What to do if your immigration lawyer lost their license or made serious mistakes

This page is general information, not legal advice. Every case is different, and some deadlines are short. Talk to a new lawyer or a DOJ accredited representative as soon as you can. Free help is listed below.

Is my lawyer still allowed to work on my case?

Check right away. Two places show it:

• The State Bar of California profile shows a lawyer's license status, whether they can practice law, and their discipline history (State Bar Attorney Search). For a lawyer licensed in another state, check that state's bar.
• The Executive Office for Immigration Review (EOIR), which runs the immigration courts and the Board of Immigration Appeals, keeps a public list of lawyers and representatives it has disciplined.

If your lawyer was disbarred, they are barred for good from practice before the immigration courts, the Board, or the Department of Homeland Security, or all three. A suspension is a bar for a set time (8 CFR 1003.101).

What must a disbarred or suspended lawyer do for me?

California's court rules (rule 9.20) require a California lawyer who is disbarred, suspended or resigns to:

• Tell you, by registered or certified mail, that they can no longer act as your lawyer, and urge you to find a new one, noting any urgency
• Give you your papers and property, or tell you where and when to pick them up
• Refund any part of your fees they did not earn
• Notify the court or agency where your case is pending

Even when a lawyer is not in trouble, California's ethics rules say that when the relationship ends, the lawyer must promptly give you your file and property when you ask, and refund money paid in advance that they did not earn (rule 1.16(e)).

What if my lawyer disappeared or closed the office?

This happens. Lawyers die, quit, get sick or abandon their practice. California law covers it:

• When a California lawyer dies, resigns, goes inactive, is disbarred or is suspended, notice must go out to current clients, to the courts and agencies handling their cases, and to the State Bar.
• If clients could be hurt, a court can appoint other lawyers to go through the files, tell clients what happened, ask for more time on cases, and return clients' papers and property (Business and Professions Code 6180.5).
• The State Bar runs a pilot Attorney Client Bridge Program that can help you reach your lawyer again or get your files back from a former lawyer (State Bar).

Call the State Bar at 800-843-9053 and say, "My lawyer has stopped answering and I need my file."

What should I do this week?

Do these in order. You do not need to wait for anyone to decide a complaint.

1. Find your dates. Check your court case online or at 800-898-7180. Look through every letter from USCIS and the court. Write down every hearing, interview and deadline.
2. Go to every hearing and appointment, even without a lawyer. Missing court can lead to a deportation order. See Do I have to go to immigration court?
3. Fix your address. If you are in immigration court, you must report a move within 5 working days on Form EOIR-33. For USCIS, report a move within 10 days on Form AR-11.
4. Get a second opinion. Bring every paper you have to a free legal group. See Who can help?
5. Ask for your file in writing. See below.
6. Do not sign or withdraw anything because a letter says you can, until a new lawyer has looked at your case. In June 2026, USCIS told clients of one former lawyer that they could withdraw a pending case in writing, and that it needs their updated mailing address to keep processing (USCIS bulletin, June 26, 2026). It did not explain what withdrawing would mean for each person. Withdrawing ends that application. Ask a new lawyer first.

How do I get my file back?

Ask in writing, by email and by mail, and keep copies:

"I am ending your representation. Please send me my complete file, including all papers filed with USCIS or the immigration court, all receipts and notices, and my original documents, by [date]. Please also send an accounting of my fees and refund any unearned fees."

If you get no answer, call the State Bar and ask about the Attorney Client Bridge Program. A new lawyer can also request a copy of what the government has in your file. See How to get a copy of your immigration file.

Can a lawyer's mistake be fixed?

Sometimes, yes. If a lawyer's serious mistake caused you to lose, miss a deadline, or never have your best facts heard, a new lawyer may be able to ask the court or the Board to reopen your case. This is called a claim of ineffective assistance of counsel.

