Unappealing
The District of Columbia Court of Appeals has imposed a six-month suspension with a fitness requirement for misconduct in immigration appeals
The Board accepted the Committee’s factual findings that Aroon R. Padharia filed thirty separate Petitions for Review of adverse immigration decisions in the United States Court of Appeals for the Fourth Circuit but failed to file briefs in twenty-nine of those cases, although he had sought and obtained extensions of time to do so. After his clients notified him that they did not want to pursue their appeals, respondent failed to notify the court of his clients’ decisions and failed to file motions to dismiss. By doing nothing, he obliged the court to eventually dismiss those appeals for failure to prosecute.
The Board adopted the findings of the Committee that respondent violated Rule 3.4(c) by knowingly disobeying his obligations under the rules of a tribunal. Although the Committee concluded that respondent’s routine disregard for court orders and rules in these matters did not seriously interfere with the administration of justice, the Board disagreed and found that respondent’s actions and omissions seriously interfered with the administration of justice and thus violated Rule 8.4(d). See, e.g., In re Murdter, 131 A.3d 355, 357 (D.C. 2016).1 The Board agreed with the Hearing Committee that respondent violated both Rule 8.4(d) and Rule 8.1(b) by failing timely to respond to the inquiries of Disciplinary Counsel.
The attorney did not file exceptions to the board report
Respondent initially informed this court that he would oppose the Board’s report and was given numerous extensions of time to do so; however, he failed to file a brief, and we consider the underlying factual findings to be uncontested. We further conclude that the record supports those factual findings of the Committee which the Board adopted, as well as the Board’s additional findings and conclusions that respondent’s actions during his representation in the immigration cases violated Rule 8.4(d).
(Mike Frisch)