Matter of Viney K. Gupta, Attorney, 28 I&N Dec. 653 (BIA 2022)

Matter of Gupta

(1) Disbarment may be appropriate where an attorney knowingly disregards a prior order of suspension from the Board of Immigration Appeals and claims on notices of entry of appearance that he is not subject to any order restricting his right to practice law when he is, in fact, suspended from practice before the Board, the Immigration Courts, and the Department of Homeland Security.

(2) While the Board will adopt the sanction proposed by the Disciplinary Counsels in this case, the Board may deviate from a proposed sanction if the particular facts and circumstances warrant a different result.

"The Disciplinary Counsels for the Executive Office for Immigration Review (“EOIR”) and the Department of Homeland Security (“DHS”) have filed a Joint Notice of Intent to Discipline requesting that the respondent be disbarred from practice before the Board of Immigration Appeals, the Immigration Courts, and DHS for continuing to practice law before the Board, the Immigration Courts, and DHS while suspended. For the reasons stated below, we will enter an order of disbarment."

[See also this June 15, 2021 order of the Supreme Court of Texas.]