April 30, 2010
EOIR Announces Latest Disciplinary Actions Under Rules
of Professional Conduct
Four Attorneys
Immediately Suspended; Seven Receive Final Orders; Two Are Reinstated
FALLS CHURCH, Va. -- The Executive Office for
Immigration Review (EOIR) has recently taken disciplinary action against 11
attorneys for violations of the Rules of Professional Conduct for immigration
practitioners. Two attorneys have been 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 either a criminal conviction or
a sanction that another jurisdiction imposed.
Disciplinary proceedings
begin when the Office of the General Counsel of either EOIR or the Department
of Homeland Security (DHS), U.S. Citizenship and Immigration Services, 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:
- Theodore A. Mahr: The Supreme Court of Washington
suspended Mr. Mahr from the practice of law for three years for multiple
violations of the state's
rules of professional conduct. The BIA granted the government's petition for immediate
suspension on Jan. 27, 2010, based on Mr. Mahr's
three-year suspension in Washington and pending final disposition of his case.
- Manuel O. Montelongo: The Supreme Court of Nevada
disbarred Mr. Montelongo from the practice of law, by consent, for
multiple violations of the state's
rules of professional conduct. The BIA granted the government's petition for immediate
suspension on Jan. 27, 2010, based on Mr. Montelongo's disbarment and pending final disposition of
his case.
- Antonio Reyes-Vidal: The District Court, Bexar County , Texas, 285th Judicial District, disbarred Mr. Reyes-Vidal from
the practice of law for engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation, and for knowingly making a false statement of
fact in connection with a disciplinary matter. The BIA granted the government's petition for immediate
suspension on Jan. 27, 2010, based on Mr. Reyes-Vidal's disbarment and pending final disposition of
his case.
- Toan Q. Thai: The District of Columbia Court of Appeals
suspended Mr. Thai from the practice of law for 30 days for multiple violations
of the district's rules
of professional conduct. The BIA granted the government's petition for immediate suspension on Jan.
27, 2010, based on Mr. Thai's
30-day suspension in the District of Columbia and pending final disposition of
his case.
Final Orders of Discipline
-
Peter A. Allen: The Supreme Judicial Court for Suffolk County, Mass., suspended Mr. Allen from the practice of law for one year and one
day for multiple violations of the commonwealth's
rules of professional conduct. The BIA granted the government's petition for immediate
suspension on Dec. 22, 2009, based on Mr. Allen's
suspension in Massachusetts and pending final disposition of his case. A final
order of Feb. 17, 2010, suspends Mr. Allen from practice before immigration
tribunals for one year and one day, effective Dec. 22, 2009, based on his
suspension in Massachusetts.
- Jody Brion: The Supreme Court of Alaska suspended Ms.
Brion from the practice of law for one year for multiple violations of the
state's rules of
professional conduct. The BIA granted the government's petition for immediate suspension on Jan. 5,
2010, based on Ms. Brion's
one-year suspension in Alaska and pending final disposition of her case. A
final order of Jan. 27, 2010, suspends Ms. Brion from practice before
immigration tribunals for one year, effective Jan. 5, 2010, based on her
suspension in Alaska.
- Beth Ann Broyles: A final order of Jan. 13, 2010, expels
Ms. Broyles from practice before immigration tribunals, effective Nov. 19,
2009, based on her conviction in the U.S. District Court for the Eastern
District of Virginia.
- Li Nan Chiang: A final order of Jan. 25, 2010, suspends
Mr. Chiang indefinitely from practice before immigration tribunals, based on
his disbarment by the U.S. Court of Appeals for the 7th Circuit
and his 120-day suspension by the Supreme Court of Illinois.
- Dan P. Danilov: A final order of Jan. 13, 2010, suspends
Mr. Danilov indefinitely from practice before immigration tribunals, effective
Sept. 25, 2003, based on his resigning while disciplinary proceedings against
him were pending in Washington State.
- T. Anthony Guajardo: A final order of Dec. 2, 2009,
publicly censures Mr. Guajardo and suspends him from practice before
immigration tribunals for six months, stayed, with conditions, based on his failure
to appear for scheduled hearings in a timely manner.
- Karen Jaffe: A final order of Jan. 13, 2010, suspends Ms.
Jaffe indefinitely from practice before immigration tribunals, effective Nov.
17, 2009, based on her suspension by the U.S. Court of Appeals for the 2nd Circuit.
Reinstatement
- Stephen A. Rodriguez: Mr. Rodriguez was reinstated to practice before immigration tribunals on Jan. 13, 2010, after completing his indefinite suspension.
- Chester Lee Wheless Jr.: Mr. Wheless was reinstated to practice before immigration tribunals on Jan. 5, 2010, after completing his 5-year suspension.
Background
The Rules of Professional Conduct appear in Title 8 of the Code of Federal Regulations
(8 C.F.R. §§ 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 ist 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 an attorney receives is accessible by clicking on the
highlighted data link in this list.
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.
- 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.
