Case Law

This case presents us with a simple question: do non-citizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on the plain language of § 1228, is yes.

20 August 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Legal representation / Legal aid - Rule of law / Due process / Procedural fairness - Well-founded fear of persecution | Countries: Mexico - United States of America

The Attorney General vacated the decision in Matter of Compean, Bangaly & J-E-C-, 24 I&N Dec. 710 (A.G. 2009), and pending the outcome of a rulemaking process, directed the Board of Immigration Appeals and the Immigration Judges to continue to apply the previously established standards for reviewing motions to reopen based on claims of ineffective assistance of counsel.

3 June 2009 | Judicial Body: United States Attorney-General | Topic(s): Deportation / Forcible return - Legal representation / Legal aid | Countries: Mali - United States of America

Subsequently vacated by the Attorney General's decision in Matter of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009).

7 January 2009 | Judicial Body: United States Attorney-General | Topic(s): Asylum-seekers - Criminal justice - Deportation / Forcible return - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness | Countries: Mali - United States of America