ACLU Talking Points on Attorney General Mukasey's Compean Decision

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 of counsel in immigration proceedings. The Compean decision was rushed through without input from many groups and individuals—such as the American Bar Association and more than 25 partners from some of the most prestigious law firms in the country—who sought but were denied a meaningful extension of time to file briefs. Attorney General Mukasey’s last-minute decision overrules the agency’s longstanding position—first announced in 1988 (In re Lozada) and reaffirmed after careful consideration in 2003 (In re Assaad)—and renders immigration proceedings fundamentally unfair.