[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1292.5]

[Page 1147-1148]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1292_REPRESENTATION AND APPEARANCES--Table of Contents
 
Sec. 1292.5  Service upon and action by attorney or representative of record.

    (a) Representative capacity. Whenever a person is required by any of 
the provisions of this chapter to give or be given notice; to serve or 
be served with any paper other than a warrant of arrest or a subpoena; 
to make a motion; to file or submit an application or other document; or 
to perform or waive

[[Page 1148]]

the performance of any act, such notice, service, motion, filing, 
submission, performance, or waiver shall be given by or to, served by or 
upon, made by, or requested of the attorney or representative of record, 
or the person himself if unrepresented.
    (b) Right to representation. Whenever an examination is provided for 
in this chapter, the person involved shall have the right to be 
represented by an attorney or representative who shall be permitted to 
examine or cross-examine such person and witnesses, to introduce 
evidence, to make objections which shall be stated succinctly and 
entered on the record, and to submit briefs. Provided, that nothing in 
this paragraph shall be construed to provide any applicant for admission 
in either primary or secondary inspection the right to representation, 
unless the applicant for admission has become the focus of a criminal 
investigation and has been taken into custody.

[37 FR 11471, June 8, 1972 and 45 FR 81733, Dec. 12, 1980; 46 FR 2025, 
Jan. 8, 1981; 58 FR 49911, Sept. 24, 1993]