EOIR Policy Manual, Part I, ch. 8.4

(a) Practitioners

Conduct by practitioners that may result in discipline includes but is not limited to the following:

• grossly excessive fees;

• bribery or coercion;

• offering false evidence, or making a false statement of material fact or law;

• improperly soliciting clients;

• disbarment or suspension, or resignation while a disciplinary investigation or proceeding is pending;

• misrepresenting qualifications or services offered;

• action that would constitute contempt of court in a judicial proceeding;

• conviction for a serious crime;

• falsely certifying a copy of a document;

• frivolous behavior, as defined in 8 C.F.R. § 1003.102(j);

• ineffective assistance of counsel;

• repeated failure to appear;

• assisting 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;

• failing to provide competent representation to a client;

• failing to abide by a client’s decisions;

• failing to act with reasonable diligence and promptness;

• failing to control and manage the workload so that each matter can be handled competently;

• failing to comply with all time and filing limitations; 

• failing to carry through to conclusion all matters undertaken for a client, consistent with the scope of representation.

• failing to maintain communication with the client;

• failing to disclose adverse legal authority;

• repeatedly failing to submit a signed and completed appearance form in compliance with applicable rules and regulations; 

• repeatedly drafting boilerplate submissions that are filed with EOIR; or

• repeatedly failing to sign any pleading, application, motion, petition, brief, or other document that the practitioner prepared or drafted and was filed with EOIR.

See 8 C.F.R. § 1003.102.  This list is not exhaustive or exclusive, and other grounds for discipline may be identified by the Board or an adjudicating official.  8 C.F.R. § 1003.102.

(b) Recognized Organizations

Conduct by recognized organizations which may result in discipline includes the following: 

• knowingly or with reckless disregard providing a false statement or misleading information in applying for recognition or accreditation of its representative;

• knowingly or with reckless disregard providing false statements or misleading information to clients or prospective clients regarding the scope of its authority or services;

• failing to provide adequate supervision of accredited representatives;

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

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

See 8 C.F.R. § 1003.110.  This list is not exhaustive or exclusive, and other grounds for discipline may be identified by the Board or an adjudicating official.  8 C.F.R. § 1003.110.