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For the past 20 years a precedent has been established that an immigrant in deportation hearings, who has been represented by negligent or inattentive counsel, may move to reopen the deportation order. Just before leaving office, President Bush’s Attorney General, reversed this precedent and held that the right to counsel is only available to criminal defendants and not to immigrants.Even though an alien has a compelling case, it faces being separated from spouse and children, Attorney General, Michael Mukasey left them without remedy. This ruling is contrary to our Constitution and legal precedents under the 5th and 14th amendments. Removal actions have an unquestionably substantial impact on a person’s liberty as well as his family’s. President Obama’s new Attorney General has promised to correct this grave injustice and hopefully it will be done promptly.
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