portation case in which no exceptions have been taken to the proposed findings, conclusions of law and order of the presiding inspector, the Board of Immigration Appeals after consideration of the record believes that an order less favorable to the alien than that proposed by the presiding inspector should be entered, it shall prepare its own proposed findings of fact, conclusions of law, and order and shall forward them to the district director of the district in which the case arose for service upon the alien or his counsel or representative. The alien or his counsel or representative shall be given opportunity, within a time fixed by the Board of Immigration Appeals, to file exceptions to the proposed findings, conclusions, and order of the Board. If exceptions are filed, further procedure in the case shall be in accordance with the provisions of § 90.5 hereof. If no exceptions are filed within the time prescribed, the proposed findings, conclusions, and order of the Board of Immigration Appeals shall, subject to the provisions of $90.12 hereof, be made final.*

90.12 Board of Immigration Appeals; reference of cases to the Attorney General. In any case in which a dissent has been recorded; in any case in which the Board shall certify that a question of difficulty is involved; in any case in which the Board orders the suspension of deportation pursuant to the provisions of section 19 (c) of the Immigration Act of 1917, as amended, or in any case in which the Attorney General so directs, the Board of Immigration Appeals shall refer the case to the Attorney General for review of the Board's decision. In any case in which the Attorney General shall reverse the decision of the Board, or in any case in which suspension of deportation is ordered pursuant to the provisions of section 19 (c) of the Immigration Act of 1917, as amended, the Attorney General will state in writing his conclusions and the reasons for his decision.*

90.17 General Counsel; powers and duties. The General Counsel of the Service, under the direction and supervision of the Commissioner of Immigration and Naturalization, shall have authority after proceedings in accordance with law and regulations to exercise the powers of the Attorney General or of the Commissioner in the classes of cases prescribed in this section and otherwise to perform the duties herein set forth:

(a) To represent the Service before the Board of Immigration Appeals, before boards of special inquiry, or before presiding inspectors in important exclusion and deportation cases;

(b) To examine all decisions of the Board of Immigration Appeals which reverse a presiding inspector or a board of special inquiry, and to advise the Attorney General on cases certified by the Board of Immigration Appeals to him for decision;

(c) To render such assistance, including preparation of legal memoranda and briefs or presentation of arguments, as may be necessary in behalf of the Service to the Attorney General or other officers of the Department or to United States Attorneys in judicial litigation involving proceedings brought to test the legality of warrants of deportation, exclusion decisions, actions in

*For statutory citation, see note to § 90.1.

volving steamship fines, matters relating to appeals in naturalization cases, the cancelation of naturalization, the review of actions involving prosecutions for violations of the Alien Registration Act, 1940, or other matters related to the Service;

(d) To examine as to legal form and execution bonds required from aliens in connection with the administration of the immigration laws and to handle matters relating to their disposition, either through compromise or judicial enforcement;

(e) To consider whether steps should be taken looking toward the cancellation of naturalization and to prepare necessary memoranda in those cases where cancelation proceedings are determined upon for submission to the Criminal Division of the Department, with recommendation that the appropriate United States Attorney be authorized and directed to institute judicial proceedings in the appropriate court;

(f) To give assistance in the drafting of legislation, Presidential Proclamations, Executive Orders, and regulations in conjunction with branches of the Service charged with the function of preparing, enforcing, or applying such regulations, when requested;

(g) To render opinions and rulings as requested in the course of his duties to officials of the Service on legal questions arising in the exercise of their functions concerning the Service;

(h) To make recommendations to the Pardon Attorney when a question respecting pardons arises and a recommendation by the Service is desired;

(i) To make recommendations concerning the institution of prosecutions or disposition of criminal cases arising under the immigration or nationality laws, except those cases falling within the provisions of section 90.3 (c) of this Part; and

(3) To exercise such discretion as is appropriate to, and to prepare and sign all orders and correspondence incident to, the execution of the functions of his office.

In addition to the foregoing authority, the General Counsel shall perform such other duties compatible with his office as may be from time to time required.

90.49 Rules and regulations; signature. All rule: and regulations, general orders, circular instructions, and Central Office memoranda hereafter issued shall be signed or countersigned by the Commissioner of Immigration and Naturalization; and all such documents which are to be published in the Federal Register shall, in addition, be signed by the Attorney General.*

90.50 Authority of field officers. Nothing in this Part shall affect the authority of field officers of the Immigration and Naturalization Service under regulations, orders, or instructions now in force.*

*For statutory citation, see note to § 90.1.

Sec.

Part 95-ENROLLMENT AND DISBARMENT OF
ATTORNEYS AND REPRESENTATIVES

Sec.

§ 95.1 Definitions. As used in this part

(a) The term "Attorney General" means the Attorney General of the United States.

(b) The term "Service" means the Immigration and Naturalization Service.

(c) The term "Commissioner" means the Commissioner of Immigration and Naturalization.

(d) The term "district director" means a district director of Immigration and Naturalization.

(e) The term "officer in charge" means an officer of the Immigration and Naturalization Service who has over-all supervision over a field office which is subordinate to the office of the district director.

(f) The term "Board" means the Board of Immigration Appeals.

(g) The term "attorney" means a person licensed to practice law in the Federal State (including the District of Columbia), territorial, or insular courts.

(h) The term "representative" means a person representing a reputable religious, charactable, social service, or similar organization established in the United States and recognized as such by the Board.

