BAPTIST EDUCATION CENTER

Interim Decision #3210

MATTER OF BAPTIST EDUCATIONAL CENTER

Withdrawal of Recognition

Decided by Board September 20, 1993

(1) In a proceeding under 8 C.F.R. 6 292.2(c) (1993) to withdraw recognition of an

organization authorized to practice before the Immigration and Naturalization

Service and the Board of Immigration Appeals, an organization seeking to retain its

status as a recognized organization must demonstrate by clear, unequivocal, and

convincing evidence that it continues to satisfy the requirements for recognition under

8 C.F.R. § 292.2(a) (1993).

(2) The Board terminated the respondent's status as a recognized organization under 8

C.F.R. § 292.2(c) (1993), having found that the respondent had not established by

clear. unequivocal. and convincing evidence that it was a non-profit organization,

independent of and separate and apart trom its founder and representative, Reverend

Marc Azard, a non-lawyer who used the respondent's recognition as a means of

continuing his immigration counseling practice to receive income for himself.

ON BEHALF OF RESPONDENT: ON BEHALF OF SERVICE:

Kurt G. Clarke, Esquire Dorothy Stefan

6065 Hillcroft, Suite 501 General Attorney

Houston, Texas 77081

BY: Dunne, Acting Chairman; Morris and Vacca, Board Members

On February 13, 1992, the district director issued a Notice of Intent

to Withdraw Recognition of the respondent pursuant to 8 C.F.R.

§ 292.2 (1992). In a decision dated June 17, 1992, the immigration

judge issued findings of fact and a recommendation that the respon-

dent's recognition as an organization qualified to represent individuals

in matters before the Immigration and Naturalization Service and the

Board of Immigration Appeals (including the immigration judges) be

terminated. Based upon our review of the record, the respondent's

recognition will be withdrawn.

Pursuant to 8 C.F.R. § 292.2(a) (1993), a nonprofit religious,

charitable, social service, or similar organization established in the

United States may be recognized by the Board of Immigration

Appeals. Such an organization must establish to the satisfaction of the

Board that it makes only nominal charges, that it assesses no excessive

membership dues for persons given assistance, and that it has at its

disposal adequate knowledge, information, and experience in immi-

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Interim Decision #3210

gration law and procedure. An organization recognized by the Board

under 8 C.F.R. § 292.2(a) (1993) may apply for accreditation of

persons of good moral character as its representatives. An organization

may apply to have a representative accredited to practice solely before

the Immigration and Naturalization Service, or before the Immigra-

tion and Naturalization Service and the Board of Immigration Appeals

(which includes practice before the immigration judges). An applica-

tion for accreditation must fully set forth the nature and extent of the

proposed representative's experience and knowledge of immigration

and naturalization law and procedure and the category of accreditation

sought.

On February 13, 1992, the district director issued a Notice of Intent

to Withdraw Recognition in the respondent's case. Hearings were held

on April 27 and 28, 1992, before an immigration judge. At these

hearings the Service presented evidence and testimony of witnesses in

support of its case. This evidence discloses that on November 5, 1990,

the respondent applied for recognition under 8 C.F.R. § 292.2 (1990)

and requested accreditation for Rev. Marc Azard to practice before the

Service and the Board. At the hearing, the Service submitted the

respondent's original request for recognition and accreditation for

Rev. Marc Azard as its representative. In its submission the respon-

dent had presented documentation to show that it was incorporated in

the State of Texas on August 16, 1990, and stated that it would replace

Main World. Immigration Service, an organization recognized by the

Board, as such organization, which was supported by the South Main

Baptist Church, was terminating its operation on December 31, 1990.

In its submission for recognition, the respondent stated that it was

supported by several Baptist churches in Houston and that "there [sic]

pastors and congregations have pledged to support this ministry with

financial support and prayers." In its original submission, the respon-

dent listed its address as 12377 Dairy Ashford Road in Houston and

stated that it would impose no charges or membership fees for its

services. The respondent also included a copy of its Articles of

Incorporation which reflect its Dairy Ashford Road address and state

that its incorporators are Marc Azard, Esther Azard, and Daniel

Pantlitz. These Articles also list the Azards' address as 12377 Dairy

Ashford in Houston. Concerning the qualifications of Rev. Azard, the

respondent offered his resume in its original request for recognition

and accreditation of Rev. Azard. This document reflects that Rev.

