This Litigation Issue Page provides information related to Matter of Compean, the Attorney General's decision overturning Matter of Lozada. In Matter of Compean, the AG says that there is no constitutional or statutory right to a remedy for ineffective assistance of counsel, but that immigration judges have discretion to reopen cases where counsel's "deficient performance" prejudiced the client.

Cases

Matter of Compean, 24 I&N Dec. 710 (A.G. 2009) filed Oct. 6, 2008 amicus brief in AG certified case

Afanwi v. Mukasey, 526 F.3d 788 (4th Cir. 2008) filed Jul. 18, 2008 amicus brief in support of rehearing

Other

Letter in support of reconsideration of Matter of Compean submitted Feb. 6, 2009

Related AILF Resources

Ineffective Assistance of Counsel Litigation Issue Page

Summary of Matter of Compean

Press Release on Matter of Compean