On June 3, 2009, Attorney General Eric Holder reversed a Bush-era order that denied immigrants across the country the right to competent counsel.The Bush-era order held that immigrants placed in removal proceedings have no legal or constitutional right to attorney representation and no right to complain or seek redress if their rights were violated because of incompetent representation.Matter of Compean, 24 I&N Dec. 710 (A.G. 2009).
As a result of the reversal, immigrants again have the right to counsel and the right to competent counsel.Immigrants that have unfortunately been represented by incompetent counsel may now seek redress and reopen their cases.Attorney General Holder has directed the Acting Director of the Executive Office for Immigration Review to determine if any modifications should be proposed for public consideration to the way motions to reopen based on incompetent counsel claims are made.
Ben Johnson, the American Immigration Law Foundation’s (AILA) Executive Director said in a statement today, “We are gratified that Attorney General Holder has expressed a higher regard for the fundamental principals of due process and improving the integrity of immigration court decisions.”Likewise, Charles Kuck, AILA’s President, described the decision as “the beginning of the restoration of due process in the immigration system.”
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