U.S. Department of Justice
Executive Office for Immigration Review
Office of the Director
5107 Leesburg Pike, Suite 2400
Falls Church, Virginia 22041
Contact: Public Affairs Office
(703)305-0289, Fax: (703) 605-0365
July 20, 2001
EOIR Announces Latest Disciplinary Actions Under Rules of Professional Conduct
One Attorney Reinstated; Five Receive Final Orders; Three Others, Immediate Suspensions
The Executive Office for Immigration Review (EOIR) has reinstated one attorney and taken disciplinary action against eight others after charging them with violations of the Rules of Professional Conduct for Immigration Practitioners provided in Title 8 of the Code of Federal Regulations (8 CFR Parts 3 and 292). The attorneys' rule violations arose out of sanctions imposed by other jurisdictions.
Disciplinary proceedings began in each case with a Petition for Immediate Suspension and Notice of Intent to Discipline filed with the Board of Immigration Appeals (the Board) by EOIR's Office of the General Counsel. The Board then ordered each attorney's immediate suspension from practice before the Immigration Courts, the Board, and the Immigration and Naturalization Service and required the attorney to respond to the alleged violations.
On July 7, 2001, EOIR reinstated attorney Raymond J. Sanders, who had been suspended by the Board on May 7, 2001, based on his suspension by the U.S. Court of Appeals for the Seventh Circuit. He and the Office of the General Counsel signed a consent agreement to 60 days' suspension followed by reinstatement.
Final Orders of Discipline
The Board issued Final Orders of Discipline against the five attorneys named below after each failed to respond as required to the Notice of Intent to Discipline. The failure to respond in a timely manner to allegations in a Notice of Intent to Discipline constitutes admission of the alleged rule violations.
David P. Ulin, suspended indefinitely from the practice of law in the Commonwealth of Massachusetts, was suspended indefinitely by final order of the Board on July 6, 2001.
Libby D. Salberg, convicted in the United States District Court, Southern District of New York, of immigration fraud and related crimes and disbarred from the practice of law in the State of New York, was expelled by final order of the Board on July 10, 2001.
Robert L. Koven, suspended indefinitely by the Court of Appeals of Maryland, with an opportunity to seek readmission after 2 years, was suspended indefinitely by final order of the Board on July 16, 2001.
Brad Alan Alexander, suspended for 1 year by the Florida Supreme Court after the Circuit Court of Hernando County, FL, entered his plea of nolo contendere to possession of cocaine, was suspended by final order of the Board on July 16, 2001, for 1 year beginning on June 15, 2001, the date of Board's initial order of suspension.
Marshall D. Tandy, convicted in the United States District Court, Middle District of Florida, of conspiracy to money launder, sentenced to imprisonment for 18 months, and disbarred from practice in the State of Arizona, was suspended by final order of the Board on July 16, 2001, for 5 years beginning on June 8, 2001, the date of the Board's initial order of suspension.
Richard Allen James, disbarred by the Maryland Court of Appeals and by the District of Columbia Court of Appeals, was suspended by final order of the Board on July 17, 2001, for 5 years beginning on June 15, 2001, the date of the Board's initial order of suspension.
The Board ordered immediate suspensions of the following attorneys for the reasons stated:
Sharon Bartu, suspended for 6 months from the practice of law by the Supreme Court of Washington;
Ruben John Garcia, II, disbarred by the State Bar of Texas; and
Julia Soininen, suspended on an interim basis from the practice of law by the District of Columbia Court of Appeals after pleading guilty to one count of theft.
In each of the matters cited above, the Board directed the attorney "to promptly notify, in writing, any clients with cases currently pending before the Board, the Immigration Courts, or the Service" that he or she may no longer represent clients before these tribunals.
The amended rules of professional conduct, published in the Federal Register on June 27, 2000, and effective on July 27, 2000, include provisions specifying grounds for disciplinary action, requirements for receiving and investigating complaints, and procedures for conducting hearings. The rules also authorize the Board to immediately suspend a practitioner who has been subject to disbarment, suspension, or resignation with an admission of misconduct as imposed by a State or Federal court, pending a summary proceeding and final sanction.
EOIR announces these disciplinary actions to inform the public about practitioners who are not authorized to represent any matter before an immigration tribunal. EOIR also posts a list of suspended and expelled practitioners on its Web site at www.usdoj.gov/eoir.
- EOIR -