Gadda

Gadda v. Ashcroft

Good Law
363 F.3d 861·2004 WL 720220·2004 U.S. App. LEXIS 6090
United States Court of Appeals for the Ninth CircuitApril 1, 2004Nos. 02-15113, 02-80014California5,285 words

Opinion

Lead Opinion

Beezer, J.

On July 30, 2001, the California State Bar Court (the “State Bar Court”) found that Miguel Gadda, Esq. repeatedly failed to perform legal services competently. It placed Gadda on involuntary inactive status and recommended that Gadda be disbarred.

This opinion and order relate to two ■federal proceedings resulting from the State Bar Court’s recommendation. In the first, Gadda appeals an order of the United States District Court for the Northern District of California, which denies Gadda’s motion to preliminarily enjoin the Board of Immigration Appeals (“BIA”) decision to suspend him from practice based on his suspension by the State Bar Court. Gadda v. Ashcroft, No. 02-15113. Galdda asserts that the State Bar Court cannot affect his right to practice before the BIA. The other proceeding is a disciplinary action initiated by this court after we received notice of Gadda’s suspension from practice by the State Bar Court. In re Gadda, No. 02-80014.

Gadda argues that any reciprocal discipline imposed by the BIA or by this court based on the State Bar Court’s suspension order is invalid because the Supreme Court of California lacked jurisdiction to discipline him. He claims that…

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