10.9 - Effect on Practitioner's Pending Immigration Cases

(a) Duty to Advise Clients

A practitioner or recognized organization that is disciplined is obligated to advise all clients whose cases are pending before the Immigration Courts, the Board of Immigration Appeals, or the Department of Homeland Security that the practitioner or recognized organization has been disciplined.

(b) Pending Cases Deemed Unrepresented

Once a practitioner has been expelled or disbarred, the practitioner’s pending cases are deemed unrepresented.  The Immigration Court rejects filings that are submitted by a practitioner after he or she has been suspended or disbarred.  See Chapter 3.1(d) (Defective Filings).

(c) Ineffective Assistance of Counsel

The imposition of discipline on a practitioner does not, by itself, constitute evidence of ineffective assistance of counsel in the practitioner’s former cases.

(d) Filing Deadlines

An order of practitioner or recognized organization discipline does not automatically excuse parties from meeting any applicable filing deadlines.