November 30, 2009
EOIR Announces Latest Disciplinary Actions Under Rules
of Professional Conduct
Seven Attorneys Immediately Suspended; Eleven Receive
Final Orders
FALLS CHURCH, Va.
– The Executive Office for Immigration Review (EOIR) has recently taken
disciplinary action against 18 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.
Before a suspended or expelled attorney can resume the practice of law before
the immigration courts, the BIA, and DHS, the BIA must reinstate that attorney.
EOIR has recently
taken the following disciplinary actions:
Immediate Suspensions
The BIA ordered the immediate suspension of the following attorneys:
- Lilian Asante: The U.S. District Court for the
Southern District of Ohio convicted Ms. Asante of knowingly and unlawfully
entering into marriage for the purposes of evading a provision of the
immigration laws. The BIA granted the government’s petition for immediate
suspension on Oct. 29, 2009, based on Ms. Asante’s conviction in Ohio and
pending final disposition of her case.
- Mina Baghat: The Court of Appeals of Maryland
disbarred Mr. Baghat from the practice of law for numerous violations of the
state’s Rules of Professional Conduct, including conduct involving lack of
diligence, lack of competence, and misappropriation of trust account funds.
The BIA granted the government’s petition for immediate suspension on Oct. 7,
2009, based on Mr. Baghat’s disbarment in Maryland and pending final
disposition of his case.
- Satish K. Goli: The Supreme Court of New York,
Appellate Division, Second Judicial Department, disbarred Mr. Goli from the
practice of law after accepting his resignation. The BIA granted the
government’s petition for immediate suspension on Sept. 24, 2009, based on Mr.
Goli’s resignation and ultimate disbarment in New York and pending final
disposition of his case.
- Kehinde Oluwaranti Jobi: The Supreme Court of New
York, Appellate Division, First Judicial Department, and the United States
District Court for the Eastern District of New York each suspended Mr. Jobi
from the practice of law for failing to cooperate with the investigation into
his alleged misappropriation of funds. The BIA granted the government’s
petition for immediate suspension on Nov. 4, 2009, based on Mr. Jobi’s
suspensions in New York and pending final disposition of his case.
- Guillermo Napoleon Lopez: The Supreme Court of
Florida suspended Mr. Lopez from the practice of law in Florida. The BIA
granted the government’s petition for immediate suspension on Oct. 7, 2009,
based on Mr. Lopez’s suspension in Florida and pending final disposition of his
case.
- Uchenna Samuel Ogbu-Nwobodo: The Supreme Court of
California suspended Mr. Ogbu-Nwobodo from the practice of law for 60 days for
intentionally, recklessly, or repeatedly failing to perform legal services with
competence and for improper conduct involving termination of his employment.
The BIA granted the government’s petition for immediate suspension on Nov. 4,
2009, based on Mr. Ogbu-Nwobodo’s 60-day suspension in California and
pending final disposition of his case.
- Shahryar S. Shahmardian: The Supreme Court of
Colorado suspended Mr. Shahmardian for 1 year and 1 day for violating the
state’s Rules of Professional Conduct. The BIA granted the government’s
petition for immediate suspension on Sept. 21, 2009, based on his suspension in
Colorado and pending final disposition of his case.
Final Orders of Discipline
- J. Jack Artz: The U.S. Court of Appeals for the 9th Circuit disbarred Mr. Artz from the practice of law in that court for
violations of the court’s rules and orders. The BIA granted the government’s
petition for immediate suspension on Sept. 16, 2009, based on Mr. Artz’s
disbarment by the 9th Circuit Court of Appeals and pending final
disposition of his case. A final order of Oct. 27, 2009, suspends
Mr. Artz from practice before immigration tribunals for 14 months,
effective Sept. 16, 2009, based on his disbarment by the 9th Circuit
Court of Appeals and his continued appearances before the Los Angeles
Immigration Court after his suspension.
- Chandra Mahinda Bogollagama: A final order of Nov.
5, 2009, suspends Mr. Bogollagama indefinitely from practice before
immigration tribunals, based on the revocation of his license to practice law
in Virginia for engaging in the unauthorized practice of law.
- Jose Expedito Mantal Garcia: The Supreme Court of
New York, Appellate Division, Third Judicial Department, suspended Mr. Garcia
from the practice of law for 1 year for a conviction in Virginia for conspiracy
to commit immigration fraud. The BIA granted the government’s petition for
immediate suspension on Sept. 16, 2009, based on Mr. Garcia’s suspension in New
York and pending final disposition of his case. A final order of Oct. 27,
2009, suspends Mr. Garcia indefinitely from practice before immigration
tribunals, effective Sept. 16, 2009, based on his 1-year suspension in New
York.
- Roberta A. Golden: A final order of Oct. 1, 2009,
suspends Ms. Golden from practice before immigration tribunals for 1 year,
effective Jan. 14, 2009, based on her indefinite suspension in Massachusetts
for violating the commonwealth’s rules of professional conduct.
- Howard Teng-Hao Mei: A final order of Oct. 14, 2009,
expels Mr. Mei from practice before immigration tribunals, effective Sept. 9,
2009, based on his consent to disbarment in Maryland.
- Lisa Metellus: A final order of Sept. 29, 2009, suspends Ms.
Metellus from practice before immigration tribunals for 5 years, effective Feb.
19, 2009, based on her disbarment in Florida.
- Navron Ponds: A final order of Oct. 8, 2009,
suspends Mr. Ponds from practice before immigration tribunals for 5 years,
effective Sept. 15, 2009, based on his disbarment in the District of Columbia.
- Fernando J. Ramos: A final order of Sept. 28, 2009,
suspends Mr. Ramos from practice before immigration tribunals for 3 years,
effective Aug. 19, 2009, based on his 3-year suspension in Tennessee.
- Stephen A. Rodriguez: The Review Department of the
California State Bar suspended Mr. Rodriguez indefinitely from the practice of
law for failing to comply with the terms of his probation in a previous
disciplinary case. The BIA granted the government’s petition for immediate suspension
on Sept. 29, 2009, based on Mr. Rodriguez’s indefinite suspension in California
and pending final disposition of his case. A final order of Oct. 22, 2009,
suspends Mr. Rodriguez indefinitely from practice before immigration
tribunals, effective Sept. 29, 2009, based on his indefinite suspension in
California.
- Jagdip Singh Sekhon: A final order of Sept. 24,
2009, expels Mr. Sekhon from practice before immigration tribunals, effective
July 27, 2009, based on his conviction in California.
- Barton Carl Winter: A final order of Oct. 7, 2009,
suspends Mr. Winter from practice before immigration tribunals for 120 days,
effective Aug. 6, 2009, based on his indefinite suspension in Minnesota.
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 and http://www.usdoj.gov/eoir/vll/fedreg/2008_2009/fr18dec08c.pdf.
A "List of Disciplined Practitioners" is available at http://www.justice.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/09/AttorneyDisciplineFactSheet.pdf 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.
