Generative AI tools can draft legal briefs quickly, and they can also invent cases that do not exist. On October 1, 2026, the Board of Immigration Appeals published Matter of Sethi, 30 I&N Dec. 112 (BIA 2026), its first precedent disciplining an immigration attorney in connection with artificial intelligence hallucinations.
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The holding
An attorney suspended for submitting a brief containing artificial intelligence hallucinations and making false statements to the court about his use of artificial intelligence is properly subject to reciprocal discipline. He was suspended from practice before the Board, the Immigration Courts and the Department of Homeland Security.
How the case unfolded
On June 3, 2026, the United States Court of Appeals for the Ninth Circuit suspended the attorney from practice before that court for six months, effective June 13, 2026, in a decision reported as Malkeet Lnu v. Blanche, 177 F.4th 1014 (9th Cir. 2026). On June 15, 2026, disciplinary counsel for the Executive Office for Immigration Review and for DHS filed a joint notice of intent to discipline and a petition for immediate suspension. The Board granted immediate suspension on July 1, 2026, and later imposed a six-month suspension effective June 13, 2026. The Board first issued the decision unpublished on September 15, 2026, and then designated it as precedent.
The rules that apply
Practitioners before EOIR are subject to the grounds for discipline in 8 C.F.R. § 1003.102, which include making false statements and engaging in conduct that is prejudicial to the administration of justice. Discipline imposed by a federal court or a state bar can lead to reciprocal discipline before the immigration courts, as happened here. A separate September 2026 precedent, Matter of Cuber, confirmed that the Board generally does not depart from the recommended sanction in a reciprocal discipline case when no timely answer is filed.
What clients should check
- Confirm that your representative is authorized to practice and is not currently disciplined. EOIR publishes a list of currently disciplined practitioners.
- Ask your lawyer how briefs are prepared and checked. Every case cited should be one you could find and read.
- Keep copies of everything filed in your case, so another attorney can review it quickly if needed.
- If you hire a new lawyer because of a problem with the old one, act quickly; deadlines keep running. A motion based on ineffective assistance has its own requirements, discussed in when a motion to reopen can be filed.
Why it matters for criminal immigration cases
Crimmigration cases depend on precise readings of statutes and precedents: whether an offense is an aggravated felony, whether a conviction counts, whether a bar applies. A brief built on invented citations can lose a case that should have been won, and the consequences fall on the client. Good legal analysis starts with verified sources, as described in how to do a legal analysis. If an appeal has already been lost, review what happens after a BIA appeal is denied.
Choosing counsel
Questions about fees, scope and responsibility are fair to ask at the start; see attorney fees explained and the pros and cons of hiring an attorney. Families sometimes ask whether a separate lawyer can handle a federal court case while the main lawyer handles the immigration case; hiring a separate attorney for a mandamus case explains how that division works.
Related Guides on This Site
See also Mastering BIA Appeals Your Ultimate Guide to Navigating the Process Overcoming Delays and Securing Success in 2024. See also BIA Appeal Processing Time 2024 Understanding the Delays and Solutions. See also What is the BIA Appeal Processing Time in 2024.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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