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Ruling Says Deportation Cases May Not Be Appealed Over Lawyer Errors

Publication Date: 
January 08, 2009
The New York Times
John Schwartz

Lecturer in Law Lucas Guttentag is quoted in The New York Times in an article about a ruling by Attorney General Michael Mukasey that illegal immigrants do not have a constitutional right to effective legal representation in deportation hearings, closing off one of the most common avenues for appealing deportation decisions:

“The law was settled until the Bush administration came in,” said Lucas Guttentag, the director of the Immigrants’ Rights Project for the American Civil Liberties Union, one of several groups that had urged Mr. Mukasey to take more time to decide the matter.


Mr. Guttentag of the A.C.L.U. said the discretion given to the immigration courts could make review by the federal courts more difficult because in such cases the immigration agency argues that its discretionary acts are not reviewable.