Consent Stayed Suspension For Immigration Case Incompetence

The District of Columbia Court of Appeals accepted a consent disposition for the following misconduct

In brief, after the client had pleaded guilty and been convicted of burglary in the Circuit Court of Fairfax County, Virginia, the United States Department of Homeland Security instituted proceedings for his removal on the premise that he had been convicted of an “aggravated felony” as defined by the Immigration and Nationality Act, see 8 U.S.C. § 1101 (a)(43)(G). In attempting to forestall his client’s removal, respondent made several missteps that jeopardized his client’s rights. First, respondent petitioned the Virginia Circuit Court to vacate his client’s conviction and guilty plea based on the mistaken claim that the court had failed to advise his client about the potential immigration consequences of the conviction. Thereafter, without consulting his client, respondent dismissed the petition, conceded removability before the Immigration Court, and did not seek to challenge or delay his client’s deportation on any other ground. Ultimately, the client retained new counsel who successfully argued against removal on the ground that the burglary offense for which he had been convicted was not an “aggravated felony” within the meaning of the Immigration and Nationality Act.

The agreement

Disciplinary Counsel and respondent negotiated the imposition of discipline in the form of a thirty-day suspension, stayed, and one year of probation during which respondent must (1) contact the District of Columbia Bar’s Practice Management Advisory Service (PMAS) within thirty days of the commencement of the probationary period and schedule and obtain an assessment; (2) implement any PMAS recommendations; (3) provide PMAS with a signed release waiving confidentiality so Disciplinary Counsel can verify respondent  obtained an assessment; (4) join the American Immigration Lawyers’ Association (AILA), or an equivalent organization; (5) enroll in and attend ten CLE hours pertaining to immigration law; (6) submit proof of both his enrollment in AILA, or an equivalent organization, and his completion of ten CLE hours pertaining to immigration law; and (7) not be found to have engaged in any ethical misconduct.

The court 

In accordance with our procedures in uncontested disciplinary cases, we agree this case is appropriate for negotiated discipline.

Bravo as always but note that the single complaint matter still took a full three years to resolve. (Mike Frisch)