Easier Immigration Appeals: New Rules for Ineffective Legal Counsel Claims
This Act makes it easier for immigrants to challenge immigration decisions if their previous attorney provided seriously deficient representation. It removes the current requirement to file a formal complaint with a State bar association before seeking relief based on ineffective counsel. The legislation adopts the 'Strickland v. Washington' standard, aligning the evaluation of ineffective assistance claims in immigration matters with other areas of law.
Key points
Standardization of Claims: Claims of ineffective assistance of counsel in immigration matters will now be judged by the same standard used in other criminal and civil cases (the 'Strickland' standard).
Removal of Barrier: The mandatory requirement to file a bar complaint against an attorney before seeking relief due to their error is eliminated.
Fairer Process: Simplifying the appeal procedure aims to ensure aliens receive a fuller and fairer process in removal proceedings and other immigration matters.
Retroactive Application: The new rules apply to all immigration cases or proceedings, regardless of whether they are pending, commenced, or fully adjudicated before the Act's enactment.
Expired
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