Professional Conduct and Reporting Misconduct

A. Expectations

Practitioners’ behavior when representing a person or client must be within the bounds of the law and in accordance with the rules of professional conduct. [1]

Disciplinary sanctions may be sought against attorneys, accredited representatives, and recognized organizations when it is in the public interest to do so, such as in the case of frivolous behavior or criminal, unethical, or unprofessional conduct. [2] Disciplinary sanctions include disbarment, suspension, public or private censure, and termination of recognition or accreditation. [3]

Attorneys who have been suspended or disbarred by the U.S. Department of Justice (DOJ), Board of Immigration Appeals (BIA) must request and be granted reinstatement before they can resume the practice of immigration law before USCIS. [4] Accredited representatives whose accreditations have been terminated by the BIA, or whose organizations’ recognition have been terminated by the BIA, must request and be granted reinstatement before they can resume representing individuals. [5]

B. Grounds for Discipline

1. Practitioners

There are rules of professional conduct for practitioners (attorneys and accredited representatives) who practice before federal immigration agencies. [6] Practitioners [7] may be subject to discipline and sanctions for criminal, unethical, or unprofessional conduct, or frivolous behavior. [8] Grounds for discipline generally include: [9]

- Charging or receiving, directly or indirectly: in the case of an attorney, a grossly excessive fee or compensation; in the case of an accredited representative, a fee or compensation, other than regular compensation from the organization he or she represents; and in the case of law students or law graduates, a fee or compensation directly or indirectly from clients, except that they may be regularly compensated by the organization or law firm with which they are associated;

rossly excessive fee or compensation; in the case of an accredited representative, a fee or compensation, other than regular compensation from the organization he or she represents; and in the case of law students or law graduates, a fee or compensation directly or indirectly from clients, except that they may be regularly compensated by the organization or law firm with which they are associated;

- Bribing, attempting to bribe, coercing, or attempting to coerce, any person to act or refrain from acting in connection with any case;

- Knowingly or with reckless disregard making a false statement of material fact or law, or willfully misleading any person relating to a case, including offering false evidence;

- Soliciting professional employment for the financial benefit of the practitioner through in-person or live telephone contact or using runners, from someone with whom the practitioner does not have a previous relationship; [10]

- Being subject to a final order of disbarment or suspension, or having resigned while a disciplinary investigation or proceeding was pending;

- Knowingly or with reckless disregard making a false or misleading communication about their qualifications or services; [11]

- In the case of an accredited representative, falsely stating or implying that he or she is approved to practice before the immigration courts or BIA, are accredited by an organization other than the one through which he or she received accreditation, or that he or she is an attorney;

- Engaging in obnoxious conduct which would constitute contempt of court in a judicial proceeding;

- Being found guilty of, or pleading guilty or no contest to, a serious crime, in any court of the United States, or of any state, possession, territory, commonwealth, or the District of Columbia; [12]

- Knowingly or with reckless disregard falsely certifying a copy of a document as a true and complete copy of an original;

onduct which would constitute contempt of court in a judicial proceeding;

- Being found guilty of, or pleading guilty or no contest to, a serious crime, in any court of the United States, or of any state, possession, territory, commonwealth, or the District of Columbia; [12]

- Knowingly or with reckless disregard falsely certifying a copy of a document as a true and complete copy of an original;

- Engaging in frivolous behavior before the Administrative Appeals Office (AAO), such as taking actions knowing there is no arguable basis in law or fact or are taken for an improper purpose, such as to harass or cause unnecessary delay;

- Engaging in conduct that constitutes ineffective assistance of counsel, as determined in a finding by the BIA, an immigration judge, or a federal court judge or panel, and a disciplinary complaint is filed within 1 year of the finding;

- Repeatedly failing to appear for case-related meetings in a timely manner without good cause;

- Assisting any person in the unauthorized practice of law;

- Engaging in conduct that is prejudicial to the administration of justice or undermines the integrity of the adjudicative process, such as conduct that seriously impairs or interferes with the adjudicative process, which the practitioner should have reasonably known to avoid;

- Failing to provide competent representation, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation;

- Failing to follow a client’s decisions regarding the objectives of representation or failing to consult with the client regarding the means by which they are to be pursued;

- Failing to act with reasonable diligence and promptness in representing a client;

- Failing to maintain communication with a client throughout the client-practitioner relationship;

- Failing to disclose to an officer legal authority in the controlling jurisdiction known to the practitioner to be directly adverse to the client that is not otherwise disclosed;

s by which they are to be pursued;

- Failing to act with reasonable diligence and promptness in representing a client;

- Failing to maintain communication with a client throughout the client-practitioner relationship;

- Failing to disclose to an officer legal authority in the controlling jurisdiction known to the practitioner to be directly adverse to the client that is not otherwise disclosed;

- Failing to submit a signed and completed notice of entry of appearance when the practitioner has engaged in practice and preparation, and has been deemed to have engaged in a pattern or practice of failing to submit these notices;

- Repeatedly filing notices, motions, briefs, or claims that show little or no attention to the specific factual or legal issues applicable to a client’s case, but instead using boilerplate language indicative of a substantial failure to represent the client competently and diligently; and

- In the case of an accredited representative, acting outside the scope of their approved representative authority.

