BOGART

Interim Decision #2465

MATTER OF BOGART

In Disbarment Proceedings

A-17179568

Decided by Board June 12, 1975 and January 21, 1976

Decided by Attorney General January 15, 1976

(1) The standard for suspension from practice before the Board and the Service is the

same as that for disbarment before the federal courts.

(2) In light of the discretionary character of suspension from practice under 8 CFR

292.3(a), where suspension, as in the instant case, is predicated on 8 CFR 292.3(a)(7),

the procedure established by 8 CFR 292.3(b), to allow respondent to show cause why he

should not be suspended or disbarred, must provide the opportunity to do more than

contest whether the respondent's name appears on a state suspension order. It must

also include the opportunity to show that the state order was based on an invalid

procedure or patently inadequate evidence, or that for some other grave reason the

normal presumption established by 8 CFR 292.3(a)(7) should not govern.

(3) Since respondent in the instant ease was denied the opportunity to present contentions

and evidence going to alleged fundamental procedural inadequacy of his state court

suspension and alleged insubstantiality of evidence supporting it, the suspension order

of the Roan' is reversed and the ease is remanded for further proceedings,

CHARGE: 8 CFR 292.3(a)(1)

ON BEHALF OF RESPONDENT: Pro se

BEFORE THE BOARD

(June 12, 1975)

This case is before us pursuant to the provisions of 8 CFR 292.3(b).

The respondent is an attorney who was admitted to the bar of the State

of New York in 1961, and to the bar of the State of California in 1962. On

March 30, 1966 the Supreme Court of the State of California entered the

following order pertaining to the respondent:

Peter D. Bogart, having been convicted of violating sections 470 and 427 of the Penal

Code, offenses involving moral turpitude, and an appeal having been taken, it is

ordered, purgmant to section 6102 of The State Bar Act,' that he be suspended from the

practice of law in this state until further order of this court. 2

Section 6102 of the Business and Professions Code of California, which states, in

part:

(a) Upon tie receipt of the certified copy of such record of conviction, if it appears

therefrom that the crime of which the attorney was convicted involved or that there is

probably cause to believe that it involved moral turpitude, the Supreme Court shall

552

Interim Decision #2465

On October 31, 1968, the Service commenced disbarment proceedings

against the respondent under 8 CFR 292.3 with the issuance of a notice

to show cause. Thereafter, on June 29, 1969, the Service terminated

those proceedings on the ground that they were unnecessary, because

the respondent was no longer within the definition of an "attorney"

qualified to practice before the Service and this Board as that term is

defined in 8 CFR 1. 1(f). 3

The respondent proceeded to challenge the Service's action in court.

In a decision rendered August 31, 1971, the Ninth Circuit Court of

Appeals held that:

. We believe Bogart has a constitutional right to a hearing before the agency

before being denied the right to further practice before the agency, department regula-

tions to the contrary notwithstanding. 4

In response to the Ninth Circuit's ruling, the respondent was served

with a new notice requiring him to show cause why his suspension or

disbarment from practice before the Service and the Board would not be

in the public interest pursuant to 8 CFR 292.3(a)(7) (Ex. 1). This notice

also informed the respondent of his right to request a hearing before a

representative of the Regional Commissioner of the Service. The re-

spondent answered denying the allegations contained in the notice to

show cause and requesting a hearing.

suspend the attorney until the time for appeal has elapsed, if no appeal has been taken,

or until the judgment of conviction has been affirmed on appeal, or has otherwise

become final, and until the further order of the court. Upon good cause shown the court

may set aside such suspension when it appears to be in the interests of justice so to do,

due regard being had to maintaining the integrity of an confidence in the profession.

(b)If, after adequate notice and opportunity to be heard (which hearing shall not be

had until the judgment of conviction has become final or, irrespective of any subsequent

order under the provisions of section 1203.4 of the Penal Cade, an order granting

probation has been Made suspending the imposition of sentence), the court finds that the

crime of which the attorney was convicted, or the circumstances of its commission,

involved moral turpitude it shall enter an order disbarring the attorney or suspending

him from practice for a limited time, according to the gravity of the crime and the

circumstances of the case; otherwise it shall dismiss the proceedings. In determining the

extent of the discipline to be imposed in a proceeding pursuant to this article any prior

discipline imposed upon the attorney may be considered.

(c)The court may refer the proceedings or any part thereof or issue therein, including

the nature or extent of discipline, to the State Bar for hearing, report and recommenda-

tion.

