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IMMIGRATION MARCH 29, 2024 | The Indian Eye 47

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Fifth Circuit decision could have di- bring agency enforcement actions here and here). Immigration lawyers under the Administrative Procedure
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sastrous consequences for the immi- rather than enforcing securities law facing a jury trial in federal court will Act. Although these challenges are
gration court system while also pro- in federal court offends the Consti- find it more difficult to make use of being made by plaintiffs before sym-
viding immigration lawyers charged tution’s nondelegation doctrine. the arguments laid out in Jarkesy. pathetic conservative justices whose
with SEC violations with an interest- This argument too could be ad- Our blog on Jarkesy is part of a objective it is to dismantle the ad-
ing means of challenging the admin- vanced by immigration lawyers fac- series of blogs analyzing forthcoming ministrative state, we have tried to
istrative proceedings. The SEC often ing an SEC administrative proceed- Supreme Court cases that may evis- also find a silver lining in each of
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initiates enforcement actions against ing. The SEC does not always initiate cerate Chevron deference, curb the these cases that might benefit immi-
immigration lawyers arising from agency enforcement proceedings power of federal government agen- grants or their attorneys.
their work with the EB-5 program, against immigration lawyers for secu- cies in interpreting statutes and reg- *Kaitlyn Box is a Senior Associate at
which affords noncitizen investors rities violations, however, sometimes ulations, and broaden the statute of Cyrus D. Mehta & Partners PLLC.
a path to lawful permanent resi- suing in federal court instead (see limitations to challenge regulations
dence. The SEC has initiated these _________________________________________________________________________________________________________
actions against immigration lawyers Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus
who it claimed, for example, offered Login|Register with your eMail then
investments without registering as D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task
a broker or received commissions Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special counsel on immigration matters
from their clients’ investments. As
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in the enforcement action at issue to the Departmental Disciplinary Committee, Appellate Division, First Department, New York; member of the ABA
in Jarkesy, the SEC often imposes Commission on Immigration; board member of Volunteers for Legal Services and board member of New York Immi-
monetary sanctions on immigration gration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration Council and
lawyers found to have committed a
securities violation. Jarkesy could former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association. He is a
provide immigration lawyers ac- frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct profes-
cused of securities fraud with a tem-
plate for challenging the enforce- sor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
ment proceedings brought against the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA
them by the SEC on the grounds You can click www.indialife.tv
that they are entitled to a jury trial 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immi-
or asserting a Constitutional chal- gration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked
lenge to the authority of ALJs. Jark- among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019
on your browser and watch IndiaLife TV 24 Hours
esy also argued that the statutory
provision which allows the SEC to and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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