The Board of Immigration Appeals (BIA) has suspended immigration attorney Mike Singh Sethi from practicing law for six months due to misconduct involving artificial intelligence (AI). This decision, made on October 1, 2026, follows a similar suspension imposed by the Ninth Circuit Court of Appeals. The ruling affects Sethi's ability to represent clients in immigration cases before the BIA, Immigration Courts, and the Department of Homeland Security (DHS).
The BIA's suspension stems from Sethi's submission of a brief that included inaccuracies attributed to AI, alongside false statements regarding his use of the technology. This case highlights the growing scrutiny of AI's role in legal practices and the responsibilities of attorneys to ensure the accuracy of their submissions.
Background
Mike Singh Sethi is an attorney who faced disciplinary action after the Ninth Circuit suspended him for six months for professional misconduct. The Ninth Circuit found that Sethi had submitted legal documents containing fabricated citations and misrepresented the content of legal authorities. The court's decision was based on findings that he knowingly provided false statements about the use of AI in his filings.
The disciplinary actions against Sethi began when the Ninth Circuit issued its suspension on June 3, 2026. Following this, both the Executive Office for Immigration Review (EOIR) and the DHS filed a Joint Notice of Intent to Discipline against him. They argued that his misconduct warranted reciprocal discipline, leading to the BIA's decision to suspend him from practicing law.
The Ruling
The BIA ruled that Sethi would be suspended from practicing before the Board, Immigration Courts, and DHS for six months, effective June 13, 2026. In their opinion, the judges stated, "The respondent has not established good cause for setting aside the immediate suspension order or that it would be in the interest of justice to do so." This ruling was made by a panel of judges, including Appellate Immigration Judges Mullane and Creppy, along with Temporary Appellate Immigration Judge White.
The BIA found that Sethi's arguments for setting aside the suspension were unpersuasive. They noted that the regulations required immediate suspension upon confirmation of a prior suspension by another court. The BIA emphasized that Sethi's continued practice posed a risk to the public due to the nature of his misconduct, which involved knowingly submitting false information to the court.
Impact
This ruling sets a significant precedent regarding the use of AI in legal practices. It underscores the responsibility of attorneys to ensure the accuracy of their filings, regardless of the tools they use. The BIA's decision to impose reciprocal discipline following the Ninth Circuit's ruling indicates a strict approach to attorney misconduct, particularly in cases involving deception.
Furthermore, this case may have broader implications for other attorneys who utilize AI in their work. It raises questions about the ethical use of technology in legal practices and the potential consequences of relying on AI-generated content without proper verification. As AI continues to evolve, legal professionals may need to adapt their practices to comply with ethical standards and avoid similar disciplinary actions.
What's Next
Sethi has the option to appeal the BIA's decision or seek reinstatement after the suspension period. He may petition the BIA for reinstatement under specific regulations once he has served his suspension. The outcome of this case may also influence future disciplinary actions involving the use of AI by attorneys.