Regarding Ineffective Assistance of Counsel In Immigration Proceedings
In a highly unusual move at the very end of the outgoing administration,Attorney General Mukasey issued the Compean decision on January 7, 2009,holding that there is no constitutional or statutory right to effective assistance ofcounsel in immigration proceedings. The Compean decision was rushed throughwithout input from many groups and individuals—such as the American BarAssociation and more than 25 partners from some of the most prestigious law firmsin the country—who sought but were denied a meaningful extension of time to filebriefs. Attorney General Mukasey’s last-minute decision overrules the agency’slongstanding position—first announced in 1988 (In re Lozada) and reaffirmed aftercareful consideration in 2003 (In re Assaad)—and renders immigration proceedingsfundamentally unfair.