FORT LAUDERDALE, Fla. – A Russian man trying to immigrate to the U.S. has filed a lawsuit against a Fort Lauderdale law firm, arguing it cost him an additional 19 days in detention and lost income.
Plaintiff Sergei Sharapov filed his lawsuit October 23 in U.S. District Court for the Southern District of Florida, Fort Lauderdale Division.
In his 23-page complaint, he names Samorukova & Shabetayev P.A., Irina D. Shabetayev, Elizaveta V. Samorukova, and Ilona Lapa as defendants. Samorukova & Shabetayev P.A. is a professional immigration law firm that provides support for green card and visa applications, it claims.
Sharapov’s claims stem from his representation in custody and removal proceedings before the Immigration Court, a component of the Executive Office for Immigration Review, or EOIR, of the U.S. Department of Justice.
At issue is who may represent a respondent before EOIR.
“Federal law governs that question. A respondent before EOIR may be represented by an ‘attorney,’ defined as ‘any person who is eligible to practice law in and is a member in good standing of the bar of the highest court of any State,’” the complaint states.
“Paralegals and other staff ‘are not authorized to practice before the immigration court and may not sign a submission to the immigration court.’”
Sharapov notes in his complaint that there has been a recent increase in deportation and removal cases in South Florida – and a substantial increase in notaries holding themselves out as immigration experts, and people not authorized to practice law continuing to represent immigrants.
A citizen of the Russian Federation, Sharapov filed for political asylum soon after arriving in the U.S.
However, the U.S. Immigration and Customs Enforcement held him in immigration detention in Miami-Dade County.
“In this case, the P.A. took Mr. Sharapov's fee to win his release from immigration detention on bond,” the complaint states. “The P.A. sold him a lawyer who could not practice law.”
The firm’s partner, Shabetayev, signed the retainer agreement as Sharapov’s attorney over her Florida Bar number, although she had not been eligible to practice law in Florida since February.
“No lawyer or non-lawyer from the P.A. ever spoke with Mr. Sharapov,” his suit states. “A nonlawyer, Ms. Lapa, a notary, ran his case.”
Sharapov also contends the bond papers the law firm filed in Immigration Court were templated and partly unsigned, among other issues.
“They left out or left incomplete the factors the Immigration Judge had to weigh on bond and did not establish the relief from removal on which his release depended,” the suit states.
“No one at the P.A. investigated that relief with Mr. Sharapov or, before the bond hearing, coordinated it with his removal counsel. Upon information and belief, Mr. Sharapov was not the only client the P.A. served this way.”
Sharapov alleges he retained The Feit Law Firm, or FLF, to defend him in his removal proceedings.
During intake on Oct. 9, he alleges FLF called Samorukova & Shabetayev P.A. to coordinate.
“FLF told Ms. Lapa that it would obtain Ms. Shabetayev's contact information from The Florida Bar,” Sharapov’s complaint states. “FLF then learned from The Florida Bar's records that Ms. Lapa is not a member of The Florida Bar and that Ms. Shabetayev was delinquent and not eligible to practice law.”
FLF allegedly told Sharapov and his family what it had found.
“Defendants' conduct cost Mr. Sharapov an additional 19 days in detention and lost revenue and clients and forced him to pay FLF to do the work the P.A. was paid to do and did not,” his suit states.
Sharapov is suing for damages, disgorgement of the fees Samorukova & Shabetayev P.A. took, loss of income, punitive damages and attorney fees.
Feit, in Fort Lauderdale, is representing Sharapov in the case.