Azard is a graduate of a law school in Texas. He had been employed by

Main World Immigration Service in its immigration counseling

program fruit' June 1976 until its terminatiun in December 1990 and

he worked as a researcher and aide in immigration matters for two

attorneys from 1978 until 1989. Letters of support from various

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Interim Decision #3210

individuals attesting to Rev. Azard's good moral character were also

submitted. As required by S C.F.R. § 292.2(b) (1993) the district

director submitted his recommendation and proposed that the respon-

dent's request be favorably considered. In a decision dated March 12,

1991, the Board granted the respondent's requests for recognition and

for accreditation of Rev. Azard as it accredited representative

authorized. to practice before the Service and the Board. The roster of

recognized organizations maintained by the Board during the period at

issue lists the respondent's address as 12377 Dairy Ashford Road in

Houston.

The record further reflects that in correspondence dated October 2,

1991, the Service and the Board were contacted by an attorney from

Houston, Texas, who noted that the list of accredited representatives

which is distributed to indigent aliens by the Service in Houston

contained a listing for a private law firm, Fuller and Clark, located at

6065 Hillcroft, Suite 501, in Houston with Marc Azard as the

accredited representative. As a result of such correspondence, on

October 17, 1991, the Service prepared a report based upon an

investigation conducted by a Service special agent. In this report, the

agent states that the Houston telephone directory lists 12377 Dairy

Ashford as the residence of Marc Azard. An investigation conducted at

that address revealed that it was a. residence located in a townhouse

community. No signs or placards were located there. The Service agent

interviewed the United States postal worker in that vicinity who stated

that he recognized 12377 South Dairy Ashford as the address to which

he delivers mail in the name of Marc Azard, and he further stated that

he did not recognize the respondent's name and never delivered mail

to the respondent at the Dairy Ashford address. In this report the

Service agent also states that he visited 6065 Hillcroft Avenue in

Houston, where the directory of the office building reflected that Dr.

Marc Azard occupied Suite 501. He further states that the door leading

to Suite 501 had three separate placards on it, including Kurt G.

Clarke, attorney at law, K. Omani Fullerton, attorney at law, and Dr.

Marc Azard with no other identifying data. Finally, as part of his

report, the Service agent interviewed Phil Martin, senior administrator

of the South Main Baptist Church of Houston, which operated Main

World Immigration Service, an organization which was previously

recognized by the Board under our regulations. Mr. Martin informed

the Service agent that Rev. Azard was in charge of that program, but

that its operations ceased on December 31, 1990, and Rev. Azard's

employment was terminated as of that date. Mr. Martin also stated

that South Main Baptist Church is in no way affiliated with the

respondent and that he was not familiar with the Baptist Educational

Center.

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Interim Decision. #3210

At the hearing concerning the Service motion to withdraw the

respondent's right to practice before it and the Board, the Service also

offered into evidence an updated investigative report dated February

18, 1992, prepared by Michael Bouras, a Service special agent. In this

report, Rev. James Turner of the South Main Baptist Church was

interviewed and verified that that church does not provide assistance

or financial support to the respondent. An investigation at 6065

Hillcroft, Suite 501, in Houston disclosed that Rev. Azard had moved

to Suite 510 at that address but, although a name plate on the door

identified the occupant as Rev. Azard, no mention is made of the

respondent. The investigator further states in his report that the

entrance to Suite 501 is approximately 20 feet from Suite 510.

The investigator also interviewed Marc Azard on January 22, 1992.

Rev. Azard claimed that the respondent was incorporated using

Azard's home address due to lack of funds to rent office space. He

further stated that when Main World Immigration Service ceased

operations, he had been involved in many ongoing immigration cases

which he could not drop and that recognition of the respondent

allowed him to continue his participation in these matters. He

acknowledged that initially he was provided office space by attorney

Clarke who permitted him to use his office on weekends but he stated

that the respondent now maintains a separate office. Rev. Azard also

informed the investigator that the respondent receives no support

from any area churches or from any source other than represented

aliens. Rev. Azard also provided the investigator with bank statements

allegedly pertaining to the respondent, but such statements disclose

that this account is a personal account of Marc and Esther Azard at the

Bank of Houston. The respondent's minutes of its Board of Directors

meetings were included in the investigative report and reflect in

pertinent part that the respondent shared office space with attorney

Clarke, that the organization's funds were deposited in a personal

account of Rev. Azard and his wife, and that Mr. Clarke agreed to

.

represent the respondent's clients until recognition was granted.

