This practice advisory explains the professional conduct rules for immigration practitioners and the rules governing the corresponding disciplinary procedures.

This practice pointer addresses the assistance that partially accredited representatives can provide to noncitizens in removal proceedings under the federal immigration regulations.

The Board of Immigration Appeals recently issued a precedent decision setting forth standards for reopening a case based on a claim of ineffective assistance of counsel. Matter of Melgar, 28 I&N Dec. 169 (BIA 2020). The decision builds upon the seminal case, Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), and clarifies that a respondent seeking reopening must show a reasonable probability that, but for counsel’s error, he would have prevailed on his claim.

This resource provides recommendations for immigration programs on how to continue providing immigration legal service in the event of office closures due to the COVID-19 pandemic.

It is critical that an organization’s leadership understands that there are legal, ethical, reputational, and practical ramifications of hasty downsizing or program closure. While Board members and leaders of organizations that have been affected by dramatic funding cuts have fiduciary responsibilities to maintaining the financial health of the organization, they must balance these with their equally important legal, professional, and ethical responsibilities to clients.

Since the announcement of a federal funding “freeze,” threatened and actual cuts to federal funding for immigration legal services by the Trump administration have caused Immigration Legal Services (ILS) programs to scramble to navigate challenging and uncertain financial times. Program leaders and organization leaders (where organizations that have ILS programs that are part of their larger organization) are having to make very difficult decisions about the programs’ futures and sustainability that may include reduction in services or staffing.