OFFICE OF THE ATTORNEY GENERAL
OF THE STATE OF NEW YORK

IN THE MATTER OF THE INVESTIGATION OF
ANDREW M. CUOMO, ATTORNEY GENERAL OF THE
STATE OF NEW YORK,

AOD No. 10-089

OF
MAYRA LIZ and MISION HISPANA, INC.

ASSURANCE OF DISCONTINUANCE

The Office of the Attorney General of the State of New York ("OAG"), pursuant to New
York State Executive Law § 63(12), conducted an investigation of certain policies, procedures,
and practices of Mision Hispana, Inc. ("Mision Hispana"), an entity primarily engaged in the
business of providing immigration-related services for a fee in New York State, and its owner
Mayra Liz (''Liz'').
Specifically, the OAG investigated whether Mision Hispana and Liz, in violation of New
York State Executive Law § 63(12); New York State General Business Law ("GBL") §§ 349,
350, and 460-a et seq.; New York State Judiciary Law § 478; New York State Human Rights
Law

~

296(2)(a); New York City Human Rights Law § 8-107(4); and New York City

Immigration Service Provider Law § 20-770 et seq., engaged in unlawful business practices,
including the unauthorized practice of law in New York State, by providing immigration-related
services to members of the public.
DEFI~ITIONS

I.

As used throughout this Assurance, the terms set forth below shall be defined as follows:
(a)

"Advertisement" means any written or oral communication made by or on behalf
of Mision Hispana or Liz about Mision Hispana, including, but not limited to,

 print, television, radio, and internet.
(b)

"Assurance" means this Assurance of Discontinuance.

(c)

''Customer" means any client, individual or entity that paid for immigrationrelated services offered by Mision Hispana or Liz.

(d)

"Effective Date" means the last date this Assurance is signed by any ofthe parties
hereto.

(e)

"Immigration Services" means any service provided to individuals to aid or
purporting to aid them in any immigration matter including, but not limited to, the
obtaining of a "green card," residency visa or any other document or process
relating to or affecting an individual's immigration status in the United States.

(f)

·'Mision Hispana/Liz" means Mayra Liz, Mision Hispana, and/or all of their
owners, officers, directors, managers, representatives, subsidiaries, affiliates,
employees and all individuals and agents who act on their behalf.

(g)

"Reporting Period" means all four (4) quarters in a calendar year, which are
January I through March 31, April 1 through June 30, July 1 through September
30, and October 1 through December 31.

(h)

Terms of construction:

i. "And" and "or'' shall be construed conjunctively or disjunctively as
necessary to make the meaning inclusive rather than exclusive.

ii. "All" means "any and all'' and "any" means "any and all."
iii. "Including" means without limitation.
IV.

''Day'' refers to a calendar day, not a business day.

2

 v. The singular of any word includes the plural; the plural of any word
includes the singular.
J;~INDINGS

Introduction and Background
2.

New York State residents seeking assistance in immigration matters may retain the
services of a licensed attorney or a recognized organization authorized by the United
States Board of Immigration Appeals ("BIA'') to provide such assistance. For clerical
services only, New York State residents may retain the services of non-attorneys, also
known as "immigrant assistance service providers'' ("IASPs").

3.

IASPs are regulated by N.Y. Gen. Bus. Law §§ 460-a through 460-j and, if in New York
City, IASPs are also regulated by Local Law 31, § 20-770 et seq. The law seeks to
prevent individuals from preying on immigrant communities by claiming to have legal
authorization to handle immigration matters.

As a result, IASPs are restricted to

providing solely clerical services, such as completing immigration forms based on
information provided by the immigrant customer, translating documents, and mailing
documents on behalf of customers to the required government agencies for processing.
Further, New York State ("State") and New York City ("City") Jaw requires IASPs to
comply with certain advertising guidelines, signage and surety requirements, as well as
provide customers with written contracts in both English and a language that the
customer can understand.
4.

IASPs are legally prohibited from providing any legal services, including giving legal
advice to customers on what form of immigration relief they should be seeking or what

3

 immigration forms to complete and file, or appearing in immigration court or before
officials with the United States Citizenship and Immigration Services ("USCIS").
5.

