DHS Seeking $255k Civil Fine Against Lawyer in Fraudulent Asylum Case

Summary

O n June 23, DHS (Dept. of Homeland Security) announced it was seeking to impose fines of $255,232 against Vinod Doddamani, an immigration lawyer operating “a nationwide practice in which he mostly represents Indian nationals”, for allegedly filing “false asylum claims on behalf of his clients”. The DHS press release is titled “ICE (immigration enforcement agency) Seeking Fine of More Than $250,000 Against Immigration Attorney for Allegedly Filing Fraudulent Asylum Claims”, and while it’s not terribly straightforward in describing how the government plans on getting its money — and doesn’t link to any charging documents — it does offer some clues. On June 22, HSI announced FIVE Notices of Intent to Fine against Attorney Vinod Doddamani, who operates a nationwide practice in which he mostly represents Indian nationals and files asylum applications on their behalf before the immigration courts. In total, there are 32 immigration cases in which ICE alleges that Doddamani prepared and filed 64 fraudulent documents. Under Biden, HSI attempted to distance itself from its sister ICE directorate, Enforcement and Removal Operations ( ERO ), which is staffed by the sorts of employees most think of as “immigration officers”, the ones who arrest, detain, and deport removable aliens. In fact, the word “immigration” only appears six times on HSI’s “Who We Are” page, each referring to its current agency or its predecessor, the “Immigration and Naturalization Service” (INS). As a result of this directive, ICE attorneys have greater authority to enforce this law, including enforcement actions against immigration attorneys who file false asylum claims in an immigration court. Congress amended section 274C of the INA in “IIRIRA” , the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, adding a new paragraph (a)(5) to that provision. That’s a sweeping definition, and one that captures most forms of asylum fraud. The respondent can then request a hearing before an administrative law judge (ALJ) within the Office of the Chief Administrative Hearing Officer ( OCAHO ), a part of DOJ’s Executive Office for Immigration Review (“EOIR”, which also supervises the immigration courts and the Board of Immigration Appeals).