Bar Misc. No. 3044.

3 8 CFR 1.1(f) states:

The term "attorney" means any person who is a member in good standing of the bar

of the highest court of any State, possession, territory, Commonwealth, or the

District of Columbia, and is not under any order of any court suspending, enjoining,

restraining, disbarring, or otherwise restricting him in the practice of law. (Em-

phasis supplied.)

Bogart v. Carter, 445 F.2d 321 ((.A. 9, 1971).

553

Interim Decision #2465

A hearing commenced on February 15, 1972, before a presiding officer

duly designated by the Regional Commissioner. After several adjourn-

ments to allow the respondent to attempt to retain counsel and to

prepare his defense, the hearing was concluded on October 3, 1972.

At the hearing, the Service introduced the order of the California

Supreme Court suspending the respondent from the practice of law in

the State of California (Ex. 5). Upon conclusion of the hearing, the

presiding officer entered a recommendation, dated January 24, 1973,

that the respondent be suspended from practice as an attorney before

the Service and the Board during such time as he shall continue to be

suspended from the practice of law in the State of California. The

presiding offt:er's recommendation was adopted by the Regional Com-

missioner, and the record was forwarded to us for further action pur-

suant to 8 Gill 292.3(b).

The portion of 8 CFR under which the Service seeks the respondent's

suspension provides:

§ 292.3 Suspension or disbarment.

(a) Grounds. The Board, with the approval of the Attorney General, may suspend or

bar from furtt er practice an attorney or representative if it shall find that it is in the

public interest to do so. The suspension or disbarment of en attorney or representative

who is within one or more of the following categories shall be deemed to be in the public

interest, for the purpose of this part, . . :

****

(7) Who has been temporarily suspended, and such suspension is still in effect, or

permanently disbarred, from practice in any court, Federal, State (including the Dis-

trict of Columbia), territorial, or insular.

The Service based its entire ease on the order suspending the respon-

dent from the practice of law in California.

The respondent has attempted in these proceedings to collaterally

attack the validity of the order of the California Supreme Court sus-

pending him from practice, and also to collaterally attack the validity of

the criminal convictions underlying the California Supreme Court's

order. We agree with the presiding officer that this is not the proper

forum for such an attack.

Under 8 C::TR 292.3(a)(7), our inquiry is limited to a determination of

whether an order of suspension or disbarment has been entered against

the respondent by any of the specified courts, and whether such order is

still in effect. The respondent has conceded that he is the person named

in the order of the California Supreme Court, and he has not shown that

the California Supreme Court lacked the authority to enter such an

order or that the order is no longer in effect. While the decision of the

Ninth Circuit in Bogart v. Carter, 445 F.2d 321 (C.A. 9, 1971), required

the granting of a hearing to the respondent, nothing in that decision

required the scope of the hearing to go beyond the proof required to

discipline the respondent under the applicable regulations.

554

Interim Decision #2465

Without conceding that there is any necessity for us to consider any

information other than the order of the California Supreme Court sus-

pending the respondent from the practice of law, we note that sub-

sequent to the hearing before the presiding officer, the Supreme Court

of California entered an order permanently disbarring the respondent

from the practice of law in California. In re Bogart, 9 Cal. 3d 743, 511

P.2d 1167, 108 Cal. Rptr. 816 (1973), appeal dismissed, Bogart v. State

Bar of California, 415 U.S. 903 (1974).

In the course of that opinion, the California Supreme Court con-

sidered and rejected the respondent's contentions that there were pro-

cedural defects in the disciplinary proceedings conducted by the State

Bar of California. The court noted that the respondent received at least

four hearings from the State Bar on the issue of discipline, that the

proceedings were fair, and that the respondent was afforded the assis-

tance of counsel, full discovery, and additional time in which to fully

present his claims. The court also noted that it had rejected seven

attempts by the respondent to have his suspension set aside, and that

the respondent had been denied relief by the United States Supreme

Court on three occasions. 5 Moreover, we note that the convictions that

formed the basis for the respondent's suspension by the California

Supreme Court were affirmed on appeal. People v. Bogart, 7 Cal. App.

3d 257, 86 Cal. Rptr. 737 (1970).