Additionally, State and City law prohibits !ASPs from charging any fees for referring a
customer to another person or entity that is qualified to provide legal immigration
services, such as an attorney or an organization accredited by the BIA. IASPs also are
prohibited from charging referral fees in the form of membership fees.

6.

In addition to the State and City requirements, Federal law regulates who may represent
immigrants in immigration court and who may appear on behalf of immigrants before
other immigration authorities such as the USCIS.

The USCIS requires that

representatives of immigrants complete and file a "Notice of Entry of Appearance as
Attorney or Representative" (Form G-28). Only attorneys and accredited representatives
of organizations recognized by the BlA as defined in 8 C.P.R. §§ 103.2 and 292.1 may
file Form G-28. An individual may obtain accreditation only through an organization
recognized by the BIA. The organization must submit documentation showing that it has
knowledge, information and experience in immigration and nationality law and
procedure. Further, the organization must certify through the application process that the
individual seeking accreditation, among other things, is a person of good moral character
and will only charge or accept a nominal fee set by the organization through which the
individual gains his or her accreditation.

Attorney General's Investigation
7.

The OAG received complaints that Mision Hispana/Liz engaged in unlawful business
practices, including but not limited to fraud, the unauthorized practice of law, and making

4

 false promises and misrepresentations to customers concerning their immigration-related
matters.
8.

The OAG issued a subpoena to Mision Hispana/Liz for documents and testimony relating
to their business practices. The OAG obtained testimony from Mision Hispana!Liz and
reviewed documents including immigration petitions, correspondence, client files,
advertisements and financial statements.

Unauthorized Practice of the Law
9.

The OAG investigation confirmed that Mision Hispana/Liz are not licensed to practice
law in the State of New York, and are not authorized or accredited to provide legal
assistance to anyone with immigration-related matters. Nonetheless, Mision Hispana/Liz
represented to customers that they were authorized to provide legal immigration
assistance.

10.

Further, Liz produced advertisements that gave the impression that she is an attorney
experienced in immigration matters, thus engaging in the unauthorized practice of law.

Violations of the New York State and New York City Immigration Services Provider .Law
11.

In violation of GBL §§ 460-a through 460-j and Judiciary Law § 478, Mision
Hispana!Liz engaged in the unauthorized practice of law by advising customers in
immigration matters. such as instructing customers on which immigration forms to
complete and file with the immigration authorities in order to obtain certain immigration
benefits and advising customers on the best course of action for their immigration
matters.

12.

Mision Hispana/Liz also engaged m fraud and illegality by misleading the public

5

 indicating that they were authorized to provide legal services when in fact Mision
Hispana!Liz were charging fees for work often being handled by non-attorneys.
I 3.

In addition, the OAG's investigation revealed that Mision Hispana/Liz failed to comply
with the requirements of providing immigration assistance services as required by the
GBL §§ 460-a et seq. and NYC Immigration Service Provider Law § 20-770 et seq.

14.

Mision Hispana/Liz repeatedly failed to provide customers with written contracts, in both
the English language and a language the customers could understand, that include
disclosures and information required by GBL § 460-b.

Specifically, the law requires

contracts to include, in both English and the language understood by the customers, an
itemization of all services to be provided, a list of fees, and language informing
customers of their right to cancel the contract within three (3) business days without any
penalties or fees.
15.

Mision Hispana/Liz also failed to display signs in their place of business, as required by
GBL § 460-c, alerting customers of their right to cancel the contract within three (3)
business days without penalty and alerting individuals that Mision Hispana!Liz is not a
law office, cannot provide legal advice, and are not authorized to represent individuals
before immigration authorities.

Mision Hispana!Liz failed to display these signs in

English and in other languages customers used as required by law.
16.

Mision Hispana!Liz also failed to include in their advertisement the language required by
GBL § 460-d, alerting customers that Mision Hispana!Liz is not a law office, cannot
provide legal advice, and are not authorized to represent individuals before immigration
authorities.

6

 17.

Mision Hispana/Liz also failed to provide customers with copies of every document filed
on their behalf with immigration authorities as required by General Business Law § 460e(7).

I 8.

