Attorney General Restores Due Process to Persons Facing Deportation

Immigrants’ List applauds Attorney General Eric Holder’s recent withdrawal of a decision issued by outgoing Attorney General Michael Mukasey just days before the end of the Bush Administration that undermined the right to due process in removal proceedings for residents and nonresidents and deprived a person facing deportation of effective assistance of counsel.  On June 3rd, Attorney General Holder vacated the Matter of Compean, and pending the outcome of a formal rulemaking process, directed the Board of Immigration Appeals and the Immigration Judges to continue to apply previously established standards for reviewing motions to reopen based on claims of ineffective assistance of counsel.  Attorney General Holder’s decision reiterated the important role of and right to competent counsel in immigration proceedings:  “I have determined that it is appropriate to reconsider the January 7, 2009 [Compean] decision. Establishing an appropriate framework for reviewing motions to reopen immigration proceedings based on claims of ineffective assistance of counsel is a matter of great importance.” Attorney General Holder also directed the administrative agency, the Executive Office for Immigration Review, to initiate formal rulemaking procedures to evaluate the framework in question and to determine what modifications should be proposed for public consideration.

We thank the dozens of Immigrants’ List supporters who took action and signed our petition to Attorney General Holder, urging him to stay and reverse Matter of Compean.

Read More