The respondent claims that 8 CFR 292.3(a)(7) is unconstitutional

because it denies him a dup process hearing on the merits of the charges

upon which the state court suspension was predicated. The short

answer to this contention is that we are bound by the regulations

promulgated under the Immigration and Nationality Act. Matter of

Bilbao-Bastida, 11 I. & N. Dec. 615 (BIA 1966), aff'd Bilbao-Bastida v.

INS, 409 F.2d 820 (1969), cert. dismissed, 396 U.S. 802 (1969); Matter of

Tzimas, 10 L & N. Dec. 101 (BIA 1962). This is not the proper forum for

a determination of the constitutionality of the regulations. Cf. Matter of

Swissair "Flight #164," Interim Decision No. 2324 (BIA 1974); Matter

of Santana, 13 I. & N. Dec. 362 (BIA 1969); Matter of L—, 4 I. & N.

Dec. 656 (BIA 1951).

. The respondent claims that he cannot be suspended or disbarred from

practice before us because he is still a member in good standing of the

bar of the State of New York.° He argues that the language of 5 U.S.C.

500(b) precludes the Service or the Board from preventing his practice

in administrative immigration proceedings as long as he is a member in

Bogart v. State Bar of California, 390 U.S. 37 (1968); Bogart v. Reagan, 386 U.S. 211

(1967); Bogart v. Traynor, 385 U.S. 451 (1967), reh. denied, 386 U.S. 939 (1967).

5 It is not apparent from the record that the respondent has made any attempt to

practice law in the State of New York since his suspension by the California Supreme

Court.

555

Interim Decision #2465

good standing of the bar of the highest court of any state.? This conten-

tion is without merit. It is clearly stated in 5 U.S.C. 500(d)(2) that this

section does not "limit the discipline, including disbarment, of individu-

als who appear in a representative capacity before an agency."

We have concluded that the respondent's suspension from practice

before the Service and this Board would be in the public-interest under 8

CFR 292.3(a)(7). Although we have referred to the respondent's appar-

ent permanent disbarment by the Supreme Court of California, In re

Bogart, supra, our decision to 'suspend is based solely on the order of

suspension introduced at the hearing before the presiding officer.

ORDER: The-respondent is suspended from practice as an attorney

before the Immigration and- Naturalization Service and before the

Board of Immigration Appeals during such time as he is prohibited from

the practice of law in the courts of the State of California.

Further order:The record is certified to the Attorney General for final

disposition, and the foregoing order is stayed pending such disposition.

BEFORE. THE ATTORNEY GENERAL

(January 15, 1976)

This case is before me for review pursuant to 8 CFR 292.3(b). The

facts are as follows: The respondent is an attorney wbb was admitted to

the bar of the State of New York in 1961, and to the bar of the State of

California in :962. On March 20, 1966, the Supreme Court of the State of .

California .emered the following order pertaining to the respondent:

Peter D. Bogart, having been convicted of violating sections 470 and 487 of the Penal

Code, offense, involving moral turpitude,' and an appeal having been taken, it is

ordered, pursuant to section 6102 of The State Bar Act, 2 that he be suspended froni the

practice of law in this state until further order of this court.

5 U.S.C. 50C(b) provides:

An individual who is a member in good standing of the bar of the highest court of a

State may represent a person before an agency on filing with the agency a written

declaration that he is currently qualified as provided by this subsection and is

authorized to represent the particular person in whose behalf he acts.

The offenses were grand theft and forgery. •

2 Section 61Q2 of the Business and Professions Code of California states, in pertinent

part:

(a) Upon the receipt of the certified copy of such record of conviction, if it appears

therefrom tha: the crime of which the attorney was convicted involved or that there is

probably cams to believe that it involved moral turpitude, the Supreme Court shall

'suspend the attorney until the time for appeal has elapsed, if no appeal has been taken,

or until the judgment of conviction has been affirmed on apbnal, or has otherwise

'become final, and until the further order of the court. Upon good cause shown the court

may set aside such suspension when it appears to be in the interests of justice so to do,

due regard being had to maintaining the integrity of and confidence in the profession.

(b) If, after adequate notice and opportunity to be heard (which hearing shall not be

had until the judgment of conviction has become final or, irrespective of any subsequent

556

Interim Decision #2465

On October 31, 1968, the Immigration and Naturalization Service (the

"Service") commenced disbarment proceedings against the respondent

under 8 CFR 292.3 with the issuance of a notice to show cause. Thereaf-

ter, on June 29, 1969, the Service terminated those proceedings on the

ground that they were unnecessary since the respondent was.no longer

within the definition of an "attorney" qualified to practice before the

Service and the Board of Immigration Appeals (the "Board") as that

term is defined in 8 CFR 1.1(f).

