Tuesday, October 20, 2009

2d Circuit bar of immigration lawyer for incompetence highlights need for government support of lawyers for detainees

The U.S. Court of Appeals for the 2d Circuit, whose docket is flooded with immigration appeals, has barred Karen Jaffe, an immigration specialist whose clients are principally Chinese. The
order cites a pattern of neglect of her clients' interests, including reliance on paralegals who themselves relied on two lawyers - one suspended and the other disbarred.

Jaffe was briefly suspended by the Executive Office for Immigration review in 2006 for making false statements to a tribunal. She was one of a group of four lawyers disciplined the same day.

The Court's disciplinary committee recommended Jaffe be given the opportunity to voluntary resign from the Circuit Court's roll. But the judges feared the situation might be misconstrued. Striking her from the roll will likely trigger reciprocal discipline by other courts.

The Circuit judges' firm action underlines their concerns that those facing deportation (who are about one-third of the court's docket) do not receive adequate representation. The problem led the New Jersey Law Journal Editorial Board to recently call for repeal of 8 U.S.C. 1362 which bars use of federal money to represent deportees. The Law Journal called for creation of a federally-funded "corps of competent lawyers" to represent deportees.

2 comments:

  1. I am a immigration attorney-one of the few that has a brain and cares about her clients. Unfortunately, most immigration attorneys are of low caliber. I went into immigration because I like it and for lifestyle issues (used to work at a big firm). However, most of the others are really stupid, greedy and irresponsible. I support the gov't funding of immigration lawyers. Immigrants are human beings after all and they don't deserve to be deceived by some incomptent loser.

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  2. I'll take this opportunity to comment on comment on my policy: gratuitous insults will not be published.

    `Anonymous' comment is over the line in characterizing "most" other immigration lawyers as "really stupid, greedy and irresponsible".

    Organizations like AILA (http://www.aila.org/), and resources like Immigration Prof Blog (http://lawprofessors.typepad.com/immigration/) are among the many working to raise the level of practice in immigration proceedings.

    - GWC

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