January 10, 2005
EOIR Announces Latest Disciplinary Actions Under Rules
of Professional Conduct
One Attorney Immediately Suspended; Five Receive Final Orders
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) has taken disciplinary action against six attorneys after charging them with violations of the Rules of Professional Conduct for immigration practitioners. The Rules appear in Title 8 of the Code of Federal Regulations (8 CFR Parts 1003 and 1292). In most cases, the disciplinary action is initiated as a result of sanctions imposed by other jurisdictions or a criminal conviction.
Although the disciplinary process may vary according to the specific circumstances of each case, generally it includes the following steps:
Disciplinary proceedings begin with a Notice of Intent to Discipline filed with the Board of Immigration Appeals (BIA) by the Office of the General Counsel of either EOIR or the Department of Homeland Security (DHS). The BIA requires the attorney to respond to the alleged violations. In some cases, a Petition for Immediate Suspension also is filed and the BIA orders the attorney to be suspended immediately from practice before the Immigration Courts, the BIA, and the DHS. (DHS joins EOIR in taking the disciplinary action.) Disciplined attorneys are directed to notify promptly, in writing, any clients with cases currently pending before the BIA, the Immigration Courts, or the DHS that they may no longer represent clients before these tribunals. Disciplined attorneys must petition and be reinstated by the BIA before they can resume the practice of law before the BIA, the Immigration Courts, and the DHS.
The BIA ordered the immediate suspension of the following attorney:
Final Orders of Discipline
The BIA issued Final Orders of Discipline against the following attorneys:
The Rules of Professional Conduct include provisions specifying grounds for disciplinary action, requirements for receiving and investigating complaints, and procedures for conducting hearings. The Rules also authorize the BIA 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, or who has been convicted of a serious crime, pending a summary proceeding and final sanction. They are available on the EOIR Web site at http://www.justice.gov/eoir/vll/fedreg/2000_2001/fr27jn00R.pdf.
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 http://www.justice.gov/eoir (near the bottom of EOIR's home page).
Additional information about the Attorney Discipline Program can be found at http://www.justice.gov/eoir/press/00/profcond.htm and http://www.justice.gov/eoir/press/00/profcondfaks.htm on the EOIR Web site.
EOIR is a component of the Department of Justice which, on behalf of the Attorney General, adjudicates cases involving aliens who are charged with immigration violations. EOIR has more than 200 Immigration Judges located in 53 Immigration Courts nationwide to conduct proceedings and decide individual cases, the BIA to hear appeals of Immigration Judge decisions, and the Office of the Chief Administrative Hearing Officer to handle employment‑related immigration matters.
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