Legal Commentary

A Question For Holder on Immigration

By TChris

Do immigrants have the right to effective representation at removal hearings? Eric Holder should be asked that question at his confirmation hearing, in light of this:

On Wednesday, Attorney General Michael Mukasey issued a decision stating that immigrants in removal proceedings do not have a legal right to counsel, or to effective representation.

Mukasey’s interpretation is that immigrants facing deportation cannot petition to have their cases re-opened because of the errors or incompetence of attorneys. Rather, according to the attorney general, they can throw themselves at the mercy of the DOJ’s discretion.

[More....]

Mukasey’s slap at due process follows another undemocratic maneuver. He refused to allow meaningful public commentary on his plans to revoke the long-held right to appeal a case based on ineffective counsel.

Immigration law is complicated and highly specialized. An immigrant shouldn't be kicked out of the country because his lawyer didn't understand the law. If Holder doesn't commit to reversing the DOJ stance advanced by Mukasey, he doesn't deserve the job of Attorney General.

Full post as published by TalkLeft on January 09, 2009 (boomark / email).