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IMMIGRATION DECEMBER 29, 2023 | The Indian Eye 39

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pouses terrorist activity”. INA 212(a) be compromised under ABA Model ing reasonable notice, allowing time ditional screening procedures to only
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(3)(B)(v) defines “representative” as Rule 1.7(a)(2). for the client to retain another coun- these clients, faces the risk of being
“an officer, official, or spokesman of Immigration lawyers should also sel, surrendering papers and property sanctioned under Rule 8.4(g). Law-
an organization, and any person who be aware that not all personal con- to which the client is entitled to and yers who engage in discriminatory
directs, counsels, or induces an or- flicts can be waived. If the represen- refunding any unearned fees. conduct can also be sanctioned under
ganization or its members to engage tation will result in a clear violation of In screening for potential per- the state analogs to Rule 8.4(g). Rule
in terrorist activity”. INA 237(a)(4) the rules of professional conduct or sonal conflicts, immigration lawyers 8.4(h) of New York’s Rules of Profes-
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(B) also renders a noncitizen who other law, ABA Model Rule 1.16(a) should be mindful of ABA Model sional Conduct, for example, broadly
is described in INA §212(a)(3)(B) (1) obliges the lawyer to withdraw. Rule 8.4(g), which sanctions conduct allows for the discipline of a lawyer
and INA § 212(a)(3)(D) removable. Regardless of whether a lawyer wish- that constitutes harassment or dis- who “engage[s] in any other conduct
Similarly, INA § 212(a)(3)(B)(i)(I) es to withdraw from representation crimination based on certain protect- that adversely reflects on the lawyer’s
renders inadmissible noncitizens who under ABA Model Rule 1.16, or is ed grounds related to the practice of fitness as a lawyer”. A New York law-
“have engaged in terrorist activity”, required to do so, the lawyer must law including race, sex, religion, na- yer who threatened to report restau-
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which can include commission of “an seek the permission of the tribunal to tional origin, ethnicity, disability. Age, rant employees who were speaking
act that the actor knows, or reason- withdraw when the matter is before sexual orientation, gender identity, Spanish to ICE in 2018 was censured
ably should know, affords material the tribunal. Moreover, upon termi- marital status or socioeconomic status. under NY Rule 8.4(h).
support, including a safe house, trans- nation of representation the lawyer A lawyer who broadly declines
portation, communications, funds, must take all reasonable steps to pro- to represent clients of a particular *Kaitlyn Box is a Senior Associate
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transfer of funds or other material tect the client’s interest including giv- nationality or ethnicity, or applies ad- at Cyrus D. Mehta & Partners PLLC.
financial benefit, false documentation _________________________________________________________________________________________________________
or identification, weapons (including Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
chemical, biological, or radiological Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
weapons), explosives, or training” to mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
a terrorist organization. If a student Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
who has been ensnared under these Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
provisions seeks the assistance of an of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
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immigration lawyer, the lawyer must New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
first examine whether they would be is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
able to objectively represent this indi- received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
vidual. An attorney who has relatives Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
still being held hostage by Hamas, also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
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must evaluate whether his objectiv- lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
ity in representing the client would Chambers Global 2019 in immigration law, among other rankings.

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