News Update - January 10, 2009
By Alan Lee, Esq.†‡
Attorney General’s Decision Denies Aliens’ Suits to
Reopen Based on Lawyer’s Ineffectiveness and that Aliens do
not have Constitutional Right to Representation in Removal or Deportation
Proceedings
In the waning hours of the Bush administration, his Attorney General,
Michael Mukasey, issued a decision on January 7, 2009, Matter of
Compean-Bengaly-JEC, that immigrants, asylum seekers, and all others
in removal or deportation proceedings do not have a statutory or
constitutional right to representation by a lawyer before being
ordered deported. From this decision, it follows that immigrants
and asylum seekers also do not have the right to complain or request
a new hearing when their lawyer is incompetent or fraudulent. Only
in certain extreme circumstances will cases be reopened. The Attorney
General’s decision sets a precedent for all levels of the
immigration courts. Because it is contrary to the prior operating
procedures of the courts, immigrant advocates expect this decision
to be appealed in the federal appeals court. There is also the possibility
that the Obama administration will overturn the decision but not
before many immigrants who are victims of ineffective counsel are
ordered removed.
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