Top Border Negotiator Predicts Stricter Changes in Immigration Bill
Many immigrants would have an easier path to challenge court decisions in deportation cases under legislation from Sen. Chris Murphy (D-Conn.) that would update the legal standard for non-citizens claiming they had ineffective lawyers, aligning the process with other U.S. judicial procedures.
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The legislation focuses on a legal precedent known as Matter of Lozada. The 1988 Board of Immigration Appeals case established a process for immigrants to reopen their deportation cases based on ineffective assistance of counsel. They must submit an affidavit, notify the attorney in question, and file a complaint against them or explain why they haven’t.
“Claims of ineffective assistance of counsel in immigration matters should be handled the same way as any other legal proceeding,” Murphy said. “This is a simple bill to bring consistency to our legal system and cut the red tape.”
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