The respondent sought judicial review of the Service's action. In a

decision rendered August 8, 1971, the Ninth Circuit Court of appeals

held that Bogart had

. . . a constitutional right to a hearing before the agency before being denied the right

to further practice before the agency, department regulations to the contrary not-

withstanding.

Bogart v. Carter, 445 F.2d 321, 322 (C.A. 9, 1971). The court expressly

relied upon In re Buffalo, 390 U.S. 544 (1968) and Theard v. United

States, 354 U.S. 278 (1957).

In response to the Ninth Circuit's ruling, the respondent was served

with a new notice requiring him to show cause why his suspension or

disbarment from practice before the Service and the-Board pursuant to

8 CFR 292.3(a)(7) would not be in the public interest. This notice also

informed the respondent of his right 'to request a hearing before a

representative of the Regional Commissioner of the Service. The re-

spondent answered denying the allegations contained in the notice to

show cause and requesting a hearing.

A hearing commenced on February 15, 1972, before a presiding officer

duly designated by the Regional Commissioner. After several adjourn-

ments to allow the respondent to attempt to retain counsel and to

prepare his defense, the hearing was concluded on October 3, 1972. At

the hearing, the only evidence introduced by the Service w as the order

of the California Supreme Court suspending the respondent from the

practice of law in the State of California. Upon conclusion of the hear-

ing, the presiding officer entered a recommendation, dated January 24,

1973, that the respondent be suspended from practice as an attorney

order under the provisions of section 1203.4 of the Penal Code, an order granting

probation hae been made =vending the imposition of sentence), the court finds that the

crime of which the attorney was convicted, or the circumstances of its commission,

involved moral turpitude it shall enter an order disbarring the attorney or suspending

him from practice for a limited time, according to the gravity of the crime and the

circumstances of the case; otherwise it shall dismiss the proceedings. In determining the

extent of the discipline to be imposed in a proceeding pursuant to this article any prior

discipline imposed upon the attorney may be considered.

(e) The court may refer the proceedings or any part thereof or issue therein, including

the nature or extent of discipline, to the State Rai- for hearing-, report and recommenda-

tion.

557

Interim Decision #2465

before the Service and the Board during such time as he continued to be

suspended from the practice of law in the State of California. The

presiding officer's recommendation was adopted by the Regional Com-

missioner and the Board of Immigration Appeals.

The portion of 8 CFR under which the Service seeks the respondent's

suspension provides:

292.3 Suspension or disbarment.

(a) Grounds. The Board, with the approval of the Attorney General, may suspend or

bar from further practice an attorney or representative if it shall find that it is in the

public interest to do so. The suspension or disbarment of an attorney or representative

who is within one or more of the following categories shall be deemed to be in the public

interest, for the purpose of this part, . .

* * * *

(7) Who has been temporarily suspended, and such suspension is still in effect, or

peimanently disbarred, from practice in any court, Federal, State (including the Dis-

trict of Columbia), territorial, or insular.

The Service based its entire ease on the simple existence of an outstand-

ing order suspending the respondent from the practice of law in Califor-

nia, and the decision of the Board of Immigration Appeals was expressly

based solely upon the existence of that order.

In the ccurse of his hearing before the special inquiry officer, respon-

dent attempted on numerous occasions to introduce evidence for the

purpose of diminishing the credit and persuasive value of the suspension

order of the California Supreme Court. Challenges were directed to

both the adequacy of the procedure afforded by the Court, see, e.g., Tr.

at 22-23, find the sufficiency of the evidence supporting its decision.

Much of the. evidence proffered with regard to the latter issue took the

form of substantive and procedural attacks upon the criminal conviction

which underlay the suspension order. The special inquiry officer refused

to accept or consider any of this evidence, stating that he considered the

order of the California Supreme Court to be conclusive and that he

would go behind it neither for the purpose of determining whether

respondent had in fact been convicted of the cited criminal offense nor

for the purpose of ascertaining whether the order was the product of a

procedurally adequate process. Tr. at 32. See also Tr. at 36-37. With

respect to the underlying conviction, the special inquiry officer stated:

. I wit not consider the validity of the conviction which was the basis of the order

of the Supreme Court, so that any proof that you want to offer in connection with the

validity or the legality of that conviction I will not accept regardless of what other offers

you have in that line, Mr. Bogart, so it's not necessary for you to repeat each of the

offers. Nothing will be accepted in this proceeding with respect to the legality of the

conviction which is the basis for the order.

