February 27, 2009
EOIR Announces Latest Disciplinary Actions Under Rules
of Professional Conduct
Ten Attorneys Immediately Suspended; Nine Receive
Final Orders
FALLS CHURCH, Va.
– The Executive Office for Immigration Review (EOIR) has recently taken
disciplinary action against 19 attorneys for violations of the Rules of
Professional Conduct for immigration practitioners.
EOIR announces
these disciplinary actions to inform the public about practitioners who are no
longer authorized to represent clients before an immigration tribunal. In most
cases, EOIR has disciplined the practitioner based on a sanction imposed by
another jurisdiction or a criminal conviction.
Disciplinary
proceedings begin when the Office of the General Counsel of either EOIR or the
U.S. Citizenship and Immigration Services, Department of Homeland Security
(DHS), files a Notice of Intent to Discipline with EOIR’s Board of Immigration
Appeals (BIA). The disciplinary action can result in the suspension or
expulsion of a practitioner before the immigration courts, the BIA, and DHS.
Attorneys who are suspended or expelled must be reinstated by the BIA before
they can resume the practice of law before the BIA, the immigration courts, and
DHS.
EOIR has recently
taken the following disciplinary actions:
Immediate Suspensions
The BIA ordered
the immediate suspension of the following attorneys:
- Ricardo R. Amador, II: He was suspended from the
practice of law in Texas for 90 days for multiple violations of the state’s
Rules of Professional Conduct. He was immediately suspended by the BIA on Dec.
22, 2008, based on his 90-day suspension in Texas, pending final disposition of
his case.
- Brian C. Casterline: He was suspended
from the practice of law by the Michigan Attorney Discipline Board for 2 years
and 11 months for failing to comply with prior orders of discipline. He was
immediately suspended by the BIA on Dec. 22, 2008, based on his suspension in
Michigan, pending final disposition of his case.
- Namir M. Daman: He was suspended from the practice
of law by the Michigan Attorney Discipline Board as a result of his guilty plea
in the United States District Court to marriage fraud and aiding and
abetting. He was immediately suspended by the BIA on Dec. 22, 2008, based
on his suspension in Michigan, pending final disposition of his case.
- Jacqueline M. Fernandez: She was suspended from the
practice of law by the Supreme Court of Florida for 18 months for multiple
violations of the state’s Rules of Professional Conduct. She was immediately
suspended by the BIA on Nov. 20, 2008, based on her 18-month suspension in
Florida, pending final disposition of her case.
- Roberta Golden: She was suspended indefinitely from
the practice of law by the Supreme Judicial Court for Suffolk County,
Massachusetts, for violating the commonwealth’s Rules of Professional Conduct.
She was immediately suspended by the BIA on Jan. 14, 2009, based on her
indefinite suspension in Massachusetts, pending final disposition of her case.
- Jamila Harrison: She was disbarred by the Supreme
Court of Georgia for filing asylum applications containing false statements,
forged signatures, and fabricated death certificates. She was immediately
suspended by the BIA on Dec. 22, 2008, based on her disbarment in Georgia,
pending final disposition of her case.
- Leah Larsen: She was suspended by the New York
Supreme Court, Appellate Division, for 2 ½ years for multiple violations of the
state’s Rules of Professional Conduct. She was immediately suspended by the
BIA on Dec. 22, 2008, based on her 2 ½ -year suspension in New York, pending
final disposition of her case.
- Jack Barry Phillips: He was suspended from the
practice of law by the Supreme Court of Florida for 3 years for violating the
state’s Rules of Professional Conduct. He was immediately suspended by the BIA
on Jan. 14, 2009, based on his 3-year suspension in Florida, pending final
disposition of his case.
- Mohammed Shyllon: He was suspended from the practice
of law by the North Carolina State Bar for 1 year for failing to comply
with the conditions of the stay of a previous suspension. He was immediately
suspended by the BIA on Dec. 22, 2008, based on his suspension in North Carolina,
pending final disposition of his case.
