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Ianus

06-03-2009 03:36 PM

Attorney General Reverses Bush Immigration Order

Attorney General Eric Holder has reversed a decision by the former A.G. Mukasey who dictated those whom are with deportation orders cannot appeal due to ineffective counsel.

Quote:

Attorney General Eric Holder reversed an immigration order issued in the last days of the Bush administration that limited the ability of immigrants facing deportation to raise claims that their lawyers were incompetent.

Holder’s order turns back the clock to the longstanding practice before Jan. 7 when immigrants facing deportation could assert that their lawyers were inept. According to Holder, the order from then-Attorney General Michael Mukasey was done “without the full range of public input” that should have been used.

Holder is ordering a new public rule-making process “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.”

The Mukasey order came under criticism from Latino and immigration-advocacy organizations. The Hispanic National Bar Association called on the incoming administration of President Barack Obama to reverse the ruling, saying it if allowed to stand “even immigrants who have been prejudiced by their attorney’s ineffective or fraudulent representation do not have the right to have their cases reconsidered.”

Holder said in a statement that “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.”

Alex	06-03-2009 04:27 PM

Re: Attorney General Reverses Bush Immigration Order

omggggg yes!!!!!!... this is what my family and I are doing right now. petition to re-open our case because of our lawyer's mistakes. some of you may say "oh you just trying to win your case no matter what"... I used to be only 12 years old when my parents retained our old attorney. They were very desperate to find someone that would give them good news. They paid w/e money the guy asked...

we got our immigration trial date back in 2006, we were never notified of the hearing date. (all paperwork goes to the attorney's office)... and so we missed it. couple of months later we got issued a notice for failure to appear.... thus putting me and my family into removal proceedings.

my parents never knew what happen... they never got under anyone's skin even if the job was not done well. I was too young to get involved with it and help them out.

all i know is that when someone is in a desperate situation, they would believe anyone and will pay anything to anyone that says "hey, i have good expectations to win your asylum case"...

one can say "oh its a private attorney, your responsible for what he does, YOU hired him"... yea i did hire him, but im not the one that gave him hes license.

many undocumented got abused by attorneys who offered false hopes for money. Mr.Holder understands that; and so does the federal court of appeals.

DamianLeon

06-03-2009 04:29 PM

Re: Attorney General Reverses Bush Immigration Order

Hope this helps you

Ianus

06-03-2009 04:43 PM

Re: Attorney General Reverses Bush Immigration Order

I'm glad this helps Alex,Here is what it says at the official Department of Justice website.

Quote:

Attorney General Eric Holder today vacated the order issued in Matter of Compean by Attorney General Mukasey in January and announced his intention to 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. "It is important that the American people have the opportunity to participate in formulating our procedures in this area, and this new process will ensure they do."

On January 7, Attorney General Mukasey issued an order in Matter of Compean overturning Board of Immigration Appeals precedent and procedures governing assistance of counsel in removal proceedings. The order limited non-citizens’ ability to make claims of ineffective assistance of counsel in immigration proceedings, and it did so without the full range of public input that a notice and comment rulemaking would have provided.

In the order issued today, Attorney General Holder directs the Executive Office of Immigration Review to initiate rulemaking procedures as soon as practicable 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.

By vacating the previous order, Attorney General Holder restores the procedures governing removal proceedings to those in place before the issuance of Attorney General Mukasey’s order. A copy of the Attorney General’s order is attached.

Godspeed.

Alex	06-03-2009 05:02 PM

Re: Attorney General Reverses Bush Immigration Order

thanx Ianus, I don't think that this will help me, but I like to believe that it does; just to give me courage to go through the next day... hope is the last thing that dies...

i just wished that Obama halts deportations and raids for now. because right now the message hes giving is "we agree that the system, legally and illegally; is not fair and broken.. BUT we will continue to enforce that same law we want to change"... losing people everyday, and no1 gives a F**k about it.

