EOIR Policy Manual, Part I, ch. 8.9

EOIR

Section: Effect on Practitioner's Pending Immigration Cases

Bluebook Citation: EOIR Policy Manual, Part I, ch. 8.9

(a) Duty to Advise Clients

A practitioner who is disciplined is required to advise all clients whose cases are pending before the immigration courts, the Board of Immigration Appeals (Board), or the Department of Homeland Security that the practitioner has been disciplined.

(b) Pending Cases Deemed Unrepresented

Once a practitioner has been suspended or disbarred, the practitioner’s pending cases are deemed unrepresented.  The immigration court and the Board reject filings that are submitted by a practitioner after he or she has been suspended or disbarred.  Part II, Chapter 2.1(d) (Defective Filings); Part III, Chapter 2.1(c) (Defective Filings).

(c) Ineffective Assistance of Counsel

The imposition of discipline on a practitioner does not, by itself, constitute evidence of ineffective assistance of counsel in the practitioner’s former cases.

(d) Filing Deadlines

An order of practitioner discipline does not automatically excuse parties from meeting any applicable filing deadlines. 

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