Essay on The Case Of The Special Immigrant Juveniles ( Sij ) Program

1156 Words Jan 15th, 2016 null Page
Jose Padilla filed a complaint on September 8, 2015, regarding Attorney Denis P. Fleming. According to Padilla, Fleming failed to appear for his son’s immigration hearing, and ultimately the court issued an order of deportation. As a result Padilla requested a refund of the entire retainer fee, and to date Fleming has failed to comply with his request. Fleming has allegedly violated Mass.R.Prof.C. 1.1 and 1.3.
FACTS
In 2012, Jose Padilla hired Denis P. Fleming Esq., to represent his son Yeferson Padilla Herrera in removal proceedings. Padilla asserts that he paid Fleming a retainer fee of $3,500, and in turn Fleming was to file an asylum application, and investigate the possibility of applying to the Special Immigrant Juveniles (SIJ) program. On December 31, 2012, Fleming failed to appear for a scheduled hearing, and ultimately Yeferson Padilla received an order of deportation. After Fleming failed to appear Padilla claims that he asked Fleming why he was not present for the hearing, and also requested a refund of the retainer. Fleming allegedly told Padilla that he forgot about the hearing and refused to return the retainer. To date Fleming has failed to return the retainer to Padilla. As of August 27, 2015, Padilla has retained new counsel, Johanna Herrero, Esq., and the case is currently scheduled for a hearing on January 28, 2016.
RESPONDENT’S ANSWER
On October 14, 2015, Fleming responded to a page 6 letter sent by Assistant Bar Counsel Stacey Best. In his…

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