- Uzair Mansoor Siddiqui: He was issued two interim
suspensions by the Virginia State Bar Disciplinary Board for failing to comply
with two subpoenas. He was immediately suspended by the BIA on Dec. 9, 2008,
based on his interim suspensions in Virginia, pending final disposition of his
case.
Final Orders of Discipline
- Kaveh Ardalan: A final order of Dec. 31, 2008,
suspends him from practice before immigration tribunals for 6 months, effective
Aug. 15, 2008. Previously, he was immediately suspended by the BIA on Nov. 20,
2008, based on his 6-month suspension in California.
- Monica Lisa Caballero: A final order of Dec. 22,
2008, suspends her from practice before immigration tribunals for 1 year,
effective Nov. 14, 2008, based on her 6-month suspension in Texas.
- Gloria Salazar Calonge: A final order of Jan. 15,
2009, suspends her from practice before immigration tribunals for 2 years,
effective Dec. 9, 2008. Previously, she was immediately suspended by the BIA
on Dec. 9, 2008, based on her 2-year suspensions in New York and Virginia.
- Allan G. Gallimore: A final order of Jan. 6, 2009,
suspends him from practice before
immigration tribunals for 1 year and 1 day, effective Dec. 9, 2008.
Previously, he was immediately suspended by the BIA on Dec. 9, 2008, based on
his suspension in Pennsylvania for 1 year and 1 day.
- Alan S. Glueck: A final order of Nov. 18, 2008,
expels him from practice before immigration tribunals, effective Oct. 9, 2008,
based on his disbarment in Florida.
- James J. Hoare: A final order of Nov. 25, 2008,
suspends him from practice before immigration tribunals for 90 days, based on
his 90-day suspension in Michigan.
- John W. Kearns: A final order of Jan. 15, 2009,
expels him from practice before immigration tribunals, effective April 6, 2007,
based on his 2-year suspension in Illinois.
- Guy D. Rutherford: A final order of Dec. 3, 2008,
suspends him from practice before immigration tribunals for 6 months, effective
July 10, 2008, based on his 6-month suspension in Ohio.
- Anil Shah: A final appellate order of Nov. 25, 2008,
suspends him from practice before immigration tribunals for 6 months, effective
Dec. 25, 2008, affirming his 6-month suspension imposed by an adjudicating
official for knowingly and willfully misleading the United States Citizenship
and Immigration Services.
Background
The Rules of Professional Conduct appear in Title 8 of the Code of Federal Regulations (8 CFR Parts 1003 and 1292). They 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 suspend immediately a practitioner who has been subject to disbarment, suspension, or resignation with an admission of misconduct as imposed by a federal or state court, or who has been convicted of a serious crime, pending a summary proceeding and final sanction. The Rules of Professional Conduct are available
at http://www.usdoj.gov/eoir/vll/fedreg/2000_2001/fr27jn00R.pdf.
A “List of Disciplined Practitioners” is available at http://www.usdoj.gov/eoir/profcond/chart.htm. In an effort to provide more detailed information about individual attorney discipline cases, every immediate suspension or final order issued can be accessed through this list by clicking on the highlighted “date” link.
Additional information about the Attorney Discipline Program can be found
at http://www.usdoj.gov/eoir/press/00/
profcond.htm and http://www.usdoj.gov/eoir/press/00/profcondfaks.htm on the EOIR website.
- EOIR -
The Executive
Office for Immigration Review (EOIR) is an agency within the Department of
Justice. Under delegated authority from the Attorney General, immigration
judges and the Board of Immigration Appeals interpret and adjudicate
immigration cases according to United States immigration laws. EOIR’s
immigration judges conduct administrative court proceedings in immigration
courts located throughout the nation. They determine whether foreign-born
individuals—who are charged by the Department of Homeland Security (DHS) with
violating immigration law—should be ordered removed from the United States or
should be granted relief from removal and be permitted to remain in this
country. The Board of Immigration Appeals primarily reviews appeals of
decisions by immigration judges. EOIR’s Office of the Chief Administrative
Hearing Officer adjudicates immigration-related employment cases. EOIR is
committed to ensuring fairness in all of the cases it adjudicates.