As part of this investigation, former clients of the respondent were

interviewed by Service investigator Bouras. Mario Santos -Aparisio

stated that he first met Rev. Azard in November 1990 when he

contacted Main World Immigration Service for legal assistance

involving his and his wife's deportation case, for which services each

paid $75 to Main World. This individual also stated that he again

contacted Rev. Azard in January 1991 at the 6065 Hillcroft address

where he observed that Rev. Azard had an office with other attorneys.

This individual also informed the investigator that Rev. Azard told

him that continuation of the case required an additional $350 which

he paid to Rev. Azard. Lynette Phillip, a former client of the

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Interim Decision #3210

respondent's, was also interviewed. She informed the investigator that

she contacted Rev. Azard based on the Accredited Organizations List,

which she was provided by the Service when she was served with an

Order to Show Cause in her deportation case. She stated that she met

with Rev. Azard on April 17, 1991, at the fifth floor address at 6065

Hillcroft and stated that he seemed to be sharing office space with two

other attorneys, including Kurt Clarke. She further stated that, when

Rev. Azard introduced her to Mr. Clarke, Rev. Azard began to discuss

her case with him and Mr. Clarke stated he could represent her for

$3,000. When she explained to him that she did not have such funds,

Mr. Clarke left but Rev. Azard continued to encourage her to have Mr.

Clarke handle her hearing. Eventually she agreed to pay Mr. Clarke

$300 for representation but he refused further representation until she

paid him $3,000. She further stated that she paid no money to Rev.

Azard, who never mentioned the respondent to her. Documentation in

the record concerning Rev. Azard's acquaintance with Ms. Phillip

includes a Notice of Appearance (Form G-28) in her case dated June

28, 1991, another dated September 19, 1991, from the respondent,

signed by Marc Azard and listing the respondent's address as Suite 501

at 6065 Hillcroft, and a Notice of Appearance (Form G-28) dated May

22, 1991, signed by Kurt Clarke and listing his address as Suite 501,

6065 Hillcroft; a brief which is dated August 28, 1991, in Ms. Phillip's

case from Marc Azard, who signed such document "Marc Azard,

representative" and lists his address as Suite 501, 6065 Hillcroft;

letters dated May 22, 1991, and July 8, 1991, from Kurt Clarke to the

Service, requesting work authorization for Ms. Phillip; and correspon-

dence dated July 12, 1991, from Mr. Clarke to Ms. Phillip stating that

as the fee for her case is $2,000 and she has paid only $300 (receipt

attached), he will no longer represent her unless she remits the balance.

Concernifig Ms. Phillip's case, an affidavit from her new representa-

tive, Nancy Falgout, was also submitted by the Service at the hearing.

In this affidavit Ms. Falgout states that she has listened to the recorded

transcript of Ms. Phillip's July 3, 1991, deportation hearing and that

this transcript reveals that Rev. Azard and Mr. Clarke both appeared

at and participated in that hearing as her representatives.

In the investigative report dated February 18, 1992, investigator

Bouras related that he also spoke with another of Rev. Azard's former

clients, Miguel Andrade-Vivar, who supplied the investigator with his

affidavit. Mr. Andrade-Vivar stated that he first met Rev. Azard on

December 10, 1990, at Main World Immigration Service. He stated

that immediately prior to that time, his wife paid Rev. Azard $420 for

a bond reduction hearing. At the December 10, 1990, meeting, Rev.

Azard informed him that he had moved to a new address at Suite 501,

6065 Hillcroft and that he required a retainer of $300 to continue the

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case, which Mr. Andrade-Vivar paid. This affiant further stated that

on January 10, 1991, he went to the Hillcroft Street offices to discuss

the upcoming deportation hearing and Rev. Azard introduced him to

attorney Clarke, who suggested reopening the affiant's criminal

conviction. Although the affiant then informed Rev. Azard that he

wanted him to represent him at the hearing, the affiant was surprised

that on the date of his deportation hearing on January 17, 1991, before

the respondent's recognition was granted by the Board, Mr. Clarke, not

Rev. Azard, appeared to represent him. The transcript of that hearing

reflects that Mr. Clarke informed the immigration judge that he was

representing the affiant and when the immigration judge asked

concerning Rev. Azard's status, Mr. Clarke replied that Rev. Azard

was now working for him out of his office. In his affidavit, Mr.

