Holder Set to Issue Decision on Immigrant Legal Rights

May 14, 2009 | Last updated: July 31, 2020

Attorney General Eric Holder said today that he will soon be issuing his opinion regarding whether immigrants in immigration proceedings can challenge adverse decisions that were due to mistakes made by their lawyers.

As I’ve written before, Attorney General Michael Mukasey in one of his last days in office issued an unprecedented opinion ruling that immigration judges do not have to reverse an order of detention or deportation of an immigrant, even if the order was due solely to mistakes made by the immigrant’s lawyer.

Holder promised to reconsider that opinion during his confirmation hearings, and today told the House Judiciary Committee that he has completed a new opinion on the matter and will issue it very soon.