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Greg Siskind on Immigration Law and Policy

BUSH'S ATTORNEY GENERAL ENDS DEPORTATION DEFENSE OF INCOMPETENT LEGAL REPRESENTATION

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How many more massive changes in the immigration system can this Administration impose before they're gone?

The ACLU reports on the latest blow against constitutional rights of due process:

In a radical
departure from years of legal precedent, Attorney General Michael Mukasey has
ended the practice of allowing immigrants to reopen immigration cases that they
lost because of their lawyers' mistakes or incompetence. Mukasey's order, which
is effective immediately, may lead to the deportation of innumerable immigrants
who have lost their cases due to attorney error.




"This order will have a tremendous negative impact on countless people who
will be deported simply because they had the bad luck to be represented by the
wrong immigration attorney," said American Civil Liberties Union
Immigrants' Rights Project Deputy Director Lee Gelernt. "This is a
dangerous move away from the U.S. tradition of fairness and due process. Losing
your case because your lawyer missed a deadline or made some other egregious
error can never be considered a fair process."


-----

"Days before
President-elect Obama takes office, the Bush Justice Department has taken
another step to undermine the fundamental rights of a uniquely vulnerable
group," said ACLU Immigrants' Rights Project Director Lucas Guttentag.
"This cries out for reform to preserve the core values of equality and
fairness."




The ACLU has posted a number of letters of protest from groups including the American Bar Association and the American Immigration Lawyers Association. Hopefully, the new Attorney General will review this issue as one of the first items on his agenda.

Here is the case:




Attorney General reverses Lozada case - Free Legal Forms

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Comments

  1. hmm's Avatar
    I wonder if there a "standard of care" in law similar to the one in medical professions. Namely, if an attorney does not follow some standard procedures, can he be held accountable?
  2. USC's Avatar
    The NY Times is running a story on this as well:

    http://www.nytimes.com/2009/01/09/us/09immig.html

    The Rs are well on their way to becoming a regional party. I might also note that Junior's actions have never matched his words when the issue has been immigration. Perhaps, the blame can be laid to his being "hands-off" and his henchmen having an agenda of their own. I will be charitiable and not say more on actions such as these!
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