Andrade-Vivar states that he had another meeting with Rev. Azard

and that Rev. Azard again encouraged him to let Mr. Clarke reopen his

criminal case for $20,000. The affiant stated that he informed Rev.

Azard he could not afford such expense. Subsequently, the affiant paid

Rev. Azard $100 and again on July 22, 1991, $400 for an appeal

concerning his case. Mr. Andrade-Vivar supplied the Service with

receipts for such expenses which are included in the record. Notices of

Appearance in Mr. Andrade-Vivar's case include one from Mr. Clarke

dated January 17, 1991, giving his address as Suite 501 at 6065

Hillcroft; one from Marc Azard, received by the Service on January

10, 1991, and citing his association with Main World Immigration

Service; and another from Marc Azard dated July 20, 1991, listing his

affiliation with the respondent and the respondent's address as 6065

Hillcroft, Suite 501.

In support of the case for decertification of the respondent the

Service also presented other evidence in order to show that the

respondent did not qualify as a nonprofit charitable or similar

organization. Such evidence includes Notices of Appearance filed in

the case of one alien by Marc Azard as the respondent's representative

with correspondence sent by the Service in such case to Mr. Clarke. It

also includes such Notices of Appearance filed by Rev. Azard in

August and September 1991 as the respondent's representative, yet

listing the address of Mr. Clarke. Other evidence of Rev. Azard's

association with Mr. Clarke includes correspondence dated October

11, 1991, from Rev. Azard to the Service informing that agency of the

respondent's address at 6065 Hillcroft, Suite 501. Concerning the

respondent's fee policy, the Service also presented receipts paid by the

respondent's clients for services rendered by Rev. Azard. Such

documentation includes a $400 fee paid to Rev. Azard on March 3,

1991, by Gonzalea Cristobal; a fee of $175 paid to Mr. Clarke on

August 30, 1991; a fee of $200 paid on an account of $450 owed to

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Rev. Azard by Delfma Soa on September 26, 1991, and $200 paid on

an account of ssso by Maria Fiones on November 18, 1991. These fee

receipts included two receipts for attorney Clarke. This documentation

was obtained by investigator Bouras from Rev. Azard in the course of

his investigation. Also introduced as evidence by the Service was

correspondence dated April 12, 1988, from George Nelly of the State

Bar of Texas, Unauthorized Practice of Law Committee, stating that

during their investigation of a complaint against Rev. Azard, two

witnesses were interviewed "who advised me that [Rev. Azard]

represented himself as being a licensed attorney and received approxi-

mately $700 from them as attorney's fees while purporting to represent

them before the Immigration and Naturalization Service." At the

conclusion of the hearing the Service also submitted without objection

correspondence dated April 29, 1992, from the Texas Comptroller of

Public Accounts stating that the Baptist Educational Center "is not in

good standing. The corporation has not satisfied all state tax require-

ments."

The Service also presented evidence concerning the competence of

Rev. Azard. The Service solicited opinions on this issue from four

immigration judges before whom Rev. Azard has appeared. Two

immigration judges opined that Rev. Azard was not qualified, while

the remaining were unwilling or unable to state their opinion. The

Service also presented documentation from the Texas Board of Law

Examiners which reflects that Rev. Azard failed to pass the bar

examination on seven occasions, and from the Committee on Bar

Admissions of the Louisiana State Bar Association stating that Rev.

Azard was not successful in his attempt to pass the bar of that state.

At the healing the Service also presented testimony from witnesses

in order to support or confirm the veracity of the documentary

evidence submitted. Investigator Bouras who prepared the investiga-

tive report of February 18, 1992, testified to verify the contents of that

report. In his testimony, he confirmed that to the best of his knowledge

the respondent performed no business at the Dairy Ashford Drive

address. He also stated that there was nothing at the 6065 Hillcroft

address to identify the respondent as doing business there. He verified

that he interviewed the three clients of the respondent whose accounts

were detailed in his report. He confirmed that any monies paid by

these individuals for immigration services were paid directly to Marc

Azard and no fees were paid to the respondent. In this regard he

confirmed that Marc Azard showed him evidence that the respondent

did not have a separate hank account, and he stated that the fee

receipts of the respondent's clients attached to his investigative report

were shown to him by Rev. Azard and that such receipts did not

identify the respondent as the payee, but in fact identified Rev. Azard

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or, in two cases, Mr. Clark as the recipient. He further testified that

these receipts were shown to him as evidence of the respondent's work.

