March 19, 2008
EOIR Announces Latest Disciplinary Actions Under Rules
of Professional Conduct
Twelve Attorneys
Immediately Suspended; Three Receive Final Orders; Two Are Reinstated
FALLS
CHURCH, Va. – The Executive Office for Immigration Review (EOIR) has
recently taken disciplinary action against 15 attorneys for violations of the
Rules of Professional Conduct for immigration practitioners. Further,
EOIR has reinstated two attorneys to practice.
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 a
sanction imposed by another jurisdiction or a criminal conviction.
Disciplinary
proceedings begin when the Office of the General Counsel of either EOIR or the
U.S. Citizenship and Immigration Services, Department of Homeland Security
(DHS), 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. Attorneys who are suspended or expelled must be reinstated
by the BIA before they can resume the practice of law before the BIA, the
immigration courts, and DHS.
EOIR
has recently taken the following disciplinary actions:
Immediate Suspensions
The BIA ordered the immediate suspension of the following
attorneys:
- Ande
Abraha: He was suspended from the practice of law in New York and
disbarred in New Jersey for multiple violations of those states’ rules of
professional conduct, including commingling personal and trust funds, knowingly
misappropriating trust funds, and engaging in conduct involving dishonesty,
fraud, deceit, or misrepresentation. He was immediately suspended on Feb.
12, 2008, based on his suspension in New York and his disbarment in New Jersey,
pending final disposition of his case.
- Anthony
Joseph Allegrino, II: He was disbarred in California for misconduct
involving competence, charging unconscionable fees, misappropriating funds, and
improperly withdrawing from representation. He was immediately suspended
by the BIA on Jan. 10, 2008, based on his disbarment in California, pending
final disposition of his case.
- Walter
P. Bubna: He was suspended from the practice of law in Ohio
for 6 months for
multiple violations of the state’s rules of professional conduct,
including misconduct involving issues of neglect, commingling of funds, and
conduct that adversely reflects on an attorney’s fitness to practice
law. He was immediately suspended on Feb. 12, 2008, based on his 6-month
suspension in Ohio, pending final disposition of his case.
- William
Shaw Carpenter: He was suspended from the practice of law in Iowa for
an interim period due to a disability that renders him unable to discharge his
professional obligations. He was immediately suspended on Feb. 8, 2008,
based on his interim suspension in Iowa, pending final disposition of his
case.
- Angel
O. Cruz: He was suspended from the practice of law in Texas
for 24
months, with an active suspension of 3 months, for neglecting a legal
matter. He was immediately suspended on Feb. 29, 2008, based on his 24-month
suspension with a 3-month active suspension in Texas, pending final disposition
of his case.
- Melvin
G. Duke: He was disbarred in New York for, among other things,
misappropriation of funds, engaging in conduct that is prejudicial to the
administration of justice, and engaging in conduct that adversely reflects on
his fitness as a lawyer. He was immediately suspended by the BIA on Jan.
8, 2008, based on his disbarment in New York, pending final disposition of his
case.
- Martin Resendez Guajardo: He resigned from the U.S. Court
of Appeals for the Ninth Circuit for admitted violations of the court’s
rules and orders. He was immediately suspended on March 5, 2008, based on
his resignation from the U.S. Court of Appeals for the Ninth Circuit, pending
final disposition of his case.
- Albert
S. Lefkowitz: He was suspended from the practice of law in New York
for 3 months for repeatedly aiding non-lawyers in the unauthorized practice of
law, repeatedly engaging in conflicts of interest by failing to disclose
potential divided loyalties and accepting compensation from an agency, and
engaging in a pattern of professional misconduct that adversely reflected on
his fitness as a lawyer. He was immediately suspended on Feb. 26, 2008,
based on his 3-month suspension in New York, pending final disposition of his
case.
- Noel
L. Lippman: He was suspended from the practice of law in Michigan
for 1 year for making knowing and intentional
misrepresentations in an answer to a request for investigation and making a
false statement of material fact to a tribunal, in addition to neglecting an
immigration matter. He was immediately suspended on Feb. 29, 2008, based
on his 1-year suspension in Michigan, pending final disposition of his case.
- Robert
J. McQuade: He was suspended from the practice of law for 180 days in
Michigan for being arrested for possession of a synthetic narcotic and narcotic
equipment, which constitutes conduct that violates a criminal law of a state or
the United States, involves dishonesty, fraud, deceit, or misrepresentation or
a violation of criminal law, exposes the legal profession to obloquy, contempt,
censure, or reproach, and is contrary to justice, ethics, honesty, or good
morals. He was immediately suspended by the BIA on Jan. 18, 2008, based
on his suspension in Michigan, pending final disposition of his case.
- Anthony
Nwosu: He was suspended from the practice of law for 18 months in the
United States Court of Appeals for the Ninth Circuit for making false or
misleading statements to the court with the intent to deceive the court,
failing to maintain a current address with the court, filing defective briefs,
and filing petitions for review before he became a member of the court’s
bar, all of which constitutes conduct unbecoming a member of the court’s
bar. He was immediately suspended on Jan. 18, 2008, based on his
suspension in the United States Court of Appeals for the Ninth Circuit, pending
final disposition of his case.
- Carl
M. Weideman, III: He was suspended from the practice of law in
Michigan for 4 years for multiple violations of the state’s rules of
professional conduct, including misconduct involving a breach of his fiduciary
obligations as executor of a California decedent’s estate by loaning
estate funds to himself and/or his law firm to finance litigation and to pay
for personal debts. He was immediately suspended on Feb. 12, 2008, based
on his 4-year suspension in Michigan, pending final disposition of his case.
Final Orders of Discipline
-
Anthony
Joseph Allegrino, II: A final order of Feb. 12, 2008, expels him from
practice before immigration tribunals, effective Jan. 10, 2008, based on his
disbarment in California.
- Alain
Armand: A final order of Feb.12, 2008, suspends him from practice
before immigration tribunals, effective Dec. 14, 2007, based on his 30-day and
91-day suspensions in Florida.
- Lauren
Mason: A final order of Jan. 31, 2008, suspends him from practice
before immigration tribunals for 120 days, effective Jan. 31, 2008, based on
his failures to appear for scheduled hearings in a timely manner without good
cause in 13 separate immigration matters and his providing ineffective
assistance of counsel in one immigration matter.
Reinstatements
- Eleanor Chen: She was reinstated to practice before immigration tribunals on Feb. 8, 2008, after she completed her 60-day suspension before EOIR.
- Barry R. Nager: He was reinstated to practice before immigration tribunals on Feb. 26, 2008, after he completed his 90-day suspension before EOIR.
Background
The Rules of Professional Conduct appear in Title 8 of the Code of Federal Regulations (8 CFR Parts 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.
A “List 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 issued can be accessed through this list by clicking on the highlighted “date” link.
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, an agency within the Department of Justice, 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 the fair, expeditious, and uniform interpretation and application of immigration law in all cases.