Tr. at 46. See also Tr. at 47. He went on to state:

I am intereited only in the judgment of the superior (sic) court which suspended you

558

Interim Decision PVIOD

from practice, and that suspension could be for any reason, I am not concerned why you

were suspended.

Tr. at 49. See also Tr. at 52. In short, the special hearing officer

considered himself "conclusively bound by [the] order of the Supreme

Court." Tr. at 60.

In re Ruffalo, supra, and Theard v. United States, supra, upon which

the Ninth Circuit relied in ordering that respondent be granted the

right to a hearing, dealt with disbarments from federal courts op the

basis of state court disbarment or suspension orders. Both cases make

clear that federal courts are not conclusively bound by state court

disbarments, although state disbarment action is entitled to respect.

While, except within narrow limits, see Konigsberg v. California, 353

U.S. 252 (1957); Schware v. Board of Bar Examiners, 353 U.S. 232

(1957), federal courts have no authority to reexamine or reverse the

action of a state supreme court in disbarring a member of its bar, there

is an independent obligation upon the federal courts to determine for

themselves whether withdrawal of the privilege of practicing before

them is warranted. In re Fleck, 419 F.2d 1040, 1042 (C.A. 6, 1969); In re

Abrams, 385 F. Supp. 1210 (D. N.J., 1974, rev'd on other grounds, No.

75-1029 (C.A. 3, June 30, 1975).

In Selling v. Radford, 243 U.S. 46, 50-51 (1917), the 'seminal case

concerning the effect of state disbarment on corresponding federal ac-

tion, and the case underlying both Buffalo and Theard, the Supreme

Court set out the standard by which its judgment would be guided:

In other words, in passing upon the question of the right to continue to be a member of

the bar of this court, we think we should recognize the absence of fair private and

professional character inherently arising as the result of the action of the Supreme

Court of Michigan so far as we are at liberty to do so consistently with the duty resting

upon us to determine for ourselves the right to continue to be a member of this bar. That

is to say, we are of the opinion that we should recognize the condition created by the

judgment of the state court unless, from an intrinsic Consideration of the state record,

one or all of the following conditions should appear: L that the state procedure from

want of notice or opportunity to be heard was wanting in due process; 2. that there w

such en infirmity of proof as to facts found to have established the want of fair private

and professional character as to give rise to a clear conviction on our part that we could

not consistently with our duty accept as final the conclusion on that subject; or 3. that

some other grave reason existed which should convince us thit. to allow the natural

consequences of the judgment to have their effect would conflict with thd duty which

rests upon us not to disbar except upon the conviction that, under the principles of right

and justice, we were constrained so to do.

It is my view that the Ninth Circuit in its: brief opinion in In re Bogart,

supra, 445 F.2d at 822, implicitly asserted an inalienable obligation on

the part of the Service to exercise an independent judgment in suspen-

sion proceedings Similar to that required of federal courts. Thus the

hearing required by that decision was not a hearing simply to determine

559

Interim Decision #2465

whether respondent has been suspended, but a hearing in which re-

spondent might seek to discredit the state finding for lack of minimum

procedural fairness in the underlying process, see In re Ruffalo, supra,

or for absence of minimally sufficient evidentiary support, see Selling v.

Radford, supra; In re Wilkes, 494 F.2d 472 (C.A. 5, 1974); and in which

respondent might adduce some other "grave reason" which would pre-

vent the natural consequences of the state judgment from extending

into the federal sphere, see Theard v. United States, supra. See gener-

ally In re Troy, 505 F.2d 746 (C.A. 1, 1975); In re Fleck, supra.

The Board argues it is bound by 8 CFR 292.2(a)('7) which states that

the Board may suspend an attorney if such suspension is in the public

interest and that, if an attorney has been suspended by a state court, his

suspension from the bar of the Board "shall be deemed to be in the

public interest." Obviously, however, Departmental regulations cannot

contravene judicially established requirements of fairness, cf. In re

Ming, 469 F.2d 1352, 1355 (C.A. 7, 1972), and should not be interpreted

to do so where such interpretation is readily avoidable. While subsection

292.3(a)(7) does indicate that state suspension "shall be deemed"

grounds for Board suspension, suspension is nonetheless discretionary,

since the prologue of subsection 292.3(a) provides only that the Board

"may suspend" if the enumerated grounds exist. Moreover, subsection

292.3(b) provides: -

Hand (sic) investigation establishes to the satisfaction of the regional commissioner that

suspension or disbarment proceedings should be instituted, he shall cause a copy of the

written charges to be served upon the attorney or representative, either personally or

by registered mail, with notice to show cause within a specified time, not less than 30

days, why he should not be suspended or disbarred.