This witness also confirmed that the respondent had not paid its

franchise tax as required under Texas law and it had thereby lost its

right to do business as of November 1991.

In support of its case the Service also presented the testimony of two

of the respondents' alleged clients whose accounts were profiled in the

February 18, 1992, investigative report, Lynette Philip and Miguel

Andrade-Vivar. In her testimony, Ms. Phillip stated that she contacted

the respondent because she needed free legal assistance. She testified

that she obtained the respondent's name from the list of recognized

organizations provided to her by the Service. She first met Rev. Azard

at the 6065 Hillcroft address in Suite 501, where he had his own office

in a suite occupied also by Mr. Fullerton and Mr. Clarke. She testified

that when she met Rev. Azard, he introduced her to Mr. Clarke and

that she had the impression that the two men worked together. She

further stated that, although she wanted only Rev. Azard to represent

her, Mr. Clarke also became involved in her case, as both appeared

with her at her hearings and Mr. Clarke attempted to obtain work

authorization for her. She stated also that she agreed to pay Rev. Azard

!MO for his services but that he had her pay Mr. Clarke that fee

instead. In his case, Mr. Andrade-Vivar stated that he first met Rev.

Azard in December 1990 when Rev. Azard was associated with Main

World Immigration Service. Subsequently in January or February

1991, he met with Rev. Azard at the Hillcroft office, where nothing

identified the premises as the respondent's offices. When Rev. Azard

met with him, he was introduced to Mr. Clarke, who pressured the

witness to retain him as his attorney, advising the witness to reopen his

criminal conviction for a fee of $20,000. Although the witness stated

that he was not willing to follow Mr. Clarke's advice on that matter,

Mr. Clarke did briefly appear on his behalf at the initial hearing in his

case. This witness further stated that he paid Rev. Azard over $1,100

in legal fees including $400 to file an appeal.

In support of its claim that it was entitled to continued recognition

under the regulations, the respondent presented the testimony of Marc

Azard. Rev. Azard stated that he was employed by the respondent but

that he also was a minister and that he did not receive any funds from

the respondent. He maintained that he incorporated the respondent

for charitable purposes, including the providing of legal assistance for

indigent aliens, and explained that due to lack of funds, the respondent

was initially unable to obtain office space until Mr. Clarke donated

such facilities in his suite. Rev. Azard claimed that the respondent had

a bank account for its funds and expenses. He acknowledged that such

account was in his name and that some of the monies in it were his

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own and that checks drawn on the account were issued to him. He

explained that he was told by bank officials that, because the

respondent did not have an identification number, the account must

be in his name, and he asserted that the respondent's Articles of

Incorporation are on file with the bank in connection with the account.

Concerning the respondent's status, the witness admitted that the

respondent had not filed income tax returns and that he reports no

sales to state authorities. He claimed that the respondent maintained a

ledger of income and expenses but that he could not present it, as it

was then unavailable. Concerning the respondent's fee policy, Rev.

Azard stated that the respondent has "a procedure to have some

donations, collections from clients, so we can carry [on] the work," and

he testified that "what I impose I would say is a kind of donation, call

it fees, but I ... I characterize it as a donation for the service rendered

. a, . and I don't think it's imposed, it's willing," as he stated he would

not refuse assistance if no donation is made. Concerning his services,

the witness stated "I have a policy ... the 212(c) really I charge $250

or donation for $250. Master calendar is $100, $100 for an 1 130 for-

each family member." He further acknowledged that the respondent

had not received any funding from any organizations but plans to

obtain such resources in the future, explaining that it was his belief

that the respondent had to be in existence for a time before it could

seek funds from the conference of Baptist churches.

Concerning the respondent's relation with Mr. Clarke, the witness

denied that he was employed by Mr. Clarke. He further stated that

after his affiliation with Main World Immigration Service ceased, Mr.

Clarke offered him the use of his suite, but that he was not to use the

phone and stationary and that he should only use the office to see

clients on Saturday when Mr. Clarke was not present. The witness

claimed also that after a month the respondent obtained its own space,

subleasing an office and paying rent to Mr. Clarke. Rev. Azard also

acknowledged that he has access to Mr. Clarke's law library, although

he did not use it frequently. He also claimed that the Service's

witnesses erred in their perceptions of his relationship with Mr.

Clarke. He claimed that Mr. Andrade Vivar and Ms. Phillip sought out

-

the services of Mr. Clarke and that Mr. Clarke became involved in Ms.

