U.S. Department of Justice
Executive Office for Immigration Review
Office of the Director
5107 Leesburg Pike, Suite 2600
Falls Church, Virginia 22041

April 6, 2009

EOIR Announces Latest Disciplinary Actions Under Rules of Professional Conduct
Seven Attorneys Immediately Suspended; Seven Receive Final Orders; One is Reinstated

FALLS CHURCH, Va. – The Executive Office for Immigration Review (EOIR) has recently taken disciplinary action against 14 attorneys for violations of the Rules of Professional Conduct for immigration practitioners.  One attorney was reinstated.

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:

• Gregory Chandler:  He was placed on involuntary inactive enrollment status by the California State Bar Court, Hearing Department, for failing to comply with an arbitration award.  He was immediately suspended by the BIA on Feb. 19, 2009, based on his involuntary inactive enrollment status, pending final disposition of his case.
  
  
• Jeffrey L. Krain:  He was suspended from the practice of law in Pennsylvania by the Supreme Court of Pennsylvania for 4 years for multiple violations of the state’s Rules of Professional Conduct.  He was immediately suspended by the BIA on Feb. 19, 2009, based on his 4-year suspension in Pennsylvania, pending final disposition of his case.



• Adenet Medacier:  He was disbarred by the Supreme Court of Florida for multiple violations of the state’s Rules of Professional Conduct.  He was immediately suspended by the BIA on Feb. 11, 2009, based on his disbarment in Florida, pending final disposition of his case.



• Lisa Metellus:  She was immediately suspended from the practice of law in Florida by the Supreme Court of Florida for trust account violations.  She was immediately suspended by the BIA on Feb. 19, 2009, based on her immediate suspension in Florida, pending final disposition of her case.



• Yohan Park: He was immediately suspended from the practice of law in New York by the New York Supreme Court’s Appellate Division for the Second Judicial Department for violations of the state’s Rules of Professional Conduct. He was immediately suspended by the BIA on Feb. 19, 2009, based on his immediate suspension in New York, pending final disposition of his case.



• Mario A. Ruiz De La Torre: He was suspended from the practice of law in Florida by the Supreme Court of Florida for 18 months for engaging in a criminal act. He was immediately suspended by the BIA on Feb. 19, 2009, based on his 18-month suspension in Florida, pending final disposition of his case.



• Kevin M. Shepherd:  He was suspended from the practice of law in Michigan by the Michigan Attorney Discipline Board for 1 year for multiple violations of the state’s Rules of Professional Conduct.  He was immediately suspended by the BIA on Feb. 11, 2009, based on his 1-year suspension in Michigan, pending final disposition of his case.

Final Orders of Discipline

• Ricardo R. Amador:  A final order of Feb. 4, 2009, suspends him from practice before immigration tribunals for 90 days, effective Dec. 22, 2008, based on his 90-day suspension in Texas.



• Brian C. Casterline:  A final order of March 6, 2009, suspends him from practice before immigration tribunals for 2 years and 11 months, effective Dec. 22, 2008, based on his suspension in Michigan.



• Jacqueline M. Fernandez:  A final order of March 6, 2009, suspends her from practice before immigration tribunals for 18 months, effective Nov. 20, 2008, based on her 18-month suspension in Florida.



• James D. Hollister:  A final order of Feb. 4, 2009, suspends him from practice before immigration tribunals for 30 months, effective Sept. 5, 2008, based on his 30-month suspension by the U.S. Court of Appeals for the Ninth Circuit.



• Leah Larsen:  A final order of Feb. 4, 2009, suspends her from practice before immigration tribunals for 2 ½ years, effective Dec. 22, 2008, based on her suspension in New York for 2 ½ years.



• Mohammed Shyllon:  A final order of Feb. 11, 2009, expels him from practice before immigration tribunals, effective Dec. 22, 2008, based on his 1-year suspension in North Carolina.



• Ihab Tartir:  A final order of Feb. 24, 2009, expels him from practice before immigration tribunals, effective Nov. 13, 2008, based on his criminal conviction in the U.S. District Court for the Southern District of New York.

Reinstatement

• Kaveh Ardalan:  He was reinstated to practice before immigration tribunals on March 4, 2009, after he completed his 6-month 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 and http://www.usdoj.gov/eoir/vll/fedreg/2008_2009/fr18dec08c.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/09/AttorneyDisciplineFactSheet.pdf on the EOIR website.

- EOIR -

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice.  Under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interpret and adjudicate immigration cases according to United States immigration laws.  EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation.  They determine whether foreign-born individuals—who are charged by the Department of Homeland Security (DHS) with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country.  The Board of Immigration Appeals primarily reviews appeals of decisions by immigration judges.  EOIR’s Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases.  EOIR is committed to ensuring fairness in all of the cases it adjudicates.

 

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