On Thursday, November 14, 2024, the Board of Immigration Appeals (BIA) issued an order suspending attorney John Paul Garcia from practicing before the BIA, the Immigration Courts, and the Department of Homeland Security (DHS) for one year, effective August 16, 2024. This decision follows a series of disciplinary actions against Garcia, who was previously suspended by the Supreme Court of California.
The case is entitled “In the Matter of John Paul Garcia.”
On July 17, 2024, the California Supreme Court suspended Garcia from practicing law for three years. However, the execution of this suspension was stayed, allowing him to serve a three-year probation period under specific conditions. During this probation, Garcia will be suspended from practicing law for at least the first year. The court’s order stemmed from Garcia’s misappropriation of client settlement funds and misrepresentations made to several clients between 2017 and 2019. The Supreme Court found that he misled clients regarding their settlement distributions, retaining amounts that exceeded what they were owed. Notably, he misappropriated over $1,100 from clients and failed to pay a medical lienholder.
Following the California suspension, the Disciplinary Counsel for the Executive Office for Immigration Review and DHS filed a joint petition on September 16, 2024, seeking Garcia’s immediate suspension from practice before the BIA and related courts. The BIA granted this petition on October 4, 2024, due to Garcia’s failure to respond to the allegations.
The BIA’s order emphasizes that Garcia’s lack of response to the Joint Notice of Intent to Discipline constituted an admission of the allegations, leading to the imposition of a one-year suspension. The order highlighted that the proposed sanction was appropriate given the circumstances surrounding Garcia’s prior suspension in California.
As part of the BIA’s ruling, Garcia is required to maintain compliance with all directives and must notify the Board of any further disciplinary actions against him. The contents of the order will be made public, ensuring transparency regarding Garcia’s professional conduct. He may petition the BIA for reinstatement after the suspension period, according to regulatory provisions.
The Disposition states:
“The Board hereby suspends the respondent from practice before the Board of Immigration Appeals, the Immigration Courts, and DHS, for one year, effective August 16, 2024.”
According to apps.callbar.ca.gov, Mr. Garcia acquired his law license in California in 2002.
A copy of the original filing can be found here.
