BIA FINDS AN IMMIGRATION LAWYER WHO HAD HIS LEGAL ASSISTANT IMPERSONATE HIM DURING MULTIPLE TELEPHONIC APPEARANCES BEFORE IMMIGRATION JUDGES WAS APPROPRIATELY SUSPENDED FROM PRACTICE BEFORE THE IMMIGRATION COURTS, THE BIA, AND DHS FOR 16 MONTHS AND PROHIBITED FROM APPEARING TELEPHONICALLY BEFORE AN IJ FOR 7 YEARS.
On June 25, 2015, the Board of Immigration Appeals (BIA), in adjudicating the appeal of an immigration lawyer who enlisted his legal assistant to impersonate him during telephonic appearances in Immigration Court and was charged with assisting and facilitating the unlawful practice of law; knowingly making false statements of material fact; engaging in conduct prejudicial to the administration of justice; and, failing to provide competent representation, refused to disturb the factual findings, conclusion and ruling of the Adjudicating Official. In adopting and affirming the Official’s ruling as to punishment, the BIA found it was in the public interest to sanction the respondent, holding that the discipline imposed was reasonable and fair as the act of having one’s legal assistant impersonate him “is a serious offense that warrants the sanctions the Adjudicating Official imposed after carefully weighing the aggravating and mitigating factors present.” Matter of P. Singh, Attorney, 26 I & N Dec. 623 (BIA 2015).
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