Appellate Practice,
9th U.S. Circuit Court of Appeals
Jan. 30, 2009
A Melting Pot of Rulings
Michael Mukasey's ruling on immigrants' rights to have access to an attorney is squarely at odds with 9th Circuit precedent.
Alana H. Rotter
Partner, Greines, Martin, Stein & Richland LLP
Phone: (310) 859-7811
Email: arotter@gmsr.com
Alana handles civil appeals and writ petitions, including on probate and anti-SLAPP issue. She is certified as an appellate specialist by the State Bar of California Board of Legal Specialization.
Jonathan M. Rotter
Partner, Glancy, Prongay & Murray LLP
Phone: (310) 201-9150
Email: jrotter@glancylaw.com
Harvard Univ Law School; Cambridge MA
Former Attorney General Michael Mukasey went out with a bang. With two weeks left in office, he issued an opinion finding that - contrary to 9th Circuit jurisprudence - aliens in removal proceedings do not have a constitutional right to effective assistance of counsel. The opinion, Matter of Compean, 24 I & N Dec. 710 (A.G. 2009), also sets new standards for discretionary ineffective assistance of counsel claims - again, standards different from those used by the 9th Circuit. ...
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