Phillip's case when he became ill. He further explained that on a few

occasions Mr. Clarke's secretary borrowed his receipt book and

therefore such receipts mistakenly suggest that Mr. Clarke was

compensated by the respondent's clients.

In his evaluation of the evidence of record, the immigration judge

made a number of findings of fact and recommendations to this

Board. The immigration judge determined that the evidence estab-

lished that the respondent had never had its own bank account or any

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systematic accounting of its expenses, that Mr. Azard's characteriza-

tion as donations of amounts paid by clients for whom he performed

legal services was not accurate, and that, as evidenced by correspon-

dence submitted by the Texas Comptroller of Public Accounts, the

respondent is not in good standing with that agency. On the basis of

his factual findings, the immigration judge recommended that the

respondent's recognition under 8 C.F.R. § 292.2 (1992) be withdrawn,

finding that the respondent organization was created for the sole

purpose of allowing Marc Azard to continue to practice immigration

law. The immigration judge also recommended that the record in the

respondent's case be made available to the Service to commence

actions under 8 C.F.R. § 292.3 (1992) against Rev. Azard and Mr.

Clarke and to the Texas Bar Association for any actions it deems

appropriate.

In accord with 8 C.F.R. § 292.2(c)(4) (1992), oral argument was

heard before the Board on July 28, 1992, at which proceeding the

respondent through its representative opposed withdrawal of recogni-

tion. Subsequent to the immigration judge's recommendation, the

respondent has moved for a new hearing, contending that it was

denied an opportunity to present evidence. In this motion, the

respondent asserts that it intended to present the testimony of two of

its directors, Esther Azard and Rev. Daniel Pantlitz, and further, that

the respondent has recently discovered new evidence concerning the

information provided by the State Comptroller's Office.

At the outset of our consideration, we find no reason to grant the

respondent's motion for a new hearing. There has been no showing

that the testimony of the proposed witnesses or the alleged new

evidence was unavailable at the time of the original hearing. More-

over, the respondent's abbreviated motion fails to identify in what

manner the testimony of the two proposed witnesses would add

anything to the respondent's case and has not specified in any

meaningful manner the relevance of the unidentified new evidence

which the respondent claims it has acquired concerning the correspon-

dence submitted by the Service from Texas officials. In the absence of

a fuller showing, the respondent's motion is clearly deficient. The

record also reflects that the respondent was accorded a full and fair

opportunity to litigate its case and present evidence in its behalf. The

respondent originally requested a continuance, not to obtain testimony

of witnesses who were unavailable for the scheduled hearing, but

because its counsel, Mr. Clarke, would be out of town. In fact, when

the continuance was denied Mr. Clarke was able to change his travel

plans. The record reflects that the respondent, through counsel, waived

the testimony of one of its proposed witnesses, Omani Fullerton, even

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though the Service did not object to his testimony. On these facts we

find no reason to grant the respondent's request for a new hearing.

Under 8 C.F.R. § 292.2(c) (1993), "[t]he Board may withdraw the

recognition of any organization which has failed to maintain the

qualifications required by § 292.2(a)." This regulation provides that

the Service may conduct an investigation into any organization it

believes no longer meets those standards, and if such investigation

establishes to the satisfaction, of the district director in whose

jurisdiction the organization is located that withdrawal proceedings

should be commenced, the district director shall issue the organization

notice to show cause why its recognition should not be withdrawn. 8

C.F.R § 292.2(c)(2) (1993). Thereafter, a hearing shall be held before

an immigration judge who is to receive evidence, make findings of

fact, issue his recommendations, and forward the complete record to

the Board, which, after according the parties an opportunity for oral

argument, shall consider the entire record and render its decision. 8

C.F.R. §§ 292.2(c)(3), (4), (5) (1993). Reviewing these regulations we

note that they do not specify the burden of proof, nor what party is to

demonstrate lack of qualifications in an action to decertify an

organization which has been granted recognition. We find that initially

the Service must make a reasonable or colorable showing that the

respondent has failed to maintain its qualifications. Once such

showing has been made, the organization must demonstrate its

qualifications for continuation of its status as an organization recog-

nized under 8 C.F.R. § 292.2 (1993). Because such status is a

privilege, we further find that the organization must demonstrate its

continuing qualifications by clear, unequivocal, and convincing evi-

dence. We do not find such allocation of the burden of proof or its

standard inconsistent with the provisions of 8 C.F.R. § 292.3 (1993)

concerning discipline of attorneys and representatives, which state that

the Service shall bear the burden of proving the grounds for

disciplinary action of attorneys or representatives by clear, unequivo-

cal, and convincing evidence. An action under 8 C.F.R. § 292.3

(1993), which often adversely affects that individual's livelihood, is

based upon misconduct and not, as here, lack of qualification of an

organization, required to be nonprofit, for the desired status.

