In re the Disciplinary Proceeding Against Conteh

284 P.3d 724, 175 Wash. 2d 134
CourtWashington Supreme Court
DecidedAugust 23, 2012
DocketNo. 200,915-8
StatusPublished
Cited by16 cases

This text of 284 P.3d 724 (In re the Disciplinary Proceeding Against Conteh) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Disciplinary Proceeding Against Conteh, 284 P.3d 724, 175 Wash. 2d 134 (Wash. 2012).

Opinion

Stephens, J.

¶1 In the summer of 2002, attorney Bakary Fansu Conteh traveled from The Gambia to the United States on a G-2 visa. He remained after his visa expired, obtained work as a nursing assistant, and ultimately gained admission to the Washington State bar in 2004. Following his admission, he began practicing immigration law as a sole proprietor, even though he did not have permission to work in the United States outside his G-2 status. In 2008, this state of affairs led to an ethical investigation by the Washington State Bar Association, which charged Conteh with three counts of misconduct relating to misrepresentations on his bar application and immigration forms, as well as the unauthorized practice of law. The hearing officer found a violation relating to misrepresentations on Conteh’s asylum application and recommended a 60-day suspension. The disciplinary board adopted the hearing officer’s findings but found these findings established an additional violation related to the unauthorized practice of law. Because of this, the board recommended a much harsher sanction — an 18-month suspension.

¶2 We conclude that the board erred in finding an additional violation previously rejected by the hearing officer. However, we find the hearing officer’s recommended sanction to be too lenient. Accordingly, we impose a suspension of six months.

FACTS AND PROCEDURAL HISTORY

¶3 Conteh was born in The Gambia and educated in Africa. After earning his law degree, he gained admission to the bar in The Gambia. In 1999, he was designated a state counsel and was later promoted to senior state counsel for The Gambia.

¶4 In 2002, Conteh traveled to the United States to represent The Gambia at the 10th session of the Preparatory Commission for the International Criminal Court [139]*139(PCICC), under the auspices of the United Nations. Conteh obtained a G-2 visa, which enables nonimmigrants representing recognized foreign governments to attend meetings of designated international organizations. See 8 U.S.C. § 1101(a)(15)(G)(ii). He arrived in New York City on June 30, 2002. Conteh’s 1-94 form indicated his departure date was “DS,” which means “duration of status.” A “duration of status” indication means that the alien can remain in the United States so long as he or she both remains in good status and is allowed to stay by the secretary of state. A visa holder is considered to be in good status so long as he continues in the particular purpose for which the visa was issued.

¶5 Conteh’s G-2 status depended on his functioning as a representative of The Gambia at the PCICC, which lasted approximately two weeks. While Conteh testified he had hoped to study issues relevant to the implementation of the International Criminal Court at DePaul University following the conference, those plans never panned out. He remained in the United States after the conference ended. Eventually, his visa and return ticket to The Gambia expired.

¶6 Later that summer, Conteh moved to Washington State. He found work as a nursing assistant from 2002 into 2005. Because this employment was not related to his work at the PCICC, it was outside the scope of his G-2 status. See 8 C.F.R. § 214.2(g)(10) (“An alien who is classified [G-2] who is a principal alien and who engages in employment outside the scope of his/her official position may be considered in violation of . . . the Act.”).

¶7 Based on his legal experience in The Gambia, a common law country, Conteh was eligible to sit for the bar exam. APR 3(b)(iii). He applied to take the July 2003 exam. The application directed him to list “all employment, or employment status, for the past five years” and counseled that discipline could result for failure to disclose a material fact in connection with the application. Ex. 3, at 3. Despite [140]*140this warning, Conteh listed only his employment with The Gambian government, which he described as ending on July 31,2002. He further signed a statement, under penalty of perjury, certifying that the statements in his application were true and correct.

¶8 After failing the bar exam, Conteh renewed his application, declaring once more under penalty of perjury that the information in his previous application was true and correct. He passed the February 2004 bar exam, took his oath of attorney, and was admitted to the bar. In July 2004, Conteh began practicing immigration law as a sole proprietor.

¶9 Around the time Conteh began practicing, he sought lawful permanent residence status by filing an “Immigrant Petition for Alien Worker” (1-140 form). In supporting documentation of his qualifications, Conteh described his work for The Gambia as ending in July 2002. His petition was denied.

¶10 On March 25, 2008, Conteh filed an independent “Application for Asylum and for Withholding of Removal.” In general, an asylum application must be filed within one year of entering the United States unless an extraordinary circumstance applies — which may include remaining in lawful G-2 status. 8 U.S.C. § 1158(a)(2)(D); see 8 C.F.R. § 1208.4(a)(5)(iv) (noting that extraordinary circumstances may include maintaining lawful nonimmigrant status until a reasonable period before filing an application for asylum).

¶11 To demonstrate that he remained in G-2 status within one year of applying for asylum, Conteh presented a document purporting to be a letter from a Gambian official dismissing him from government service effective December 17, 2007. Conteh claims a friend in The Gambia obtained the letter from his personnel file, which his cousin then mailed to Conteh. Based on this letter, the immigra[141]*141tion court determined that Conteh’s G-2 status ended on December 31, 2007.1

¶12 Conteh’s asylum application asked him to list his employment for the previous five years. Once again, Conteh did not disclose his employment as a nursing assistant. He did list his employment for The Gambia, which he represented as having ended in December 2007. Under penalty of perjury, he certified that all information in the application was true and correct.

¶13 On April 14, 2008, Rachel McCarthy, bar counsel for the United States Citizenship and Immigration Services (USCIS), filed a grievance against Conteh with the Washington State Bar Association’s Office of Disciplinary Counsel. Her grievance alleged that Conteh did not have permission to be employed in the United States and it appeared he had been “engaged in employment as an attorney without employment authorization from USCIS as required by law.” Ex. 24.

¶14 Following its investigation, the bar association filed a formal complaint against Conteh, charging him with three counts of misconduct. Count 1 charged Conteh with violating RPC 8.4(c) and former RPC 8.1(a) (2002) by misrepresenting his employment history on his bar exam applications. Count 2 alleged he violated RPC 8.4(i) and 8.4(k) by practicing law contrary to the immigration laws of the United States. Finally, count 3 charged Conteh with violating RPC 3.3(a)(1), 8.4(c), and 8.4(d) by misrepresenting his employment history on his asylum application.

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Bluebook (online)
284 P.3d 724, 175 Wash. 2d 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-disciplinary-proceeding-against-conteh-wash-2012.