Particularly in light of the discretionary character of subsection

292.3(a), the procedure established by subsection 292.3(b) must, in the

present context, prOvide the opportunity to do more than contest

whether the respondent's name appears upon a state suspension order.

It must include also the opportunity to show that the state order was

based upon an invalid procedure or patently inadequate evidence, or

that for some other grave reason the normal presumption established by

subsection 292.3(a)(7) should .not govern. Only in this manner can the

independent integrity of tbe federal administrative bar be maintained.

In sum, since B CFR 292.3(b) is meant to provide the opportunity to

establish the basis for informed exercise of the Board's discretion under

8 CFR 2924(a), including the existence of extraordinary factors, of the

sort described above ; overcoming the presumptive effect of state bar

suspension; and since respondent, in this ease, was denied the opportu-

nity to present contentions and evidence going to alleged fundamental

procedural ink equacy of his state court suspension and alleged insub-

560

Interim Decision #2465

stantiality of the evidence supporting it; the Suspension by the Board

must be reversed.

The above does not mean that, should a new order to show cause be

issued, the Service must relitigate every issue raised by respondent in

both his criminal trial and his state suspension proceeding. If it con-

cludes that minimum protedural due process was afforded in the hearing

of claims in these proceedings and that the evidence against respondent

was minimally sufficient, reliance on the state decision-making process -

is not improper. In re Chipley, 448 F.2d 1234 (C.A. 4, 1971). See In re:

Isserman, 345 U.S. 286 (1953) (Op. of Vinson, C.J.). Cf. Thistlethwaite

v. City of New York, 497 F.2d 339 (C.A. 2,1974); In re Ming, supra, 469

F.2d at 1356. Indeed, the propriety of reliance is enhanced in the

present context by the fact that the Board of Immigration Appeals is not

a court of general jurisdiction, but the intended repository of a rela-

tively narrow expertise. Relitigation before the Board of matters of

state or even constitutional law previously litigated before a state

supreme court thus seems particularly inappropriate. The state

decision-making process, then, both in its weighing of evidence in the

record and in its analysis of legal questions raised, may, if conducted in

accordance with procedural due process and not patently erroneous in

its result, be accepted and adopted by the Board in the course of a

suspension proceeding. Furthermore, if the opportunity to be heard on

certain claims existed in the state system and was ignored, the Board

may refuse to consider such claims.

The litigation surrounding the question of Mr. Bogart's qualification

to practice before the Board and the Service (and other courts) has been

protracted and difficult. The standard for suspension from practice

before the Board and the Service, however, is the same as that for

disbarment before the federal courts:

Disbarment being the very serious business that it is, ample opportunity must be

afforded to show cause why an accused practitioner should not be disbarred. If the

accusation rests on disbarment by a state court, such determination of course brings

title deeds of high respect. But it is not conclusively binding on the federal courts. The

recognition that must be accorded such a state judgment and the extent of the responsi-

bility that remains in the federal judiciary were authoritatively expounded in Seitiny v.

Radford.

Theard v. United States, supra, 354 U.S. at 282. That responsibility has

not been discharged. The decision of the Board of Immigration Appeals

is reversed and the cause remanded to the Board for further proceed-

ings consistent with this opinion.

BEFORE THE BOARD

(January 21, 1976)

In our decision dated June 12, 1975, we ordered the suspension of the

respondent as an attorney before the Service and this Board during such

561

Interim Dec! sion #2465

time as he iE. prohibited from the practice of law in the courts of the

State of California. We further ordered that the record be certified to

the Attorney General for final disposition, and stayed the suspension

order pending such disposition.

On January 15, 1976, the Attorney General reversed our order of

suspension and remanded this ease to us for further proceedings. Ac-

cordingly-, we shall remand the record to the Regional Commissioner for

further proceedings consistent with the Attorney General's opinion of

January 15, :1976.

ORDER: The record is remanded for further proceedings in accor-

dance with the above opinion.

562