Attorney General Vacates Matter of Compean
On June 3, 2009, Attorney General Eric Holder 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.

Summary of Matter of Compean -- Attorney General Decision on Claims Regarding Counsel in Removal Proceedings
The following is AILF's summary of Attorney General Michael Mukasey’s decision in Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), the decision overruling Matter of Lozada, 19 I & N Dec. 637 (BIA 1988) and Matter of Assaad, 23 I & N Dec. 553 (BIA 2003).

AILF Condemns Attorney General's Last Minute Blow to Immigrants' Legal Rights
On January 7, 2009, in the waning hours of the departing Bush Administration, Attorney General Michael Mukasey attempted to unravel decades of legal precedent guaranteeing due process to people facing life-changing consequences—namely, deportation. With less than two weeks left in office, this Administration apparently could not resist the temptation to take one more stab at undermining fundamental Constitutional principles.

AILF Files Amicus Brief Urging Greater Protection Against Ineffective Assistance of Counsel (October 6, 2008)
In an alarming development, close to the end of the current administration, the Attorney General has signaled that he may eliminate immigrants' long-standing ability to protect their rights and salvage their removal case when former counsel was ineffective. Operating under the severe time restraint imposed by the AG, AILF filed an amicus brief reiterating immigrants' constitutional, statutory and regulatory right to protection against ineffective assistance of counsel. The brief also recommends that the Attorney General not change the current process for evaluating ineffective assistance claims by further restricting immigrants' ability to pursue their claims. Instead, AILF urges the Attorney General to adopt ameliorative changes through notice and comment and develop a better system for remedying simple errors to avoid needless litigation. AILA and other organizations and individuals signed on to the AILF brief. The AG certification order and the AG extension order are also available for review.

AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining”
AILF and AILA’s comment on the proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” emphasizes the need for continued federal court oversight of the use of the “affirmance without opinion” procedure; it also objects to EOIR’s proposal to allow to permanent members of the BIA issue precedent decisions. The comment was submitted on August 18, 2008.

The LAC argues in this amicus brief that the Board has the authority to consider a late appeal in unique circumstances and that the failure of a guaranteed overnight delivery service to deliver the appeal on time constitutes a “unique” circumstance justifying acceptance of the late appeal.