Mision 1-Iispana/Liz also failed to secure a surety bond payable to the People of the State
of New York. and in an amount determinable by the income received from providing
Immigration Services, as required by General Business Law§ 460-g.

19.

Similarly, Mision Hispana/Liz failed to comply with the provisions of the New York City
immigration Service Provider Law§ 20-770 et seq., which mirror GBL 460-a et seq.
Accordingly, the OAG has concluded that there is sufficient evidence to support a claim

that Mision Hispana/Liz violated New York General Business Law § 349, New York General
Business Law § 460-a et seq., New York Judiciary Law § 478, and New York Executive Law
§ 63( 12) and 290 et seq ..

PROSPECTIVE RELIEF
WHEREAS, Executive Law§ 63(12); New York General Business Law§ 349, and 460-a

et seq., New York City Immigration Service Provider Law, New York Judiciary Law Article 15,
and New York State and New York City Civil Rights Laws, prohibit, among other things: (l)
individuals not admitted or registered as attorneys within New York State from practicing law,
including but not limited to giving legal advice; (2) individuals from providing immigration
services without the proper surety bond made out to the People of the State ofNew York and the
People of the City of New York, and signs stating the provider is not an attorney, contracts in
both the English language and a language the customers can understand; and (3) any conduct
targeting a community because of that community's alienage, ethnicity, national origin and/or

7

 citizenship status:
WHEREAS, the OAG's investigation involved reviewing documents, pursuant to
subpoena duces tecum, and obtaining testimony from Mision Hispana/Liz;
WHEREAS, Mision Hispana/Liz neither admit nor deny the OAG's Findings;
WHEREAS, the OAG is willing to accept the terms of this Assurance pursuant to New
York Executive Law § 63( 15) and to discontinue its investigation of Mision Hispana/Liz; and
WHEREAS, the parties believe that the obligations imposed by this Assurance are
prudent and appropriate;
IT IS HEREBY UNDERSTOOD AND AGREED, by and between Mision Hispana/Liz
and the OAG, as follows:

Entities Bound by Assurance
20.

This Assurance binds Mision Hispana!Liz, their principals, directors, beneficial owners,
officers, shareholders, successors, assigns, "alk!a" companies, "d/b/a'' companies, and
·any other business entities whom any such individuals may hereafter form or control.

Monetary Payment
21.

Mision Hispana!Liz shall pay a total of two hundred and fifty thousand dollars

($250,000) to the State ofNew York to resolve this investigation.
22.

Initial payment of twenty thousand dollars ($20,000) shall be made on the Effective Date
of this Assurance. Mision llispana/Liz shaH pay the balance of two hundred and thirty
thousand dollars ($230,000) in five (5) payments as follows: forty-six thousand dollars

($46,000) shall be paid within ninety (90) days of the Etlective Date; forty-six thousand
dollars ($46,000) shall be paid within one hundred and eighty days ( 180) days of the

8

 Effective Date; forty-six thousand dollars ($46,000) shall be paid within two hundred and
seventy (270) days of the Effective Date; forty-six thousand dollars ($46,000) shall be
paid within three hundred and sixty (360) days of the Effective Date; and forty-six
thousand dollars ($46,000) shall be paid within four hundred and fifty ( 450) days of the
Effective Date.
23.

All six (6) payments shall be in the form of a wire transfer, or a certified or bank check
made out to the New York State Department of Law and forwarded to the Office of
Attorney General, Civil Rights Bureau, 120 Broadway, 23rd Floor, New York, New York
10271, Attention: Alphonso B. David, Special Deputy Attorney General for Civil Rights.
Any payments and all correspondence related to this Assurance must reference AOD No.
10-089.

Confession of Judgment
24.

Liz agrees to execute an Affidavit of Confession of Judgment ("Confession of
Judgment'') (attached as Exhibit A) upon the signing of this Assurance. The Confession
of Judgment will be held in escrow and may be filed if Liz fails to make any payments,
including the final payment as set forth in Paragraph

of this Assurance.

Jf all

payments have not been made pursuant to this Assurance within fifteen (I 5) months of
the Effective Date, the OAG has the right to move to enforce the Judgment without
further notice to Liz or her counsel.