It is hard, and the rules are strict. The Board of Immigration Appeals set the rules in a 1988 decision, Matter of Lozada, and made them stricter in July 2026 in Matter of L-R-M-C- & V-A-M-M-. Your motion generally must include:

• Your sworn statement explaining in detail what you and the lawyer agreed to and what went wrong
• Proof you told the old lawyer what you are claiming and gave them a chance to respond
• A copy of your complaint to the lawyer's discipline office (for a California lawyer, the State Bar) and proof you filed it, or an explanation of why you did not

You also need to show the mistake really hurt your case. The Board has said reopening is not used just because a lawyer "was not good enough."

If your case is with USCIS instead of the court, a new lawyer can review what was filed and decide whether to fix, add to, or refile anything. You can change lawyers or accredited representatives at any time. Your new lawyer files a new notice of representation (Form G-28 for USCIS, Form EOIR-28 for immigration court). USCIS says you can change attorneys or accredited representatives at any time (USCIS).

Should I file a complaint?

Filing helps protect others, and for a reopening motion it is usually required.

• State Bar of California: free to file, and you do not need to be a U.S. citizen (State Bar). Online in English, Spanish, Vietnamese, Korean, Russian or Chinese. Call 800-843-9053.
• EOIR disciplinary counsel: anyone can complain about a lawyer or accredited representative who handled an immigration court or Board case. Use Form EOIR-44 and email EOIR.Attorney.Discipline@usdoj.gov. Most complaints have no deadline. A complaint about ineffective assistance must be filed within one year after a judge or the Board finds there was ineffective assistance (Practice Manual 10.5).

For step by step help with both, see How to find a lawyer you can trust: What if things go wrong?

Can I get my money back?

You may have more than one path:

• Ask for a refund of unearned fees, in writing. The lawyer must refund what they did not earn.
• Fee arbitration through the State Bar or a local bar, if you disagree about the bill. Call 415-538-2020.
• The Client Security Fund repays losses from theft or dishonest conduct by a California lawyer, up to $100,000 for losses on or after January 1, 2009. It can cover a fee you paid in advance when the lawyer did little or no work. Usually the lawyer must have been disciplined, resigned or died, and you must have filed a State Bar complaint, though the fund can make exceptions. Apply within 4 years of finding out about the loss. It is free, and you do not need to be a citizen. It does not stop other deadlines. 213-765-1140, clientsecurityfund@calbar.ca.gov (Client Security Fund).

The fund covers California lawyers only. For a lawyer licensed only in another state, contact that state's bar.

Mistakes to avoid

• Waiting for a complaint or refund before you protect your case
• Missing a hearing because "my lawyer was handling it"
• Hiring someone from the same office as the lawyer who made the mistake, to fix it
• Paying a notario to "fix" the case
• Withdrawing an application on your own
• Handing over your only copies. Send copies, keep originals.

Questions people ask

Will my case be thrown out because my lawyer was disbarred? No. Your case continues. The court treats you as unrepresented until you have a new lawyer, and sends notices to you.

Is everything my old lawyer filed now invalid? Ask your new lawyer to review each filing and decide whether anything needs to be fixed, added or left alone.

Do I have to file a bar complaint against my old lawyer? You are not required to. But a motion to reopen based on a lawyer's mistake usually needs one, or an explanation of why you did not file.

Can I sue my old lawyer? Maybe. Ask a lawyer about a malpractice claim, and ask early.

Who can help?

These are free or low cost legal programs and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. 1861 Bay Road, East Palo Alto. For low income residents of San Mateo and Santa Clara counties. clsepa.org
• Legal Aid Society of San Mateo County: (650) 558-0915, for San Mateo County residents. legalaidsmc.org
• Bay Area Legal Aid: 1-800-551-5554. baylegal.org
• Outside the Bay Area: the DOJ list of free legal service providers, by state.
• More free help: Free or low cost immigration legal help in the Bay Area and Can I get a free lawyer for immigration court?
• State Bar of California: 800-843-9053, for complaints, the Bridge Program and the Client Security Fund.

A lawyer's failure is not the end of your story. Many cases can still be protected. Take the first step today.

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