(i) The term "case" means any proceeding arising under the laws and regulations administered by the Service.

(j) The term "practice" means the act of an attorney or representative in appearing in any case, either in person or through the filing of a brief or other document, on behalf of a client before any officer of the Service or the Board.*

*88 95.1 to 95.9, inclusive, issued under the authority contained in sec. 161, Revised Statutes, as amended (5 U. S. C. 22); sec. 23, 39 Stat. 892, 8 U. S. C. 102; sec. 24, 43 Stat. 166, 8 U. S. C. 222; sec. 1, Reorg. Plan No. V, 5 F. R. 2223; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1; 8 CFR 90.2

95.2 Admission to practice required.-(a) No person shall be permitted to practice before the Service or the Board until he has been admitted to practice in accordance with § 95.4. (b) Notwithstanding subsection (a)

(1) A district director, an officer in charge, the Commissioner, any other officer of the Central Office authorized by the Commis

sioner to do so, or the Board may permit an attorney or representative to file an appearance in behalf of a party in any case, prior to the approval of his application for admission if such attorney or representative files the application concurrently with filing his appearance in the case. If the application is subsequently denied, such attorney or representative shall not thereafter be permitted to practice in that or any other case, unless and until his admission to practice, has been authorized by the Board and subject to such conditions as the Board shall direct.

(2) An attorney or representative who files or has filed an appearance in any case prior to the effective date of this Part and on that date continues so to serve may be permitted to conclude such services subject, however, to the prohibitions stated in §§ 95.4 (d) and 95.8 (d).

(3) A party to a case may be represented by any reputable individual of good moral character, whether or not admitted to practice in accordance with § 95.4, if such individual is appearing without monetary or other material remuneration and files a written declaration to that effect, and if such representation is permitted by the officer in charge of the office having the case under consideration, the Commissioner, or the Board.

(4) Any alien may be represented by an accredited official in the United States of the Government to which the alien owes allegiance, if such official appears solely in his official capacity, and with the consent of the alien.

(5) An attorney, other than described in § 95.1 (g), residing outside the United States and licensed to practice law and in good standing in a court or courts of the country in which he resides and who is engaged in such practice may be permitted by any district director or officer in charge of a field office, the Commissioner, or any officer of the Central Office designated by him, or the Board, to file his appearance and be heard in any individual case. The district director shall have authority to withhold granting permission to such attorney to appear before an officer under his jurisdiction pending decision thereon by the Board.

(6) No person who is a party to a case shall be denied the privilege of presenting oral argument in his own behalf before an officer of the Service or the Board having his case under consideration.

(7) Any persons desiring to be heard as amicus curiae shall apply therefor to the Board; and the Board may grant such application if it deems it to be in the public interest.

(c) No person previously in the employ of the Service or the the Board may be permitted to practice in a case in which he participated during the period of such employment.*

95.3 Qualifications for admission to practice.-(a) Admission to practice shall be limited to persons who are citizens of the United States, who are of good moral character, and who are attorneys in good standing in the court or courts in which they are licensed to practice, or who are representatives of organizations of the character described in § 95.1 (h).

*For statutory citation, see note to § 95.1.

(b) No person within any category set forth in § 95.7 may be admitted to practice.

95.4 Applications for admission to practice; decision.-(a) Applications for admission to practice may be filed with a district director, the Commissioner, or the Chairman of the Board, at the option of the applicant. Such application shall be made in triplicate upon Form G-27, shall be executed under oath or affirmation, shall be responsive to the questions therein, and shall reveal such information as may be considered necessary to make a decision upon the application. An application by an attorney shall be supported by a current certificate from a judge or clerk of the court in which the applicant is licensed to practice, or by a written statement of the officer in charge of the local office of the Service certifying that upon inquiry he has ascertained and has personal knowledge that the applicant is so licensed. An application by the representative of an organization shall be supported by a statement of the appropriate officer or officers thereof, certifying that the applicant is its accredited representative and authorized to appear in its behalf in any case.

(b) The original application shall be permanently retained in the files of the Board, the duplicate in the files of the Commissioner, and the triplicate in the files of the district director having jurisdiction over the applicant's place of residence.

(c) As soon as practicable after receipt of the application the Board shall give consideration thereto. If the application is approved, written notation to that effect shall be made on the application and a certificate of admission to practice shall be issued to the licensee. If the conclusion is that the application should be denied, the Board shall prepare a proposed order of denial, in which shall be stated the reasons for denying the application. The Board shall serve the proposed order on the applicant, either personally or by registered mail and obtain a return receipt therefor. The applicant shall be allowed a reasonable time, not less than ten days, in which to file exceptions to the proposed order and to submit a brief if desired. After receipt of the exceptions, or if none are received within three days after expiration of the period specified for filing of exceptions, the Board shall make such order as it may then determine appropriate. If the order be to deny the application, or if any one of the circumstances described in § 90.12 of these regulations be present, the Board shall refer the record to the Attorney General for review of its decision. The order of the Attorney General shall be the final determination of the application.

(d) Admission of a representative shall terminate upon discontinuance of his authority to represent the organization named in his application.*

95.5 Roster of attorneys. The Board shall maintain an alphabetical roster of attorneys and of representatives of organizations. A copy of the roster shall be supplied to the Commissioner, and he shall be advised from time to time of changes therein.*

*For statutory citation, see note to § 95.1.