Judge Sandra Townes

The Board of Immigration Appeals expelled attorney Krivonos from practice before it, immigration courts, and the Department of Homeland Security. In connection with Krivonos's June 2011 action seeking a declaration directing his reinstatement to practice, a magistrate judge's May 2, 2013, order denied Krivonos's motion to compel the Department of Justice (DOJ) and its codefendants to comply with discovery requests. His motion to preclude summary judgment was granted. In addition to finding Krivonos's objections to the magistrate judge's order denying his motion to compel to be without merit, district court directed DOJ and its codefendants to show "good cause" for their noncompliance with a scheduling order. Although Krivonos's initial request to produce the administrative file on Bowser—another immigration attorney reinstated to practice by defendants—was made in December 2012, his requests to compel its production were made more than a month after discovery had closed on Feb. 6, 2013. The court further noted that Krivonos's complaint neither alleged disparate treatment Equal Protection claims nor challenged the regulations underlying defendants' decision to deny him reinstatement to the immigration bar.