Discipline Notice - Jerry L. Kagele

License Number: 4851
Member Name: Jerry L. Kagele
Discipline Detail
Action: Reprimand
Effective Date: 7/30/2010
RPC: 8.4 (d) - Conduct Prejudicial to the Administration of Justice
Discipline Notice:
Description: Jerry L. Kagele (WSBA No. 4851, admitted 1972), of Spokane, received a reprimand following approval of a stipulation on July 30, 2010, by order of the Disciplinary Board. This discipline is based on conduct involving failure to act diligently and engaging in conduct that is prejudicial to the administration of justice.

Mr. Kagele represented an immigration client. The I-130 visa petition filed on the client's behalf had been revoked, and the client came to Mr. Kagele after the period for challenging the revocation had passed. Mr. Kagele filed a Notice of Appeal of the revocation of the I-130 petition without taking any steps to have the appeal considered timely filed, and then failed to file a brief in the appeal. Mr. Kagele failed to follow up with the Administrative Appeals Unit on the status of the case and, as a result, he was not aware that the Administrative Appeals Unit did not have the case pending before it due to an administrative error. Mr. Kagele further failed to file an appeal with the Board of Immigration Appeals.

The client's case was subsequently set for hearing before the immigration judge. Mr. Kagele filed a Motion for Waiver and other Relief and Brief on Removability. His motion was denied and his client ordered deported. Mr. Kagele appealed the decision to the Board of Immigration Appeals, asserting that the judge could have corrected the I-130 revocation. The appeal was dismissed because the immigration court lacked jurisdiction to consider the revocation of the I-130, which may only be considered on direct appeal in separate proceedings.

Mr. Kagele's conduct violated RPC 1.3, requiring a lawyer to act with reasonable diligence and promptness in representing a client; and RPC 8.4(d) prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice.

Debra J. Slater represented the Bar Association. Kurt M. Bulmer represented Mr. Kagele.


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