Nigerian lawyer Aloysius Ejimakor was subjected to disciplinary proceedings by United States immigration authorities after allegedly making false statements about his professional qualifications and representing himself as a member in good standing of the New York Bar, according to a document attributed to the U.S. Department of Justice.

The disciplinary record shows that the Office of General Counsel for the Executive Office for Immigration Review initiated proceedings against Ejimakor in July 2003 over alleged violations of U.S. regulations governing the professional conduct of lawyers appearing before immigration authorities.

According to the document, the allegation was that Ejimakor violated 8 C.F.R. § 1003.102(f)(1) by making false statements concerning his qualifications.

The authorities further alleged that he filed a number of notices of appearance with the Executive Office for Immigration Review in which he represented himself as a member in good standing of the New York Bar.

The disciplinary proceedings followed an earlier suspension affecting his ability to practise law in New York. According to the material, Ejimakor was suspended from practising law in New York for nine months in 2004.

As part of the immigration disciplinary proceedings, Ejimakor was required to file a response to the allegations contained in a Notice of Intent to Discipline.

However, on October 27, 2003, his counsel filed a motion seeking additional time to respond, explaining that Ejimakor was outside the United States at the time.

The request sought an extension until the end of January 2004 to enable him to file an answer to the disciplinary notice.

The document states that on November 25, 2003, Ejimakor was instead granted an additional 15 days within which to respond to the allegations.

He was also warned that failure to file an answer within the prescribed period would be treated as an admission of the allegations contained in the Notice of Intent to Discipline.

According to the DOJ document, Ejimakor did not file the required answer within the extended period.

The authorities consequently treated the failure to respond as an admission of the allegations for the purpose of the disciplinary proceedings.

The record further indicates that Ejimakor’s ability to return to practice before the Board of Immigration Appeals, Immigration Courts and the Department of Homeland Security was made dependent on his first demonstrating that he had been reinstated to practise law in New York.

The document stated: “After the suspension period expires, the respondent may petition this Board for reinstatement to practice before the Board, Immigration Courts, and DHS.”

It added that for reinstatement, Ejimakor would be required to demonstrate that he satisfied the regulatory definition of an attorney or accredited representative.

The document further explained that he would have to show that he had been reinstated to practise law in New York before the Board could consider restoring his authority to practise before the relevant U.S. immigration bodies.

“Therefore, the respondent must show that he has been reinstated to practice law in New York before he may be reinstated by the Board,” the document stated.

The authorities cited U.S. regulations providing that the term “attorney” does not include an individual who is under an order suspending him or her from the practice of law.

The disciplinary record therefore distinguishes between Ejimakor’s New York Bar status and his eligibility to practise before federal immigration bodies, with restoration before the immigration authorities dependent on reinstatement in New York.

The material cited in the report does not establish that Ejimakor was disbarred permanently from every court in the United States. Rather, it records disciplinary sanctions and conditions governing his eligibility to practise before the New York Bar and U.S. immigration authorities.

The report also states that available U.S. records do not show that Ejimakor has subsequently been reinstated to practise before the affected immigration bodies.

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