2. Recognized Organizations

Recognized organizations must comply with the rules of professional conduct. The grounds for sanctioning organizations are: [13]

- Knowingly or with reckless disregard providing a false statement or misleading information in applying for recognition or accreditation of its representatives;

- Knowingly or with reckless disregard providing false or misleading information to clients or prospective clients regarding the scope of authority, or the services provided by, the organization or its accredited representatives;

- Failing to adequately supervise accredited representatives;

- Employing, receiving services from, or affiliating with an individual who performs an activity that constitutes the unauthorized practice of law or immigration fraud; and

- Engaging in the practice of law through staff when the organization does not have an attorney or accredited representative.

C. Reporting Misconduct

sentatives;

- Failing to adequately supervise accredited representatives;

- Employing, receiving services from, or affiliating with an individual who performs an activity that constitutes the unauthorized practice of law or immigration fraud; and

- Engaging in the practice of law through staff when the organization does not have an attorney or accredited representative.

C. Reporting Misconduct

Complaints may correspond to a ground for discipline or identify other criminal, unethical, or unprofessional conduct, or frivolous behavior that is contrary to the public interest.

Officers who have concerns about an individual’s or organization’s conduct should contact their supervisor and Office of the Chief Counsel local counsel for further instructions. Officers may not directly file complaints with any state bar or agency.

Members of the public may submit complaints of misconduct by practitioners to the jurisdiction where the attorney is a member of the bar. [14] Members of the public may also submit complaints of misconduct by practitioners or recognized organizations on an immigration matter before DHS to DHS Disciplinary Counsel. [15]

Except as otherwise provided by law or regulation, information concerning complaints is confidential. [16]

Footnotes

[1] See 8 CFR 1003.101-8 CFR 1003.111 .

[2] See Section C, Reporting Misconduct [ 1 USCIS-PM D.5(C) ].

[3] See 8 CFR 292.3(a)(1)(i)-(iv) , 8 CFR 1003.101(a)(1)-(4) , 8 CFR 1003.110 , and 8 CFR 1292.17 .

[4] For more information, see Chapter 4, Establishing and Changing Representation, Section A, Establishing Representation, Subsection 1, USCIS Verification of Notice of Entry of Appearance [ 1 USCIS-PM D.4(A)(1) ].

[5] For more information, see Chapter 4, Establishing and Changing Representation, Section A, Establishing Representation, Subsection 1, USCIS Verification of Notice of Entry of Appearance [ 1 USCIS-PM D.4(A)(1) ].

[6] See 8 CFR 292.3 and 8 CFR 1003.102 .

sentation, Section A, Establishing Representation, Subsection 1, USCIS Verification of Notice of Entry of Appearance [ 1 USCIS-PM D.4(A)(1) ].

[5] For more information, see Chapter 4, Establishing and Changing Representation, Section A, Establishing Representation, Subsection 1, USCIS Verification of Notice of Entry of Appearance [ 1 USCIS-PM D.4(A)(1) ].

[6] See 8 CFR 292.3 and 8 CFR 1003.102 .

[7] The term practitioners includes attorneys, attorneys outside the United States, accredited representatives, law students and law graduates not yet admitted to the bar, reputable individuals, and accredited officials. See 8 CFR 292.3(a)(2) , 8 CFR 1.2 (“Attorney” and “Representative”), and 8 CFR 292.1(a)(1)-(6) .

[8] See 8 CFR 292.3 and 8 CFR 1003.101 .

[9] See 8 CFR 1003.102 .

[10] Any such written communication must be clearly labeled “Advertising Material” and may not be distributed around an immigration court. See 8 CFR 1003.102(d) .

[11] See 8 CFR 1003.102(f) .

[12] A serious crime includes any felony, as well as any lesser crime that has as a necessary element: interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, dishonesty, bribery, extortion, misappropriation, theft, or an attempt, or conspiracy or solicitation of another, to commit a serious crime.

[13] See 8 CFR 1003.110 .

[14] Contact information for state bar associations is available on the Report Immigration Scams webpage.

[15] For more information on how to submit complaints to USCIS, see the Legal Services webpage.

[16] See 8 CFR 292.3(h) .