Assistance of Counsel in Removal Proceedings (II)

Syllabus

The Attorney General's decision in Matter of Compean, Bangaly & J-E-C-, 24 I. & N. Dec. 710 (Att'y Gen. 2009) Assistance of Counsel in Removal Proceedings (I), 33 Op. O.L.C. 1 (2009) (Mukasey, Att'y Gen.), is vacated. The Acting Director of the Executive Office for Immigration Review shall initiate rulemaking procedures as soon as practicable to evaluate the pre-Compean framework for reviewing claims of ineffective assistance of counsel in deportation proceedings and to determine what modifications should be proposed for public consideration. Pending the issuance of a final rule, the Board of Immigration Appeals and Immigration Judges should apply the pre-Compean standards to all pending and future motions to reopen removal proceedings based upon ineffective assistance of counsel.