11.10 - Effect on Cases before the Board

(a) Duty to Advise Clients

A practitioner or organization who is disciplined is obligated to advise all clients with a case pending before either the Board or an immigration court that they been disciplined by the Board.

(b) Pending Cases Deemed Unrepresented

Once a practitioner has been disciplined by the Board and is currently not authorized to practice before the Board and the immigration courts, the Board will deem that practitioner’s pending cases to be unrepresented. Filings that are submitted after a practitioner has been disbarred or suspended will be rejected and returned to the party whenever possible. If the practitioner is later reinstated by the Board, the practitioner must file a new Notice of Entry of Appearance (Form EOIR‑27) in every case, even if the practitioner previously represented that party. See Chapter 11.12(d) (Cases Pending at the Time of Reinstatement).

(c) Ineffective Assistance of Counsel

The imposition of discipline on an attorney does not constitute per se evidence of ineffective assistance of counsel in any case formerly represented by that attorney.

(d) Filing Deadlines

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