Written and Verbal Notice to Customers
25.

Within fourteen (14) days of the Effective Date, Mision Hispana/Liz shall send a letter to
all current and former customers who received immigration services from Mision

9

 Hispana/Liz. The letter should be translated into Spanish and any other language spoken
by Mision Hispana/Liz's current and former customers.

The letter shall include the

following:
(a)

a statement that the New York State Office of the Attorney General has entered
into an agreement with Mision Hispana/Liz;

(b)

a statement that Mision Hispana/Liz have agreed to stop offering and providing
immigration services effective immediately and indicating the date when the
office will be officially closed;

(c)

a statement that the customer has the right to obtain their file from Mision
Hispana/Liz (including the time and place the request for files may be made and
whether requests may be made by phone, facsimile or e-mail), or may request that
Mision Hispana/Liz, at Mision Hispana/Liz's expense, mail the files to the
customer;

(d)

a statement that immigration matters are time-sensitive and the customer should
promptly seek the assistance of an immigration attorney, an accredited
organization or other authorized immigration service provider;

(e)

a phone number where clients may contact a representative ofMision Hispana/Liz
until the dissolution of Mision Hispana is complete with questions about their
cases and any documents in connection with their files;

(f)

a notice that a monetary fund has been created to compensate customers who are
entitled to a refund of their money (attached as Exhibit B);

(g)

a notice that Mision Hispana/Liz may not refer customers to any attorneys; and

10

 (h)

an attachment of the list of BIA and pro-bono accredited organizations provided
to Mision Hispana/Liz by the OAG.

26.

Mision Hispana/Liz shall, within three (3) days of the Effective Date, forward the draft
letter as required by Paragraph 25 along with translations of the Jetter, to the OAG for
approval.

27.

Within ten (I 0) days of the Effective Date, Mision Hispana/Liz shall identifY the files of
customers who may have upcoming deadlines or pending hearing dates in their cases.
Mision Hispana/Liz shall contact these customers by phone and give notice of the
information required by Paragraph 25 followed by the written notice.

Sign age
28.

Within five (5) days of the Effective Date, Mision Hispana/Liz shall post and maintain in
a conspicuous place at each place of business a sign alerting individuals that, pursuant to
the OAG's investigation and findings, Mision Hispana/Liz are no longer providing
immigration services, and to recommend that individuals contact an accredited
organization or an immigration attorney. The sign shall be no smaller than 18" x 22" and
in 60-point type and be translated into Spanish and any other language spoken by the
customers who received immigration services from Mision Hispana/Liz.

Mision

Hispana/Liz shall submit a copy of the sign to be posted for approval to the OAG.
29.

Within five (5) days of the Effective Date, Mision Hispana/Liz shall also post a sign in
each place of business alerting customers that they may file a complaint with the OAG if
they believe they have been a victim of immigration fraud (attached as Exhibit C).

Advertising

ll

 30.

Within seven (7) days of the Effective Date, Mision Hispana/Liz shall send a notice to all
applicable communication outlets, including but not limited to, newspapers, television
and radio stations and web-based outlets, canceling any future written and/or oral
advertisements, whether in English or any other language in which Mision Hispana!Liz
advertised. Prior to mailing such notice, Mision Hispana/Liz shall submit it to the OAG
for approval.

Dissolution of Business Entity
31.

Mision Hispana/Liz shall cease and desist from operating any business which provides
immigration services to customers including, but not limited to, assisting customers in
completing required forms and affidavits for submission to the USCIS or other
government agencies.

32.

Liz shall dissolve Mision Hispana and its successors in interest, assigns, "d/b/a
companies," "alk/a companies," affiliates, and subsidiaries and submit proof of the
dissolution(s) to the OAG within sixty days (60) days of Effective Date.

33.

Liz agrees that she is permanently barred from serving as an officer, director, trustee,
manager or fundraiser of a not-for-profit entity or for-profit entity that is in the business
of providing immigration-related services in the State ofNew York.

Record-Keeping
34.

