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IMMIGRATION DECEMBER 13, 2024 | The Indian Eye 37

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governing potential disclosure is unclear, a an attorney withdraw from representing a merely because his client refuses to surren- bilities, including the duty of competence
lawyer need not risk violating a legal or eth- client who is evading immigration enforce- der to the authorities…The lawyer is free under Model Rule 1.1, such as evaluating
ical obligation, but may disclose client con- ment? The EOIR Practice Manual requires to continue to give legal advice to the client whether they can reopen the order or
fidences to the extent the lawyer reasonably that the withdrawing attorney, among oth- and to represent him before the authori- can seek permission to remain in the US.
believes it is necessary to do so to comply er things, “reveal the last known address of ties, as long as the does nothing to aid the Moreover, ethics opinions guiding law-
with the relevant law, even if the legal obli- the respondent.” The BIA Practice Manual client to escape trial.” Similarly, N.Y. City yers representing fugitives in the criminal
gation is not free from doubt”)… also includes a similar requirement. Can Bar Formal Opinion 1999-02 affirms that a justice system may not always be directly
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The opinion concludes that “attorneys the attorney make a motion to withdraw lawyer may continue representing a fugitive applicable to lawyers representing noncit-
need not assume unreasonable burdens or without revealing the client’s last known client, so long as the continued representa- izens who have violated a removal order
suffer significant harms in seeking to test a address assuming that the attorney knows tion does not result in violation of a Disci- as the latter may be able to seek relief.
law or court order”, guidance that can read- about the client’s whereabouts? Would this plinary Rule. Our blog is only the starting point
ily be applied to lawyers facing demands for lead to a denial of the motion to withdraw? While at one level a noncitizen who to aid lawyers if required by Trump ad-
client information under the Trump admin- DC Bar Op. 266 citing Matter of Ro- is in violation of removal order may be ministration officials to reveal a client’s
istration. sales (BIA Interim Decision No. 3064) viewed as a fugitive, they should be viewed whereabouts and is by no means an ex-
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Nebraska Ethics Advisory Opinion advises that the lawyer is given a choice, differently from criminal defendants who haustive coverage of this complex and
for Lawyers No. 90-2 similarly addressed which is 1) to withdraw unconditionally, the have evaded arrest or jumped bail. Non- evolving area. We will be sure to post
the question of whether an attorney may lawyer must disclose the client’s last known citizens in violation of a removal order, as updates as we notice developments in
“ethically inform the U.S. Marshal’s office address; or 2) if the lawyer does not pro- explained above, have the ability to reopen this area as we seek to legally and ethi-
of the client’s location?” The opinion con- vide this information, the withdrawal will the order or may request permission to re- cally protect our clients entering a new
cluded that: be granted only conditionally, i.e the lawyer main in the US, and apply for work autho- era of heightened immigration enforce-
Generally, an attorney may not reveal must continue to accept service on his cli- rization, even when there is an underlying ment under the Trump administration.
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the whereabouts of a former client where ent’s behalf.” NY State Bar Ethics Opinion removal order. Therefore, lawyers repre- *Kaitlyn Box is a Senior Associate
such information was received during the 529 concludes that “a lawyer should not be senting individuals in violation of removal at Cyrus D. Mehta & Partners PLLC.
course of and in furtherance of the profes- required to withdraw from representation orders have additional ethical responsi-
sional relationship. However, the attorney ___________________________________________________________________________________________________________________________________
may ethically divulge the whereabouts of Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
the client where the attorney determines Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
that it is the intention of the client to com- former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
mit a crime in the future, the attorney has Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
obtained the consent of the client to make for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
the disclosure, or the attorney is required
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by law or a court order to do so. Under the of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
Disciplinary Rules, it is not mandatory that City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
the attorney disclose such information. adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
The question of what attorney’s obli- the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
gations to reveal the client’s address when Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
withdrawing as attorney in Immigration received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
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Court or before the Board of Immigration
Appeals are also arises. Similarly, must in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
Global 2019 in immigration law, among other rankings.

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