Abstract
This Article will analyze whether appointed counsel and the claim of ineffective assistance of counsel warrant protection under the Fifth and Sixth Amendment. This Article will also consider whether appointing counsel to immigrants would affect the outcome of immigration proceedings. Part II, in particular, analyzes the Sixth Amendment and the labeling of removal proceedings as “civil in nature,” which would bar immigrants from obtaining government appointed counsel. Part III analyzes the Fifth Amendment and due process rights in cases related to ineffective assistance of counsel, Attorney General Mukasey’s decision in Matter of Compean and Attorney General Holder’s decision vacating Matter of Compean. Part IV analyzes a tentative right of adequate representation under the Immigration and Nationality Act and the Fundamental Fairness Doctrine, and Part V will analyze the issues in Matter of Compean.
Recommended Citation
Espinoza, Jean Pierre
(2010)
"Ineffective Assistance of Counsel in Removal Proceedings Matter of Compean and the Fundamental Fairness Doctrine,"
Florida Journal of International Law: Vol. 22:
Iss.
1, Article 3.
Available at:
https://scholarship.law.ufl.edu/fjil/vol22/iss1/3