Definition
An immigration filing instrument identified by a designated form number used to request a benefit, relief, or administrative action. It governs the data fields, attestations, and supporting documents required to initiate processing of the requested action. It does not by itself confer status, permission, or protection and is ineffective if required signatures, fees, or evidence are missing. It structures the administrative record and determines what issues are presented for adjudication. The instrument is generally stable, though form content and instructions are updated over time.
Principle
Principle
Register the attorney of record for appellate proceedings so the Board and opposing parties know who is authorized to receive filings, briefs, and Board communications on behalf of the appellant or respondent.
Demonstration
Demonstration
A representative filing a brief to the Board in an appeal against an Immigration Judge's decision completes EOIR-28 to notify the BIA and align service of briefs and orders to counsel rather than to the pro se party.
Misapplication
Misapplication
Using EOIR-28 when initiating an appearance in Immigration Court rather than on appeal, or submitting it for matters outside BIA jurisdiction such as administrative agency reviews.
Consequence
Consequence
Proper use causes the Board to list counsel as the attorney of record for the appeal, directing service of Board notices and decisions to that attorney and enabling counsel to file briefs and motions on the appellant's behalf.
Reversal
Reversal
Without EOIR-28, counsel may not be formally recognized by the Board; documents may be served to the appellant directly and counsel might lack procedural standing before the Board.
Boundary
Boundary
Limited to BIA appellate dockets and matters within the Board's jurisdiction; it does not replace EOIR-27 for Immigration Court appearances nor substitute for filings required by non-EOIR agencies.
Semantic Tension
Semantic Tension
Tends to be conflated with EOIR-27 (court-level appearance) and with filings that simply notify the Board by cover letter; the tension is between forum-specific procedural recognition and general notice practices.
Synthesis
Synthesis
Form EOIR-28 is the procedural document that notifies the Board of Immigration Appeals which attorney or accredited representative will act in the appeal, thereby establishing who receives service and who may participate in Board proceedings.