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IMMIGRATION                                                          OCTOBER 09, 2026      |  The Indian Eye 43























































        accountability.  Lawyers  who  present  obligation of lawyers to pursue lawful  representation  that  the  law  permits  asylum  claim  has  nothing  to  fear  or
        applications authorized by statute do  relief for vulnerable clients. Percival’s  and professional ethics often require.  apologize for. That lawyer is not un-
        not create a backlog simply by insisting  letter is not an isolated attack. In 2017,   Immigration  lawyers  should  not  dermining  the  legal  system,  but  per-
        that  their  clients  receive  the  process  Attorney  General  Jeff  Sessions  de-  be intimidated. They should continue  forming  noble  work  essential  to  its
        the law promises.                 nounced  “dirty  immigration  lawyers”  to  represent  vulnerable  immigrants  integrity. The asylum system depends
            Percival’s  suggestion  that  coun-  who,  he  claimed,  encouraged  clients  without  fear,  guided  by  the  rules  of  not only on truthful applications and
        tries in the Western Hemisphere are  to  make  false  asylum  claims  by  sup-  professional  conduct:  investigate  the  ethical  lawyers,  but  also  on  an  exec-
        generally  safe,  and  that  claims  from  plying “magic words.” In March 2025,  facts,  counsel  clients  candidly,  reject  utive  branch  that  respects  statutory
        the  region  therefore  lack  a  basis  for  the White House issued a memoran-  fabrication,  and  advance  every  non-  rights,  controlling  precedent,  individ-
        asylum,  is  equally  untenable.  The  dum accusing the immigration bar and  frivolous meritorious argument avail-  ualized adjudication, and the essential
        Western  Hemisphere  is  not  a  single  major law firms’ pro bono practices of  able under the law. They should also  role of counsel. Let immigration law-
        country-condition  category,  and  gen-  coaching  asylum  seekers  to  conceal  continue to press for interpretations of  yers stand fearless and proud, knowing
        eralized  assurances  of  safety  cannot  their  past  or  lie  about  their  circum-  asylum law that protect asylum seekers  that every ethical defense of an asylum
        displace evidence concerning a partic-  stances,  and  linked  this  alleged  con-  and to develop the law through good-  seeker vindicates the highest promise
        ular applicant, persecutor, locality, or  duct to fraud and threats to national  faith  challenges  to  restrictive  agency  of our profession—to ensure that ev-
        government’s ability and willingness to  security.  These  sweeping  accusations  precedents.  A  lawyer  who  complies  ery asylum claim receives the fair and
        provide protection. The United States  stigmatize an entire bar for providing  with  ethical  rules  while  pursuing  an  searching consideration the law
        itself  invaded  Venezuela  in  January   ________________________________________________________________________________________________________________________________________________________________________________________________
        2026, using military force and remov-  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
        ing  its  president—an  intervention   & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
        that  produced  further  political  and   mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
        regional upheaval. An administration   Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
        that  has  contributed  to  instability  in
        Latin America cannot credibly invoke   of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
        the hemisphere’s supposed safety as a   Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
        reason to prejudge asylum claims aris-  Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
        ing  there.  Whether  an  applicant  has   on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
        a well-founded fear must be decided   Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
        under the statute on an individualized   and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
        record, not by geopolitical slogan.
            AILA  has  properly  rejected  the   immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
        premise that immigration lawyers are   the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
        the culprits and reaffirmed the ethical  in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.


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