January 15, 2009
EOIR Announces Latest Disciplinary Actions Under Rules
of Professional Conduct
Nine Attorneys
Immediately Suspended; Three Receive Final Orders; Two Are Reinstated
FALLS CHURCH, Va.
– The Executive Office for Immigration Review (EOIR) has recently taken
disciplinary action against 12 attorneys for violations of the Rules of
Professional Conduct for immigration practitioners. Two attorneys were
reinstated.
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:
- Monica Lisa Caballero: She was suspended from the
practice of law by the State Bar of Texas for six months for multiple
violations of the state’s Rules of Professional Conduct. She was immediately
suspended by the BIA on Nov. 14, 2008, based on her 6-month suspension in
Texas, pending final disposition of her case.
- Alan S. Glueck: He was disbarred by the
Supreme Court of Florida for multiple violations of the state’s Rules of
Professional Conduct. He was immediately suspended by the BIA on Oct. 9, 2008,
based on his disbarment in Florida, pending final disposition of his case.
- James J. Hoare: He was suspended from the practice
of law by the Michigan Attorney Discipline Board for 90 days for multiple
violations of the state’s Rules of Professional Conduct. He was immediately
suspended by the BIA on Oct. 21, 2008, based on his 90-day suspension in
Michigan, pending final disposition of his case.
- Carolyn Sue Janzen: She was suspended from the
practice of law by the Supreme Court of California for 9 months for failing to
comply with the conditions of her California State Bar Court Alternative
Discipline Program Plan and failing to comply with the terms of her Lawyer
Assistance Program Participation Plan. She was immediately suspended by the
BIA on Oct. 21, 2008, based on her 9-month suspension in California, pending final
disposition of her case.
- James L. Rosenberg: He was suspended from the
practice of law by the U.S. Court of Appeals for the 9th Circuit for 1 year for engaging in conduct unbecoming a member of the bar and
violations of the court rules. He was immediately suspended by the BIA on Oct.
9, 2008, based on his 1-year suspension in the 9th Circuit, pending
final disposition of his case.
- Guy D. Rutherford: He was suspended by the Supreme
Court of Ohio for 6
months after his stay of suspension from a previous disciplinary case was
revoked. He was immediately suspended by the BIA on Oct. 21, 2008, based on
his 6-month suspension in Ohio, pending final disposition of his case.
- Paul A. Schelly: He was placed on involuntary
inactive enrollment status and recommended for disbarment by the California
State Bar Court, Hearing Department, for practicing immigration law while under
an order of suspension. He was immediately suspended by the BIA on Oct. 30,
2008, based on his involuntary inactive enrollment status, pending final disposition
of his case.
- Ihab Tartir: He was convicted in the U.S. District
Court for the Southern District of New York of a serious crime relating to his
immigration law practice. He was immediately suspended by the BIA on Nov. 13,
2008, based on his conviction in New York, pending final disposition of his
case.
- Frank X. Weinert: His name was voluntarily stricken
from the roll of attorneys licensed to practice law in Illinois after being
charged with multiple violations of the state’s Rules of Professional Conduct.
He was immediately suspended by the BIA on Oct. 9, 2008, based on his consent
to have his name stricken from the roll of licensed attorneys, pending final
disposition of his case.
Final Orders of Discipline
- Alexander O. Akpodiete: A final order of Oct. 21,
2008, suspends him from practice before immigration tribunals for 6 months,
effective Sept. 3, 2008, based on his 6-month suspension in Florida.
- Troy A. Baker: A final order of Oct. 17, 2008,
expels him from practice before immigration tribunals, effective Sept. 3, 2008,
based on his disbarment in Nevada.
- Martin Resendez Guajardo: A final order of Oct. 1,
2008, suspends him from practice before immigration tribunals for 1 year,
effective March 5, 2008, based on a settlement agreement reached by the
parties.
Reinstatements
- James L. Lane: He was reinstated to practice before
immigration tribunals on Nov. 13, 2008, after he completed his 30-day
suspension before EOIR. EOIR’s suspension was based on his 30-day suspension
in Oregon, effective Sept. 19, 2008, for engaging in conduct involving
dishonesty or misrepresentation.
- Peter D. Winthrop: He was reinstated to practice
before immigration tribunals on Oct. 23, 2008, after he completed his 2-year
suspension before EOIR.
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.