Under 8 C.F.R. § 292.2 (1993), recognition is limited to nonprofit

charitable, social service, or similar organizations which make only

nominal charges for their services. Based upon our review of the

evidence of record, we find that the respondent satisfies none of these

requirements. Rather, the evidence demonstrates that the respondent

has no independent existence apart from Rev. Azard and that the

respondent was established to provide a means for Rev. Azard to

continue to practice immigration law and to receive an income

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through his representation of those needing immigration assistance.

The respondent's close association to Rev. Azard from the outset

shows this to be so. The respondent's incorporators include Rev.

Azard and his wife, and Rev. Azard is identified as the respondent's

director, and in fact, he was in charge of the respondent's operations.

The respondent's address at incorporation and for many months

thereafter was Rev. Azard's own personal residence. On a day-to-day

basis there is nothing in the record to show that the respondent

conducted any business in its own right. On forms filed with the

Service by Rev. Azard concerning the respondent's claimed represen-

tation of aliens, the respondent's address was given as 6065 Hillcroft,

but nothing listed at that address named the respondent as a listed

business and only Rev. Azard was so identified as doing business

there. Indeed, both the Service investigators and the testimony of Rev.

Azard's two former clients, Ms. Phillip and Mr. Andrade-Vivar

support the conclusion that there was nothing in the office to identify

the respondent in any way.

The record also establishes that the respondent had no bank account

in its own right, and even Rev. Azard acknowledges that any funds

paid by his clients were deposited into an account which listed him

and his wife as owners and which placed no restrictions on his rights to

deposit funds in that account. It is not evident that fees for services

were paid to the respondent, rather than Rev. Azard, as receipts for

such services were not identified as receipts for the respondent and

were not earmarked for the respondent's own account. There is no

accounting to show that funds collected were used for any of the

respondent's alleged expenses, and indeed, there was no evidence

submitted to show that the respondent incurred any expenses, as, for

example, there was no documentation concerning any claimed lease or

sublease by the respondent of the premises at the Hillcroft address.

Although in his testimony Rev. Azard claimed that he could present

accounts and ledgers to. support his claim that the respondent was a

bona fide organization, such documentation was never produced.

There is also no evidence to show that the respondent was ever staffed

by anyone other than Rev. Azard. Evidence submitted by the Service

from Texas officials reflect that the respondent is not in good standing

with such authorities who regulate corporate activities, and Rev.

Azard confirmed that no taxes had been paid by the respondent,

ostensibly because it had no business activities. We note that the

respondent has no connection with any outside religious, social

service, charitable, or similar group, a factor which underscores its

control by Rev. Azard, and we do not find convincing Rev. Azard's

claim that the respondent did not qualify for outside support from the

Baptist Convention, as such organization is only one source of such

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funding. Finally, we note that there is no evidence that the respondent

engaged in any activities other than immigration counselling, a factor

which strongly suggests that its sole purpose was to provide Rev. Azard

with a means to continue to practice immigration law.

In contrast -to the respondent's lack of meaningful business activities

in its own right, Rev. Azard throughout the period at issue engaged in

immigration counselling activities through his claimed relationship to

the respondent. Indeed, in the period after the closing of Main World

Immigration Service and prior to the granting of recognition to the

respondent, the record reflects that Rev. Azard attempted to continue

his representation through his association with Mr. Clarke, as Mr.

Clarke acknowledged to the immigration judge in January 1991 that

Rev. Azard w-as then working out of his office. Clearly, this suggests

Rev. Azard's strong motivation to continue his immigration counsell-

ing activities, activities which were enhanced and rendered permissi-

ble when the respondent became recognized under 8 C.F.R. § 292.2

(1991). In this interpretation, we find significant the testimony of the

two former clients of Rev. Azard who initially made the Rev. Azard's

acquaintance through his association with a recognized organization.

In their dealings with Rev. Azard through his association with the

respondent these witnesses acknowledged that there was no visible sign

that the respondent operated an immigration counselling office and

they viewed Rev. Azard as their representative in his own right, an

impression Rev. Azard did not dispel.

