Immigration Lawyer Suspended from US Courts: What It Means
You trusted an immigration lawyer with your case — your green card, your asylum claim, your future in the US. On September 18, 2026, the Board of Immigration Appeals suspended attorney Ashley Briana Cuber from all US immigration courts and DHS proceedings for one year, after Washington state's Supreme Court issued its own final suspension. Clients whose cases she was handling must now find new representation — and their court deadlines keep running.
You hired an immigration lawyer to handle your case — your green card application, your removal proceedings, your asylum claim. Then you find out your attorney has been suspended and can no longer represent you in immigration court. That is exactly the situation clients of attorney Ashley Briana Cuber now face.
On September 18, 2026, the Board of Immigration Appeals (BIA) — the highest administrative immigration court in the US — issued a final order suspending Cuber from practicing before the BIA, all immigration courts, and the Department of Homeland Security (DHS) for one year. The suspension was made effective as of July 25, 2025, the date of an earlier immediate suspension order. That means the suspension period has already been running for over a year.
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How the suspension happened
The case began when the Supreme Court of Washington suspended Cuber from practicing law in Washington state on June 26, 2025. Federal immigration authorities then moved quickly: by July 25, 2025, the BIA had already placed her under immediate suspension from immigration courts. On May 7, 2026, Washington's Supreme Court issued a final one-year suspension order. Federal disciplinary counsels — one from the Executive Office for Immigration Review and one from DHS — then filed a joint notice seeking the same one-year suspension at the federal level. Cuber did not respond to that notice. Under federal regulations at 8 C.F.R. § 1003.105, failing to answer a disciplinary notice counts as admitting the allegations and gives up the right to a hearing. The BIA followed its standard practice: when an attorney is already suspended by a state bar and does not contest the federal notice, the BIA generally mirrors the state sanction.
What this means for immigrants with a suspended lawyer
If your attorney is suspended, they cannot legally represent you in immigration court, before the BIA, or in dealings with DHS. Any filings they make on your behalf during a suspension period may be invalid. Your deadlines — for responding to a Notice to Appear, filing an asylum application (Form I-589, which carries no filing fee), or appearing at a hearing — do not pause because your lawyer has a problem. Missing those deadlines can lead to an in absentia removal order, meaning a judge orders your deportation without you present.
What to do
- Check whether your attorney is currently licensed: search the Washington State Bar Association's public directory and the EOIR's list of disciplined practitioners at justice.gov.
- If your lawyer is suspended, contact a new licensed immigration attorney immediately — explain your upcoming deadlines so they can request more time from the court if needed.
- Ask the immigration court for a continuance (a delay) to find new representation; courts can grant this, but you must ask before your hearing date.
- If you cannot afford a lawyer, search for free legal help through the EOIR's list of recognized organizations and accredited representatives at justice.gov/eoir.
What to do, step by step — see our guide “Immigration Court Rulings”.
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When your immigration attorney is suspended, your legal deadlines do not stop. Under 8 C.F.R. § 1003.102, only attorneys in good standing with their state bar can represent clients before immigration courts — so any work a suspended attorney does on your file is unauthorized. If you have a hearing coming up, file a motion for a continuance immediately and attach proof that your prior counsel was suspended; courts routinely grant these requests when the reason is documented. Consult a licensed immigration attorney as soon as possible to protect your rights.
Frequently Asked Questions
My immigration lawyer was suspended. Do I still have to appear at my hearing?
Yes. Your hearing date does not change automatically because your lawyer has a problem. You must either appear with a new attorney, appear alone, or file a motion asking the court to postpone (continue) the hearing before the date arrives. If you miss the hearing without a valid excuse, a judge can order your deportation in your absence.
How do I find out if my immigration lawyer is suspended?
Check two places: the state bar where your attorney is licensed (in this case, the Washington State Bar Association has a public directory), and the EOIR's list of disciplined practitioners, which is available at justice.gov. Both are free to search.
Can a suspended lawyer's past work on my case be undone?
Work done before the suspension date is generally valid. The concern is work done after the suspension took effect. If you are unsure whether filings were made during the suspension period, a new attorney can review your case file and, if needed, ask the court to address any irregularities.
What is reciprocal discipline in immigration court?
Reciprocal discipline means that when a state bar suspends or disbarrs a lawyer, federal immigration courts apply the same or a similar punishment. The BIA does this under 8 C.F.R. § 1003.106. The attorney can contest it, but if they do not respond to the federal notice, the BIA typically mirrors the state sanction automatically.