Orange City attorney disbarred by DOJ’s Executive Office for Immigration Review over unauthorized practice of law

On Tuesday, November 29, 2022, the U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals disbarred attorney Viney K. Gupta over the case of unauthorized practice of law. The case is entitled “In the matter of Viney K. Gupta” with case no. 4054.

In 2019, the respondent was suspended by the United States Court of Appeals for the Ninth Circuit for six(6) months. However, the respondent didn’t file a Motion for Reinstatement after the suspension ended, therefore, remains suspended. The Disciplinary Counsel then filed a second Joint Notice of Discipline charging the respondent with engaging in the unauthorized practice of law and knowingly, making false or misleading communications about his qualifications. The Counsel alleged that despite knowing his suspension, the respondent continued to practice before the Board, the Immigration Courts, and DHS. 

The filing states:

“The allegations in the Notice of Intent to Discipline, which are deemed admitted here, establish that the respondent has represented at least 10 individuals before DHS or the Board in spite of his suspension from practice before these bodies. In some cases, the respondent stated on the notices of entry of appearance that he was not subject to any order of any court or administrative agency disbarring, suspending, enjoining, restraining, or otherwise restricting him in the practice of law even though he remained suspended from practice before the Board, the Immigration Courts, and DHS.* In other instances, the respondent did not answer the question pertaining to suspensions and therefore omitted a material fact. See, e.g, Matter of H. Kronegold, 25 1&N Dec 157, 162 (BIA 2010) (recognizing that an attorney’s failure to notify Immigration Courts of disbarment on appearance forms intentionally misled the courts and constituted a false declaration under penalty of perjury.”

According to the Court, the respondent’s knowing and repeated disregard for the prior order of suspension and his claim on notices of entry of appearance that he was not subject to any order restricting his right to practice law when he was, in fact, suspended from practice before the Board of Immigration Appeals, the Immigration Courts, and DHS are serious violations that undermine the integrity of the legal system. Therefore, warrants disbarment. 

The Disposition states:

“IT IS ORDERED that the respondent is disbarred from practice before the Board of Immigration Appeals, the Immigration Courts, and the Department of Homeland Security, effective immediately.”

As of today, Mr. Gupta’s info can be found on martindale.com. He attended Whittier Law School, graduating in 1986. Gupta practices in Orange, California.

A copy of the original filing can be found here.