On Tuesday, July 22, 2025, The Florida Bar filed a complaint against Attorney Magdalena Ewa Cuprys alleging professional misconduct in her representation of a client. The complaint, submitted to the Supreme Court of Florida, accuses Cuprys of lacking diligence, failing to expedite litigation, and inadequate communication with her client, violating several Rules Regulating The Florida Bar.

The case is entitled “The Florida Bar v. Magdalena Ewa Cuprys,” with case no. 2022-70,095(11B).

Cuprys was retained on or about May 9, 2020, by the mother-in-law of Jessica Leal to represent Leal’s husband, Jesus Nieto Gutierrez, in an immigration matter. The attorney was tasked with filing a motion to reopen Gutierrez’s removal case and submitting a Freedom of Information Act (FOIA) request. Leal, who was present when Cuprys was hired, instructed that all decisions be communicated directly to Gutierrez or his mother.

On July 23, 2020, Cuprys represented Gutierrez during an interview with the Department of Homeland Security/Citizenship and Immigration Services at Krome Service Processing Center in Miami. During this meeting, authorities informed Cuprys of Gutierrez’s prior criminal charges, including a charge of fleeing and eluding a law enforcement officer. Cuprys later argued that this charge was not an aggravated felony or crime of violence that would warrant removal from the United States. However, the complaint alleges that, despite this knowledge, Cuprys failed to conduct a criminal background check on her client.

By August 25, 2020, Cuprys received additional information through a FOIA request from the U.S. Department of Homeland Security, and Leal provided Gutierrez’s criminal record for review. Despite having sufficient grounds to file a motion to reopen the removal case, Cuprys did not submit the motion until December 17, 2020. The immigration court denied the motion, which became final on November 30, 2020, and precluded reopening proceedings for a previously removed foreign national.

The court acknowledged that the fleeing and eluding conviction was not an aggravated felony, but the recent decision barred relief. The Florida Bar alleges that Cuprys’s delay in filing the motion prejudiced her client, as earlier action might have led to a successful reopening of the case.

Leal further claimed that Cuprys’s ineffective assistance and delay resulted in Gutierrez’s removal to Mexico. The complaint asserts that Cuprys violated Rule 4-1.3 (Diligence), Rule 4-1.4 (Communication), and Rule 4-3.2 (Expediting Litigation) of the Rules Regulating The Florida Bar.

The Florida Bar has requested that the Supreme Court of Florida impose appropriate disciplinary action against Cuprys.

The complaint states:

“The Florida Bar respectfully requests that this Court appropriately discipline respondent under the Rules Regulating The Florida Bar.”

According to Avvo.com, Ms. Cuprys is an immigration attorney in Orlando, Florida. She attended the University of Washington School of Law, graduating in 2003. She acquired her law license in Florida in 2006. 

A copy of the original filing can be found here.