the presiding inspector setting forth a summary of the evidence and his proposed findings of fact, conclusions of law, and order. The attorney or representative shall give his receipt for such copy and pledge that no copy thereof will be made, that he will retain it in his possession and under his control, and that it will be surrendered upon final disposition of the case.*

CROSS REFERENCES: For attorneys and other persons representing applicants for certificates of derivative citizenship, see 8 CFR 379.3; for registry, 8 CFR 862.3.

95.7 Suspension and disbarment. With the approval of the Attorney General, the Board may suspend or bar from further practice an attorney or representative, if it shall find that suspension or disbarment is in the public interest. The suspension or disbarment of an attorney or representative who is within one or more of the following categories shall be deemed to be in the public interest, for the purpose of these regulations:

(1) Who charges or receives, either directly or indirectly, any fee or compensation for services that may be deemed to be grossly excessive in relation to the services performed by him in the case;

(2) Who, with intent to defraud or deceive, bribes, attempts to bribe, coerces, or attempts to coerce, by any means whatsoever, any person, including a party to a case, or an officer or employee of the Service or Board, to commit an act or to refrain from performing an act in connection with any case;

(3) Who wilfully misleads, misinforms, or deceives an officer or employee of the Service, the Board, or the Attorney General concerning any material and relevant fact in connection with a case; (4) Who wilfully deceives, misleads, or threatens any party to a case concerning any matter relating to the case;

(5) Who solicits practice by means of runners or other unethical methods;

(6) Who represents, as an associate, an attorney who, known to him, solicits practice by means of runners or other unethical methods;

*For statutory citation, see note to § 95.1.

(7) Who has been temporarily suspended, and such suspension is still in effect, or permanently disbarred from practice in any court, Federal, State (including the District of Columbia), terrítorial, or insular;

(8) Who is temporarily suspended, and such suspension is still in effect, or permanently disbarred from practice in a representative capacity before any executive department, board, commission, or other Governmental unit, Federal, State (including the District of Columbia), territorial, or insular;

(9) Who, by use of his name, personal appearance, or any device, aids and abets an attorney to practice during the period of his suspension or disbarment, such suspension or disbarment being known to him;

(10) Who wilfully made false and material statements in his application for admission to practice, or in his appearance in any

case;

(11) Who engages in contumelious or otherwise unprofessional conduct with respect to a case in which such attorney acts in a representative capacity, which would constitute cause for suspension or disbarment were the case pending before a court;

(12) Who, having been furnished with a copy or copies of any portion of the record in any case, wilfully fails to surrender such copy or copies upon final disposition of the case, or wilfully and without authorization makes and retains a copy or copies of the material furnished;

(13) Who has been convicted of a felony, or, having been convicted of any crime, is sentenced to imprisonment for a term of 1 year or more;

(14) Who no longer possesses the qualifications required by § 95.3 of this part for admission to practice;

(15) Who is the representative of an organization that is no longer recognized by the Board as being of the character described in 8 95.1 (h); or

(16) Who wilfully violates any of the provisions contained in this Part.*

95.8 Procedure for suspension or disbarment; effect.-(a) The Commissioner may cause to be investigated any complaint or circumstance that establishes a prima facie case for the suspension or disbarment of any enrolled attorney or representative. If such investigation establishes to the satisfaction of the Commissioner that suspension or disbarment proceedings should be instituted, he shall cause written charges to be preferred. A copy of such charges shall be served upon the respondent, either personally or by registered mail, with notice to show cause within a specified time, not less than 30 days, why he should not be suspended or disbarred from further practice. Such notice shall also advise the respondent that after answer has been made and the matter is at issue, if he so requests he will be given opportunity for a hearing. If hearing is requested, the Commissioner will specify the time and place therefor and specially designate the officer who

*For statutory citation, see note to 95.1.

shall preside and the officer who shall present the evidence in support of the charges. The nonreceipt of answer within three days after expiration of the period prescribed to show cause shall be held a waiver of defense to the charges. When the record is complete, the Commissioner shall forward it to the Board with his recommendation.

(b) The respondent, either with or without counsel, and the Commissioner, or any officer designated by him for the purpose, shall have the privilege of appearing before the Board for oral argument at a time specified by the Board.

(c) The Board shall consider the record as presented by the Commissioner as soon as practicable after its receipt and render its decision thereon. The order of the Board shall constitute the final disposition of the proceeding: Provided, however, That if the order would suspend or disbar the respondent, or if any one of the circumstances described in § 90.12 of this chapter be present, the Board shall refer the record to the Attorney General for review of its decision and in such case the order of the Attorney General shall be the final determination of the proceeding.

(d) In case the final order against the respondent is for suspension or disbarment, the attorney or representative shall not thereafter be permitted to practice unless and until authorized so to do by the Board; and if disbarred, he shall surrender certificate of his admission to the Board for cancellation.*

95.9 Effective date. This regulation shall take effect from and after May 1, 1944, except that applications for admission to practice may be filed immediately in the manner prescribed in 95.4 (a) of this Part.*

*For statutory citation, see note to § 95.1.

Subchapter B-IMMIGRATION REGULATIONS

SCOPE OF THE IMMIGRATION LAW

The Act entitled "An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States," passed February 5, 1917 (39 Stat. 874), applies to and is to be enforced in every part of the United States and every place possessed by the United States except the Isthmian Canal Zone; in Continental United States, Alaska, Hawaii, and Puerto Rico it is enforced solely by the Immigration and Naturalization Service. In the Philippine Islands it is enforced by the "officers of the general government thereof," and in other places under the jurisdiction of the United States by the duly authorized officials thereof. Under the provisions of the Act persons who are not citizens of the United States or citizens of the insular possessions coming from the insular possessions to the mainland or proceeding from one insular possession to another must undergo examination under each and every provision of the Act.

Under the immigration laws the term "alien" includes any individual not a native born or naturalized citizen of the United States, but does not include Indians of the United States not taxed nor citizens of islands under the jurisdiction of the United States, except noncitizen Filipinos. (See Part 130.)

The provisions of the Immigration Act of 1924 (Act of May 26, 1924, 43 Stat. 153; 8 U. S. C. 201ff.), as amended are in addition to and not in substitution for the provisions of the general immigration laws, and are enforced as a part of such laws, and all the penal or other provisions of such laws, not inapplicable, apply to and are enforced in connection with the provisions of the Act. An alien, although admissible under the provisions of the Immigration Act of 1924, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than that Act, and an alien, although admissible under the provisions of the immigration laws other than the Immigration Act of 1924, shall not be admitted to the United States if he is excluded by any provision of that Act.

723