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Oltarsh & Associates, P.C. EN ESPAÑOL

LAWYER’S NEGLIGENCE AND IMMIGRANTS

Before President Bush’s term ended in November 2008, his Attorney General Mukasey, ruled that immigrants have no Constitutional right to effective legal representation in deportation proceedings. Before this preemptory ruling which was issued without public notice or hearing, an immigrant could move to reopen a case because of incompetent counsel. President Obama’s Attorney General has just reversed this ruling, holding that the integrity of the law requires that an immigrant be entitled to effective representation, and in the absence of it, may request a reopening of a deportation order. Ensuring the right of due process to immigrants in removal proceedings is a welcome change, a hopeful sign of immigration reform.
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