Summary
The Florida Supreme Court held that Erdon I. Abreu engaged in the unlicensed practice of law by preparing and filing immigration documents, representing a client at an immigration hearing for compensation, and holding himself out as qualified to provide immigration legal services. The court permanently enjoined him from practicing law in Florida until duly licensed, subject to the extent that federal immigration regulations permit nonattorney representation. The court also entered judgment for the Florida Bar to recover $451.46 in costs.
Topics
Practice areas
Questions Presented
- Whether a nonlawyer's preparation and filing of immigration documents for another person constitutes the unlicensed practice of law.
- Whether Abreu's representation of a client at an immigration hearing constituted the unlicensed practice of law because it was not permitted under the applicable federal regulation governing nonlawyer representation.
- Whether a nonlawyer's identifying himself as an attorney and advertising immigration legal services constitutes the unlicensed practice of law.
- Whether the court should enjoin Abreu from engaging in the prohibited conduct and tax the proceeding's costs against him.
Holdings
- A nonlawyer's preparation and filing of immigration documents for another person constitutes the unlicensed practice of law.
- A nonlawyer's representation of another person at an immigration hearing constitutes the unlicensed practice of law when the representation is not authorized by the applicable federal regulation.
- A nonlawyer's identifying himself as an attorney or advertising that he provides immigration legal services constitutes the unlicensed practice of law.
- Abreu must be enjoined from engaging in the practice of law in Florida until duly licensed, subject to the extent that federal immigration authorities permit nonlawyer representation, and must pay the taxed costs of $451.46.
Key quotations
“Since Abreu has elected not to respond to our order to show cause, we grant the Bar’s motion and proceed to decide this case on its merits.” (754)
“We conclude that Abreu’s representation of Mrs. Garcia at an INS hearing was not permitted under 8 C.F.R. § 292.1(a)(3) and, therefore, constitutes the unlicensed practice of law.” (755)
“Accordingly, respondent Erdon I. Abreu is hereby enjoined from engaging in the practice of law in the State of Florida until he is duly licensed to practice law in this state.” (756)
Factual background
Abreu was not a member of The Florida Bar but represented himself as an attorney or as the director of a legal group providing immigration services. He prepared and filed a temporary protected status application and work authorization form for Rachel Yanes, whose application was denied after Abreu's filing-fee check was returned and she could not repay the fee and service charge. Abreu also accepted substantial fees from the Garcias, prepared immigration documents, and represented Mrs. Garcia at an immigration hearing before later telling the Garcias that he would no longer represent them. He also advertised services including immigration matters, green cards, citizenship, relative petitions, deportation cases, and professional visas and appeals.
Procedural history
The Florida Bar filed a petition alleging that Abreu had engaged in the unlicensed practice of law by preparing and filing immigration documents, representing a client at an immigration hearing, and holding himself out as qualified to provide immigration legal services. The Supreme Court of Florida issued orders to show cause, but service was initially unsuccessful because Abreu had moved. After service was completed, Abreu did not respond. The court granted the Bar's motion to decide the case on the merits and entered a permanent injunction, subject to the scope of federal immigration regulations, as well as a costs judgment.