Immigration Lawyer Suspended for AI Hallucinations in Court
An immigration attorney was suspended from all U.S. immigration courts after filing a brief filled with AI-generated false information and then lying to the Ninth Circuit about it. In October 2026, the Board of Immigration Appeals made that suspension official and binding — setting a national precedent. Immigrants whose lawyers use AI carelessly now face a real risk: a suspended attorney cannot legally represent them in court.
What if the attorney handling your immigration court hearing filed documents full of errors — and those errors came from an AI tool the lawyer never disclosed? That is exactly what happened in a case the Board of Immigration Appeals (BIA) decided in October 2026, and the ruling is now binding precedent for every immigration court in the country.
The BIA suspended attorney Mike Singh Sethi from practicing before immigration courts, the Board of Immigration Appeals, and the Department of Homeland Security (DHS) for six months, effective June 13, 2026. The suspension mirrors a separate six-month suspension the U.S. Court of Appeals for the Ninth Circuit issued on June 3, 2026, in Malkeet Lnu v. Blanche. The Ninth Circuit found that Sethi submitted a legal brief containing AI hallucinations — false or fabricated content generated by an artificial intelligence tool — and then made false statements to the court about how he used that AI. Under federal immigration regulations, when a federal court suspends an attorney, immigration authorities must follow with their own suspension. The BIA applied that rule here without exception.
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Sethi argued that his clients would suffer hardship, that he did not knowingly deceive the court, and that lighter restrictions — like disclosure requirements — would be enough. The BIA rejected every argument. The Board found his hardship claims too vague and speculative to outweigh the public risk. On the knowledge question, the Board noted that Sethi's own assertions about not knowing AI caused the errors were never actually disputed as a factual matter — meaning there was nothing to hold a hearing about. The BIA also pointed out that while Sethi is under the Ninth Circuit's suspension order, he does not legally qualify as an "attorney" under immigration regulations at all, making it impossible to justify letting him keep practicing.
Why this matters for immigrants with pending cases
This decision sets a precedent: immigration courts will automatically follow federal court suspensions of attorneys, and AI-related misconduct is treated as a serious disciplinary offense. If your immigration lawyer was suspended — for any reason — you have the right to know. A suspended attorney cannot legally represent you in immigration court, before the BIA, or in dealings with DHS. Cases handled by a suspended attorney may face serious complications, including missed deadlines in removal proceedings or asylum applications.
What to do
- Check your attorney's status. You can search the EOIR attorney roster and your state bar's public records to confirm your lawyer is in good standing and not under any suspension order.
- If your attorney was suspended during your case, contact a new licensed immigration attorney immediately. Explain what happened and ask whether any filings or deadlines were affected.
- Ask your new attorney to review every document filed in your case for accuracy — especially if AI tools may have been used without your knowledge.
- If you cannot afford a lawyer, contact a nonprofit immigration legal services organization in your area. Many offer free or low-cost consultations for people in removal proceedings or with pending asylum applications.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
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Under 8 C.F.R. § 1003.103, the BIA is required to impose reciprocal discipline when a federal court suspends an attorney — there is very little discretion to avoid it. If you had a suspended attorney represent you in removal proceedings or on an asylum application, you may have grounds to reopen your case based on ineffective assistance of counsel, but you must follow the procedural steps set out in Matter of Lozada, including filing a bar complaint first. Do not wait — motions to reopen have strict deadlines. Consult a licensed immigration attorney as soon as possible to assess your options.
Frequently Asked Questions
Can a suspended attorney still represent me in immigration court?
No. Under immigration regulations, an attorney under any suspension order does not legally qualify as an "attorney" who can represent clients before immigration courts, the BIA, or DHS. If your lawyer is suspended, you need new representation immediately.
What are AI hallucinations, and why are they dangerous in legal filings?
AI hallucinations are false or made-up facts, case citations, or legal arguments that AI tools sometimes generate. When an attorney submits these to a court without checking them, it can mislead a judge and seriously harm a client's case — including an asylum application or defense against deportation.
What happens to my case if my attorney was suspended while representing me?
Your case does not automatically close, but any filings made by a suspended attorney may be challenged. You should hire a new licensed attorney right away. Depending on the situation, it may be possible to reopen your case, but strict deadlines apply.
How do I check if my immigration attorney is in good standing?
Search your attorney's name on your state bar's public website — most states have a free online lookup tool. You can also check the EOIR (Executive Office for Immigration Review) list of practitioners who have been disciplined. Both searches are free and take only a few minutes.