The role of an immigration attorney involves navigating high-stakes legal systems where a single error can alter a client’s life forever. For Los Angeles attorney Petro Richard Kostiv (State Bar Number 285859), a pattern of professional lapses has resulted in significant disciplinary action.
Effective August 29, 2025, the California Supreme Court imposed a 60-day actual suspension on Kostiv, alongside a one-year probation period, following findings of professional misconduct and gross negligence.
The Core Misconduct: Recklessness and Misrepresentation
The disciplinary proceedings (Case No. 22-O-31036) revealed several critical violations within Kostiv’s practice, which manages bicoastal offices in Los Angeles and Miami:
1. Acts of Moral Turpitude
The State Bar Court found that Kostiv committed acts involving moral turpitude. In this context, the court determined that Kostiv engaged in grossly negligent misrepresentation. Specifically, in one client matter, he incorrectly informed a client that a court hearing had been rescheduled when it had not, leading to the client’s failure to appear.
2. Failure to Perform with Competence
Kostiv was found culpable on multiple counts of failing to perform legal services with competence:
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Failure to File Essential Notices: In one case, Kostiv failed to file an EOIR-28 (Notice of Entry of Appearance) for three years, meaning the court did not have him on record as the attorney. This prevented his office from receiving critical hearing notices.
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Procedural Lapses: The court highlighted his failure to comply with Lozada requirements—the legal standard for claiming ineffective assistance of counsel—which severely hampered his clients’ ability to reopen their immigration cases.
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Missing Deadlines: He failed to file mandatory asylum applications (Form I-589) and missed court hearings entirely, leaving clients vulnerable to deportation orders.
The Sanction: California and Federal Fallout
The disciplinary consequences for Kostiv extended beyond the California State Bar:
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California Suspension: Kostiv served a 60-day actual suspension and was placed on one year of probation. During this time, he was required to pass the Multistate Professional Responsibility Examination (MPRE).
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Federal Immediate Suspension: On November 26, 2025, the Executive Office for Immigration Review (EOIR) took swift action based on the California discipline. The Board of Immigration Appeals issued an order immediately suspending Kostiv from practicing before the Immigration Courts and the Department of Homeland Security (DHS).
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Firm Management: The court noted that as the owner of a large firm, Kostiv was responsible for the “reckless” lack of oversight that led to these administrative and legal failures.
Conclusion: Accountability in Immigration Practice
The suspension of Petro Richard Kostiv underscores the absolute necessity for diligence in immigration law. Because immigration cases often involve “due process” rights, the State Bar and federal authorities maintain strict standards for attorney competence. Kostiv’s failure to monitor his cases and his misrepresentations to clients were deemed a breach of the public trust, requiring a period of removal from the practice of law to ensure future compliance.
