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June 4, 2009

Bush Rule Bolstering Deportations Is Withdrawn

Bush Rule Bolstering Deportations Is Withdrawn – NYTimes.com

Attorney General Eric H. Holder Jr. on Wednesday reversed a Bush administration ruling that had weakened the ability of immigrants facing deportation to argue that their lawyers did a bad job.

The original order, issued just days before the inauguration of President Obama, held that immigrants did not have a constitutional right to effective lawyers in their deportation hearings. That 11th-hour decision abruptly closed off one of the most common avenues for appealing deportation decisions.

Because immigration cases are classified as civil litigation, people facing deportation do not have the same right to be represented by a lawyer that criminal defendants have. But before the Bush administration, a long line of legal opinions allowed immigrants whose lawyers had performed poorly to ask that their cases be opened on constitutional grounds. In 2003, the Board of Immigration Appeals, a part of the executive branch that reviews the rulings of immigration courts, reaffirmed that right.

The Bush administration, however, successfully argued in several federal appeals court cases that there was no constitutional right to have a case reopened because of ineffective legal representation.

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  • Joel E. Wischkaemper

    We elected the people we elected to represent our views. Illegal aliens were not a subject that was discussed, but you can get a very, very clear picture of what we want in a dozen, dozen forums, or in opinion polls galor. We do not want Attorney General Eric H. Holder Jr. to make anything easier for the illegal aliens… we want him to make things much more difficult.

    Obama is having a secret meeting on immigration. Our opinions, desires and wishes are pretty clear. If he comes back and supports what we want done, fine. If he does not, we need a muscel to deal with the muscel of the thugs we have in Washington.

  • Enrique

    God I wish these pretentious narrow minded Americans would drop the “Illegal Alien” reference. They are so far disconnected from how they came to obtaining the land. Ripping off the Indians and Mexicans of it!! It’s pretty freakin pathetic… Anyway, Immigrants still make America what it is., for good or bad. I for one am glad to see the end of a lazy Unionize America is coming to an end. Thanks to the Bush administration over 2 million of these jobs went to China and not to Immigrants! Immigrants still get the shit jobs for the most part in the US. You know, picking the lettuce, tomato for bugers in your overweight, fastfood nation! ha!

  • SAM

    Enrique,
    The pretense is all yours.
    We work hard here, school ,night school,classes on weekends summer school with jobs and learn the language of the country we live in and then we work on top of that-and those who won’t don’t do those thngs will do the jobs that education and Enbglish language proficiency
    don’t require.

    I watched my divorced Mother rear 4 children work and study for another Masters degree,come home take care of us-cook,prepare 4 lunches for school,grade papers, prepare for student teachin etc-get 4 hours of sleep and get up to do it all over again.
    She was a Concert Pianist before she had us and then after the divorce-and she did all this with no government handouts or help from my Father.
    Those who choose to watch endless Spanish soap operas on Univision and Sabado Gigante -and when asked why they don’t speak more English reply with a big shrug and ‘NO PUEDO’ EES BERRY HARDT DEEE EEEEGLEESH” I have gotten that very reply in the hundreds of times by now-
    They will keep cleanning and picking fruit etc because they are making that choice!

    I actually learned Spanish to help them 20 years ago-and now they say I need to improve it!

    They thnk we should do everthing for them!

    SORRY-NO PUEDO!

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