A Falls Church immigration lawyer has been disbarred in Maryland after pleading guilty to fraud after he was caught lying about a client’s past work history.
A split state Court of Appeals upheld an earlier disbarment order against Jose Expedito Garcia, saying the public needed to be protected against his “egregiously poor judgment.”
Garcia pleaded guilty to fraud two years ago after federal immigration officials caught him after he signed a false “certification of employment” that said his client had been a caregiver in the Philippines, court records show. Garcia was sentenced to spend 10 weekends in prison and pay a $750 fine.
The client was trying to get a green card to work as a “geriatric caregiver/nurse aid” in Leesburg, court records show, but his passport showed that he had been on a boat when he was supposed to be giving care.
In asking that he not be disbarred in Maryland, where he was licensed, Garcia said in court records that he “falsely signed what he believed to be a true statement for the purpose of saving a client’s ‘once-in-a-lifetime’ opportunity to apply for a green card.”
But the Court of Appeals said it would be”fatuous” to suggest that Garcia’s actions were mitigated by the fact that he was trying to help his client and didn’t personally profit from the fraud.
Rule violations “are not justified by reference to the ends when illegal methods are utilized,” the court said.
Three of the seven appeal judges dissented with the majority opinion and said Garcia’s punishment should mirror the one-year suspension of his law license he received from the New York Supreme Court, where Garcia was also licensed.
Lawyers can practice federal immigration law in Virginia without being licensed by that state’s bar association.
As of Monday, Garcia had not been subjected to any disciplinary measures by the federal Executive Office of Immigration Review, which has the authority to discipline lawyers who practice federal immigration law, according to the office’s spokeswoman.
Garcia could not be reached for comment and his lawyer declined to discuss his current work situation. A receptionist at the law firm where he used to work — Calonge, Garcia and Associates — said he is no longer associated with the firm.
