The United States Attorney General has decided that immigrants do not have a constitutional right to be represented by an attorney at a deportation hearing. In Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), U.S. Attorney General Michael B. Mukasey wrote that although an immigrant has a right to have an attorney represent her in a deportation hearing the immigrant does not have a right to have a deportation order reopened if the attorney was ineffective.
The opinion does state however that an immigrant may file a motion to reopen a deportation order if the attorney representing the immigrant was ineffective. The immigrant is required to comply with a number of requirements which must be included with the motion to reopen in order for the motion to be considered. Furthermore, the Immigration Judge or Board of Immigration Appeals may only grant the reopening of the deportation order in "extraordinary cases."
Go to Matter of Compean.pdf (108.98 kb) to download the complete opinion.
