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Bennett v. Mukasey

Attorney's practice of accepting initial retainer fee and then deliberately failing to take required action on client's case due to non-payment of additional fees, thereby permitting client's case to be defaulted, was improper and unacceptable.

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Submitted: May 6, 2008

This motion to recall a mandate and reinstate a petition for review of a decision of the Board of Immigration Appeals (“BIA”) merits this brief chambers opinion to make clear that a lawyer’s practice of accepting an initial retainer fee and then deliberately failing to take required action because of non-payment of additional fees, thereby permitting his client’s petition to be dismissed, is unacceptable.

On May 26, 2006, Attorney Douglas Rosenthal filed a petition in this Court for Rizland Bennett to review a BIA decision denying Bennett’s petition to reopen removal proceedings in order to seek adjustment of status based on his marriage to a United States citizen. Before the Immigration Court, the Government had declined to oppose his motion to reopen at the agency level. On June 6, 2006, a deputy clerk of this Court reminded Rosenthal by telephone of the Court’s requirement to file, within ten days of a petition for review, the standard informational form (Local Form C-A) for agency appeals. See 28 U.S.C.A., Second Circuit Local Rules, App., Part C (Civil Appeals Management Plan ¶3(a)). Rosenthal stated that he would file the required form. Upon Rosenthal’s failure to do so, the petition was dismissed nearly a year later on April 7, 2007, and a mandate was issued.

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