Holder Restores Right to Effective Counsel in Immigration Court
Attorney General Eric Holder today withdrew the controversial ruling by his predecessor that immigrants in deportation proceedings have no right to appeal an
Attorney General Eric Holder today withdrew the controversial ruling by his predecessor that immigrants in deportation proceedings have no right to appeal an adverse decision based on their lawyer’s mistakes.
The immediate effect is to restore the right to re-open a case based on a claim of ineffective assistance of counsel, but Holder also said he will “initiate a new rulemaking proceeding for regulations to govern claims of ineffective assistance of counsel in removal proceedings.”
“The integrity of immigration proceedings depends in part on the ability to assert claims of ineffective assistance of counsel, and the Department of Justice’s rulemaking in this area will be fair, it will be transparent, and it will be guided by our commitment to the rule of law,” Holder said in a statement.
As I wrote in February, just two weeks before the inauguration of President Obama, former Attorney General Michael Mukasey ruled in a case called Matter of Compean that immigrants have no right to be represented by a lawyer, and no right to appeal a ruling based on a lawyer’s mistakes.
“Neither the Constitution nor any statutory or regulatory provision,” Mukasey wrote in early January, “entitles an alien to a do-over if his initial removal proceeding is prejudiced by the mistakes of a privately retained lawyer.”
The ruling caused serious problems for immigrants who were entitled to remain in the country but had hired overburdened or simply incompetent lawyers who didn’t know the law, missed a critical deadline or failed to get their client’s full story.
Until Mukasey’s last-minute rule change, immigrants for the past 20 years had had the right to re-open a case if they could show that they were denied a fair hearing due to their lawyer’s mistakes.
Mukasey’s ruling outraged immigration lawyers struggling to represent clients who’d been mis-represented in the past. In a recent letter asking Holder to reverse the decision, the American Civil Liberties Union’s Immigrants Rights Project called the change “at odds with the vast majority of the courts of appeals and with ensuring fundamental fairness in immigration proceedings.”
Holder’s withdrawal of the decision means that for now, at least, the right to re-open a claim based on ineffective assistance of an attorney is restored.
Holder’s order, however, directs the Executive Office of Immigration Review to develop a new procedure “to evaluate the existing framework for making claims of ineffective assistance of counsel, to solicit public comment, and, if appropriate, to issue a final rule.”
In other words, the final outcome remains to be seen.
Related
EPA Administrator Addresses Concerns About Oil Spill Waste Management
At a hearing of the national oil spill commission today, Environmental Protection Agency Administrator Lisa Jackson addressed concerns about waste disposal from
EPA administrator defends allowing Florida to write its own water pollution rules
The EPA seal (Pic via sentryjournal.com) The Environmental Protection Agency has come under fire for its decision to allow the state of Florida to write its own water pollution rules (known as “numeric nutrient criteria”). EPA Regional Administrator Gwendolyn Keyes Fleming is now firing back, writing that the Agency commends the state Department of Environmental Protection for its draft of a proposed standard. A host of environmental groups filed suit in 2008, seeking to compel the EPA to implement a strict set of water pollution standards in Florida, arguing that the state was in violation of the Clean Water Act.
E-Verify Mandate Begins Today
The Obama administration today begins implementation of a new mandate to require all federal contractors to check the legal status of their employees to confirm
EPA administrator fires back at critics in op-ed
EPA Administrator Lisa Jackson (Pic by USACEpublicaffairs, via Flickr) EPA Administrator Lisa Jackson penned a new op-ed for the Los Angeles Times , criticizing House Republicans desperately seeking to undermine the authority of the agency they have dubbed a “job killer.” Arguing that the environment affects red states and blue states alike, Jackson writes that “it is time for House Republicans to stop politicizing our air and water.” As head of the Environmental Protection Agency, Jackson has faced harsh criticism from House Republicans and GOP presidential candidates who say the agency’s regulations are an undue burden on businesses that have to cut jobs simply to comply with clean water and air rules. Presidential hopeful Michele Bachmann has pledged to end the EPA if she takes office. “Since the beginning of this year, Republicans in the House have averaged roughly a vote every day the chamber has been in session to undermine the Environmental Protection Agency and our nation’s environmental laws,” writes Jackson.
EPA administrator says federal nutrient criteria is a ‘myth’
In testimony given late last week, EPA Administrator Lisa Jackson said that false accusations about her agency’s numeric nutrient criteria to govern Florida waterways are proving to be a detriment to their implementation. # Testifying before the House Agriculture Committee, Jackson said her agency’s work was often “mischaracterized” and addressed several myths surrounding its work
EPA and California Near Deal on Fuel Efficiency Standards
Two weeks ago, the Obama administration raised fuel efficiency standards by an average of two miles per gallon -- a modest change that disappointed some
EPA: BP Has 24 Hours to Find a Less Toxic Chemical Dispersant
Thought the massive quantities of oil pouring into the Gulf of Mexico were the only major threat to the country’s southeast coastal waters right now? Think
EPA announces hold on nutrient standards if Florida can come up with own criteria
The EPA announced today that it is now prepared to withdraw a portion of its proposed numeric nutrient criteria (a set of standards governing water pollution in inland waters) and delay the portion related to estuarine waters, to allow the state Department of Environmental Protection to develop its own criteria. # From a statement released by the EPA earlier today: # EPA recognizes that states have the primary role in establishing and implementing water quality standards for their waters. Therefore, EPA is prepared to withdraw the federal inland standards and delay the estuarine standards if FDEP adopts, and EPA approves, their own protective and scientifically sound numeric standards
EPA Chief Overruled Calif. Waiver, Too
The Washington Post reported in March that EPA Administrator Stephen Johnson was overruled by the White House in setting an ozone standard. Now, documents