Obama needs to grow a pair of nuts... hes the president for God's sake...

not only with immigration, but with other issues as well, hes flip-flopping on the promises he made on the campaign... i guess the big boy life got to him.

"the Dream act is something that we should pass immediately"... herd it all before.

Mona Lisa

06-03-2009 05:06 PM

Re: Attorney General Reverses Bush Immigration Order

Quote:

Originally Posted by Alex (Post 132190)

Obama needs to grow a pair of nuts... hes the president for God's sake...

not only with immigration, but with other issues as well, hes flip-flopping on the promises he made on the campaign... i guess the big boy life got to him.

"the Dream act is something that we should pass immediately"... herd it all before.

I agree

DaLastHope

06-03-2009 07:11 PM

Re: Attorney General Reverses Bush Immigration Order

Some of these attorney need to be held accountable for their incompetence. Because some of them take advantage of hard working immigrants for years, having them pay for everything, getting their hope's up and letting them down

angeleno

06-03-2009 07:12 PM

Re: Attorney General Reverses Bush Immigration Order

Another reason why Michael Mukasey should be prosecuted by Spain.

Alex, see. You might have a few more years to wait, after all. I really hope this applies to you when it's all said and done.

DreamBaybeh

06-03-2009 07:55 PM

Re: Attorney General Reverses Bush Immigration Order

Eh, you know when they're campaigning they make a lot of promises. We can't expect them to fulfill every single one.

Alex	06-03-2009 09:20 PM

Re: Attorney General Reverses Bush Immigration Order

Quote:

Originally Posted by DreamBaybeh (Post 132215)

Eh, you know when they're campaigning they make a lot of promises. We can't expect them to fulfill every single one.

i know Nailin Palin, but i believed that Obama would be different.

these attorneys charge people $2,000 to fill out an employment authorization form... when in fact; the applicant can fill the application all by themselves...
i know its a business and they gotta eat too, but when they do their job, be more careful about what you do; family lives are destroyed because of your work... but only money money money... you pay $200 consultation fee just to hear the same b.s you already know... "oh im sorry i cant help you, now that would be $200 cash"...

for some good people i came up upon, they didn't ask me for a penny; b/c they said "i cant help you, there's no reason for me to charge you that much"... God bless all the ones, Americans or otherwise; that have helped our cause.

S.Aran

06-03-2009 09:23 PM

Re: Attorney General Reverses Bush Immigration Order

This could apply to me as well (I hope)
My lawyer "recommended" to not renew our Visa because we she was 100% sure we would get our stuff approved once she mailed it. Guess what, she mailed it out late and our case was closed for lack of "proof"/documentation. Appeals were filed and USCIS refused to reopen our case, so even though I could have gotten my papers thanks to my GREAT lawyer now I am in a permanent limbo =\

Like Alex says, anyone could say "you should have renewed your Visa any ways to be sure" but guess what Im not the expert here, moreover, Im not the one who has thousands upon thousands of dollars to cover fees for an entire family. My family just went for the advice that was given to them.

My uncle on the other hand had the same EXACT case, and once we found ourselves in limbo we warned him and he managed to put it together and renenw his visa (again identical case) and guess what: he got his papers because he went against lawyer advice and learned from our mistake.

Let me know if this does help you Alex, Im doing some research on this as well. Best of luck to you.

Alex	06-03-2009 10:06 PM

Re: Attorney General Reverses Bush Immigration Order

my attorney filed for our motion to re-open; late. and let me tell you one thing, immigration HATES it when you file things late and they HATE it when you don't comply with the processing guidelines.

they take it as an insult if you file late... because the truth is that they are doing YOU a favor for trying to read your petition to re-open your case. its like begging a best friend to find you a job, and once they find it; you go late the first day.

i hope this help you... right now i have a catholic Migration lawyer here in NY. they are free of charge. plus they care about helping people; they are on top of things all the time. I WISH i knew about them earlier.

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