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Antonio Salazar (WSBA No. 6273, admitted 1975), of Seattle, received a censure on September 26, 2001 following a hearing. This discipline is based on his failure to represent a client competently and diligently in 1997 and 1998.
In 1997, the Salazar firm agreed to represent Mr. S in deportation proceedings. On November 4, 1997, following a hearing, the immigration judge denied Mr. S’s application for asylum and granted a voluntary departure. Mr. S. asked the firm to appeal the decision to the Board of Immigration Appeals (BIA). Mr. S paid the firm $110 for the filing fee and $1,155.80 toward attorney’s fees. Ms. Salazar filed the notice of appeal and paid the filing fee. The BIA issued a briefing schedule, informing Mr. Salazar that his client’s brief was due on June 11, 1998. The notice indicated that briefs must be received by the due date and that requests for extension must be received prior to the due date.
On June 10, 1998, Mr. Salazar sent by FedEx a motion for an extension to the BIA in Falls Church, VA. The hearing officer found that because FedEx service takes one day between Seattle and Falls Church, Mr. Salazar could not reasonably have expected his motion to be resolved prior to the June 11 due date. The BIA granted the motion and extended the due date to July 2, Mr. Salazar did not file the client’s brief on or before the due date.
On October 19, 1998, the BIA summarily dismissed the client’s appeal for failure to file a brief. As a result of the summary dismissal, the client received a letter from the INS indicating that he had lost the right to work lawfully in the United States and that the deportation order would be enforced. In 1999, the client retained another lawyer to re-open the appeal based on ineffective assistance of counsel. In July 2001, Mr. Salazar agreed to return $1,155.80 to the client.
Mr. Salazar’s conduct violated RPCs 1.1, requiring lawyers to competently represent their clients; and 1.3, requiring lawyers to diligently represent their clients.
Joanne Abelson represented the Bar Association. Mr. Salazar represented himself. The hearing officer was Philip J. VanDerhoef.
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