Mision Hispana/Liz shall maintain the following records during the duration of the
Assurance:
(a)

All

documents

concerning

the

letter and

other communication

Hispana/Liz have with customers as required by Paragraphs 25 and 26;

12

Mision

 (b)

All documents concerning the posting and/or recording of any sign or
advertisement affected by the provisions in Paragraphs 28-30;

(c)

All documents concerning any individual complaints related to the provision of
immigration services;

(d)

All documents concerning any complaints alleging that Mision Hispana/Liz have
engaged in unlawful practices or tailed to comply with this Assurance;

(e)

Any and all customer files that were not retrieved by the customer or were
returned by mail as undeliverable.

For the duration of this Assurance, the OAG shall have the right to request, at any time
that M ision Hispana/Liz produce, within fourteen (14) days of the request, any document
required to be maintained by Mision Hispana/Liz under this Assurance.

J>enaltics
36.

If the OAG finds evidence that Mision Hispana!Liz failed to comply with the applicable
laws or any provision of this Assurance, Mision Hispana/Liz shall pay a penalty to the
OAG of five thousand dollars ($5,000) for each instance of noncompliance, including but
not limited to, failing to cease and desist to conduct an immigration services business as
required by Paragraph 31 or send letters to customers as required by Paragraph 25 and an
additional five hundred dollars ($500.00) per day where instances of noncompliance are
not rectified.

37.

Individuals may submit complaints alleging that Mision Hispana!Liz have engaged in
unlawful conduct or failed to comply with applicable laws. If an individual brings such a
complaint directly to Mision Hispana/Liz, Mision Hispana/Liz shall forward the

13

 complaint to the OAG within two (2) days of receiving such complaint.

SCOPE OF THE ASSURANCE, JURISDICTION,
AND ENFORCEMENT PROVISIONS
38.

The OAG has agreed to the terms of this Assurance based on, among other things, the
representations made to the OAG by Mision Hispana/Liz and their counsel and OAG's
own factual investigation as set forth in Findings 2-19 above. To the extent that any'
material representations are later found to be inaccurate or misleading, this Assurance is
voidable by the OAG in its sole discretion. Unless another time period is provided with
respect to particular relief being agreed upon, this Assurance will expire three (3) years
after the Effective Date.

39.

Notwithstanding any provision of this Assurance to the contrary, the OAG may, in its
sole discretion, grant written requests for extensions of time for Mision Hispana/Liz to
comply with any provision ofthis Assurance upon a good-faith determination that Mision
Hispana/Liz has not complied with this Assurance, which non-compliance the OAG will
discuss and attempt to resolve with Mision Hispana/Liz in good-faith before making such
determination.

40.

The signatories to this Assurance warrant and represent that they are duly authorized to
execute this Assurance and that they have the authority to take all appropriate action
required or permitted to be taken pursuant to this Assurance to effectuate its terms.

41.

No representation, inducement, promise, understanding, condition, or warranty not set
forth in this Assurance has been made to or relied upon by Mision Hispana/Liz in
agreeing to this Assurance.

42.

The OAG may seek to enforce this Assurance through enforcement proceedings
14

 including a civil action in federal or state court seeking appropriate relief, such as specific
performance of the provisions of this Assurance. Pursuant to New York State Executive
Law§ 63(15), evidence ofa violation ofthe Assurance will constituteprimafacie proof
of a violation of the applicable laws in any civil action or proceeding hereafter
commenced by the OAG. In the event of a dispute among the parties regarding any issue
arising hereunder, the parties will attempt in good faith to resolve the dispute before
seeking judicial intervention.
43.

If a court of competent jurisdiction determines that Mision Hispana/Liz has breached this
Assurance, Mision Hispana/Liz shall pay to the OAG the cost, if any, of such
determination and of enforcing this Assurance, including, without limitation, legal fees,
expenses, and court costs.

44.

Any failure by the OAG to enforce this entire Assurance or any provision thereof with
respect to any deadline or any other provision herein shall not be construed as a waiver of
the OAG's right to enforce other deadlines and provisions of this Assurance.

45.

If any provision, term, or clause of this Assurance is declared illegal, unenforceable, or
ineffective in a legal forum, such provision, term, or clause shall be deemed severable,
such that all other provisions, terms, and clauses ofthis Assurance shall remain valid and
binding on the parties.