In our consideration we also find that there has been no showing

that the respondent provided free services or charged only nominal

amounts for legal services, and the absence of such finding supports

our conclusion that the respondent was not an independent nonprofit

entity but was established only to facilitate Rev. Azard's immigration

counselling business. A review of the receipts presented by Rev. Azard

to the Service investigator as amounts paid to it for services included

some fees which may be nominal in amount, but others which are not.

Indeed, some of these receipts show continuing accounts with substan-

tial amounts owed by clients. In his testimony Rev. Azard attempted

to characterize such payments as "donations," but he acknowledged

that such payments were for specific legal work performed. He also

acknowledged that such payments were necessary to fund his activities

and that he had established amounts for differentiated services. It is

clear that such scheme does not satisfy the nominal charge require-

ment of 8 C. F.R. § 292.2 (1993). See American Paralegal Academy,

Inc., 19 I&N Dec. 386 (BIA 1986). In his testimony, Rev. Azard also

acknowledged that the respondent had no independent funding, a

factor which necessitated that fees be charged to clients, but which also

draws into question the respondent's alleged nonprofit status and

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Interim Decision #3210

underscores our conclusion that the respondent was not an entity apart

from Rev. Azard?

In our review of the evidence, we find that the recognition of the

respondent had as its purpose a means to provide Rev. Azard to

continue his immigration counselling practice for an income, and

therefore we find that such endeavor was not, as required by the

regulations, a nonprofit one. In this regard, we fmd, as did the

immigration judge, that Rev. Azard and Mr. Clarke shared a close

business association and the evidence suggests that they perhaps both

attempted to benefit financially. In this endeavor the respondent's

status as a recognized organization was useful because it provided Rev.

Azard a means to represent clients before the Service and immigration

judges. It is clear, however, that recognition under 8 C.F.R. § 292.2

(1993) was not meant to be a means whereby an attorney could obtain

accreditation for paralegal associates, nor a means for an accredited

individual to obtain clients for a private attorney, resulting in fee

sharing. In the present case, the record demonstrates a close associa-

tion between Rev. Azard and Mr. Clarke, which again draws into

serious question the true purpose of the respondent's existence. The

record shows that Rev. Azard and Mr. Clarke shared office space, and

Rev. Azard acknowledged that at least initially Mr. Clarke "donated"

such space. Mr. Clarke's other facilities such as his personnel and

library were also at the respondent's disposal. The record shows that

they alternately represented the same clients, as Ms. Phillip's case

demonstrates. Also, significantly, when clients seeking free or reduced

fee assistance contacted Rev. Azard as the respondent's accredited

representative, he would, as in the case of Ms. Phillip and Mr.

Andrade Vivar, introduce them to Mr. Clarke, who then attempted to

-

advise them for an additional fee? Although we are reluctant to define

the precise relationship between Rev. Azard and Mr. Clarke, on the

evidence of record we have serious misgivings of the propriety of their

relationship for purposes of 8 C.F.R. § 292.2 (1993) and such

iln its submission for recognition before the Board, the respondent claimed that it

would charge no fees and that it had obtained independent funding, including support

from South Main Street Baptist Church. These statements are clearly contradicted by

the evidence of record.

2 In two cases the receipts presented by Rev. Azard to the Service investigator as

evidence of amounts paid to the respondent for legal services reflect that such amounts

were paid to Mr. Clarke. In his testimony Rev. Azard denied that such amounts were

paid to Mr. Clarke, claiming that a new secretary mistakenly issued such receipts. Even

if we were to accept such explanation as credible, such incidents underscore the close

association between the respondent and Mr. Clarke. Moreover, in her testimony, Ms.

Phillip stated she paid Mr. Clarke, not Rev. Azard, although both worked on her case.

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Interim Decision #3210

misgivings support our conclusion that the respondent was not a

nonprofit organization.

In summary, we find that the respondent was not a nonprofit

organization, independent of and separate and apart from Rev. Azard.

Rather, for Rev. Azard, a law school graduate unable to pass the bar,

the respondent's recognition provided him with a way to continue his

immigration counselling practice and to receive an income. According-

ly, the respondent's status as an organization recognized under 8

C.F.R. § 292.2 (1993) will be terminated.

ORDER: The respondent's status under 8 C.F.R. § 292.2

(1993) is terminated.

737