U.S. Department of Justice Executive Office for Immigration Review Office of the Director 5107 Leesburg Pike, Suite 2600 Falls Church, Virginia 22041 July 17, 2006
EOIR Announces Latest Disciplinary Actions Under Rules of Professional Conduct Two Attorneys Immediately Suspended; Two Receive Final Orders
FALLS CHURCH, Va. – The Executive Office for Immigration Review (EOIR) has taken disciplinary action against four attorneys after charging them with violations of the Rules of Professional Conduct for immigration practitioners. The Rules of Professional Conduct appear in Title 8 of the Code of Federal Regulations (8 CFR Parts 1003 and 1292). In most cases, the disciplinary action is initiated as a result of sanctions imposed by other jurisdictions or a criminal conviction.
Although the disciplinary process may vary according to the specific circumstances of each case, generally it includes the following steps:
Disciplinary proceedings begin with a Notice of Intent to Discipline filed with the Board of Immigration Appeals (BIA) by the Office of the General Counsel of either EOIR or U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS). The BIA requires the attorney to respond to the alleged violations. In some cases, a Petition for Immediate Suspension also is filed and the BIA orders the attorney to be suspended immediately from practice before the immigration courts, the BIA, and the DHS. (DHS joins EOIR in taking the disciplinary action.) Disciplined attorneys are directed to notify promptly, in writing, their clients with pending immigration cases that they may no longer represent them before the BIA, the immigration courts, or the DHS. Disciplined attorneys must petition and be reinstated by the BIA before they can resume the practice of law before the BIA, the immigration courts, and the DHS.
Immediate Suspension The BIA ordered the immediate suspension of the following attorneys:
Nancy Carper: She was suspended from the practice of law for 3 years by the Supreme Court of Illinois for numerous violations of the state’s rules of professional conduct, including failing to act with reasonable diligence, engaging in conduct that involves dishonesty, fraud, deceit, or misrepresentation, and engaging in conduct that is prejudicial to the administration of justice. She was immediately suspended by the BIA on June 21, 2006, based on her suspension in Illinois, pending final disposition of her case.
Margot S. Jones: She was suspended from the practice of law for 2 years by the Supreme Court of Pennsylvania for numerous violations of the state’s rules of professional conduct, including incompetence, failure to communicate, and engaging in conduct that involves dishonesty, fraud, deceit, or misrepresentation. She was immediately suspended by the BIA on June 27, 2006, based on her suspension in Pennsylvania, pending final disposition of her case. Final Orders of Discipline The BIA issued a Final Order of Discipline against the following attorneys:
Karen Jaffe: A final order of July 6, 2006, suspends her from practice before immigration tribunals for 30 days, effective June 12, 2006, based on her suspension by the U.S. Court of Appeals for the Second Circuit for making false statements to the court.
John E. Price: A final order of June 27, 2006, suspends him from practice before immigration tribunals for 5 years, effective June 1, 2006, based on his disbarment in Missouri for violations of the state rules of professional conduct, including incompetence, failure to communicate, and engaging in conduct that involves dishonesty, fraud, deceit, or misrepresentation. Background The Rules of Professional Conduct 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 state or federal court, or who has been convicted of a serious crime, pending a summary proceeding and final sanction. They are available on the EOIR website at http://www.usdoj.gov/eoir/vll/fedreg/2000_2001/fr27jn00R.pdf.
EOIR announces these disciplinary actions to inform the public about practitioners who are not authorized to represent any matter before an immigration tribunal. EOIR also posts a "List of Suspended and Expelled Practitioners" on its website at http://www.usdoj.gov/eoir (near the bottom of EOIR's home page). In an effort to provide more detailed information about individual attorney discipline cases, every new immediate suspension or final order issued beginning June 27, 2005, can be accessed through this list by clicking on the highlighted “date” link. Links to older orders, issued since July 2000, will be included gradually.
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 -
EOIR is responsible for adjudicating immigration cases. Specifically, under delegated authority from the Attorney General, EOIR interprets and administers federal immigration laws by conducting immigration court proceedings, appellate reviews, and administrative hearings. EOIR consists of three components: the Office of the Chief Immigration Judge, which is responsible for managing the numerous immigration courts located throughout the United States where immigration judges adjudicate individual cases; the Board of Immigration Appeals, which primarily conducts appellate reviews of immigration judge decisions; and the Office of the Chief Administrative Hearing Officer, which adjudicates immigration-related employment cases. EOIR is committed to providing fair, expeditious, and uniform application of the nation's immigration laws in all cases.
Information about EOIR immigration proceedings is available on EOIR's website at http://www.usdoj.gov/eoir/ press/subject.htm.
-------------------------------------------------------------------------------- NEWS RELEASE Printable version Contact: Office of Legislative and Public Affairs (703) 305-0289 Fax: (703) 605-0365 Internet: www.usdoj.gov/eoir