46.

This Assurance constitutes the entire agreement between Mision Hispana!Liz and the
OAG on the matters raised herein, and no other statement, promise or agreement, either
written or oral, made by either party or agents of either party that is not contained in this
Assurance shall be enforceable.

15

 47.

Nothing in this Assurance is intended to, nor shall, limit the OAG's investigatory or
compliance review powers otherwise provided by law or this Assurance.

48.

Nothing in this Assurance shall be construed to prevent any individual from pursuing any
right or remedy under the law.

49.

This Assurance may be executed in multiple counterparts, each of which shall be deemed
a duplicate original.

50.

This Assurance is final and .binding on the parties, including principals, directors,
beneficial owners, officers, shareholders, agents and representatives, successors m
interest, assigns, "d/b/a companies," "a/k/a companies," affiliates, subsidiaries, legal
representatives thereof, and any other business entities whom any such individuals may
hereafter form or control. No assignment by any party hereto shall operate to relieve
such party of its obligations herewith.

51.

Mision Hispana/Liz represents and warrants, through the signatures below, that the terms
and conditions of this Assurance are duly approved, and execution of this Assurance is
duly authorized. Mision Hispana/Liz agree not to take any action or to make or permit to
be made any public statement denying, directly or indirectly, any finding in this
Assurance or creating the impression that this Assurance is without factual basis.
Nothing in this paragraph affects Mision Hispana/Liz's (a) testimonial obligations; or (b)
right to take legal or factual positions in defense of litigation or other legal proceedings to
which the Attorney General is not a party.

52.

This Assurance may not be amended except by an instrument in writing signed on behalf
of all the parties to this Assurance.

16

 53.

This Assurance shall be binding on and inure to the benefit of the parties to this
Assurance and their respective successors and assigns, provided that no party, other than
the OAG, may assign, delegate, or otherwise transfer any of its rights or obligations
under this Assurance without the prior written consent of the OAG.

54.

Any payments and all correspondence related to this Assurance shall reference the OAG
Assurance Number AOD I 0-089.

55.

All communications and notices regarding this Assurance shall be sent by first-class mail
and, iftwenty-five (25) pages or fewer in length, by facsimile, to:
Office of the NYS Attorney General:
Elizabeth De Leon
Civil Rights Bureau
Office ofthe NYS Attorney General
120 Broadway, 23rd Floor
New York, New York 10271
Tel.
(212) 416-8250
Fax
(212) 416-8074

Attorney for Mision Hispana/Liz:
Neil B. Checkman
Ill Broadway, Suite 1305
New York, New York I 0006
Tel.
(212) 264-9940
Fax
(212) 346-4665

Any changes in the person to whom communications should be specifically directed shall
be made in advance of the change.

56.

Acceptance of this Assurance by the OAG shall not be deemed approval by the OAG of
any ofthe practices or procedures referenced herein, and Mision Hispana/Liz shall make
no representation to the contrary.

57.

The OAG finds the relief and agreements contained in this Assurance appropriate and in
the public interest. The OAG is willing to accept this Assurance pursuant to Executive
Law § 63(15), in lieu of commencing a statutory proceeding. This Assurance shall be
governed by the laws of the State of New York without regard to any conflict of law
principles.

17

 IN WITNESS TliEREOF, this Assurance is executed by the parties hereto as follows:

ANDREW M. CUOMO
By:

Atto~ State ofNew York
ALP 0

SO B. DAVID

Special Deputy Attorney General
for Civil Righ;._
By:

-..-......

fA--/1..___-

NCER }"'REEDMAN
Chief Counsel for Civil Rights

ELIZABETH DE LEON
Assistant Deputy Counselor

SANDRA ABELES
Assistant Attorney General
Civil Rights Bureau
120 Broadway
New York, New York I 0271

Au1wst

Datec1: ~ _j]_, 20 1o

Dated: July .;l., '~' 20 I 0

MIS ION HISP ANA, INQ.

Dated: July~, 2010
18

  Wad 

Neil B. Checkman
Counsel for Mayra Liz and Mision
Hispana, Inc.

 

Dated: Juiy 2010