[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1651 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1651

 To amend the Immigration and Nationality Act to establish a right for 
 an alien to file a motion to reopen a case in removal proceedings if 
 the alien can demonstrate that counsel or a certified representative 
                    provided deficient performance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 2009

     Mr. Moran of Virginia (for himself and Ms. Lee of California) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to establish a right for 
 an alien to file a motion to reopen a case in removal proceedings if 
 the alien can demonstrate that counsel or a certified representative 
                    provided deficient performance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Justice Act''.

SEC. 2. ESTABLISHING A RIGHT FOR AN ALIEN TO REOPEN A CASE IN REMOVAL 
              PROCEEDINGS IF THE ALIEN CAN DEMONSTRATE THAT COUNSEL OR 
              A CERTIFIED REPRESENTATIVE PROVIDED DEFICIENT 
              PERFORMANCE.

    Section 240(c)(7) of the Immigration and Nationality Act (8 U.S.C. 
1229a(c)(7)) is amended as follows:
            (1) In subparagraph (A), by adding at the end the following 
        new sentence: ``A motion to reopen proceedings may be filed 
        under this section by an alien on the grounds that counsel or a 
        certified representative provided deficient performance.''.
            (2) By striking subparagraph (B) and inserting the 
        following:
                    ``(B) Contents.--
                            ``(i) In general.--The motion to reopen 
                        shall state the new facts that will be proven 
                        at a hearing to be held if the motion is 
                        granted, and shall be supported by affidavits 
                        or other evidentiary material.
                            ``(ii) Special rule for deficient 
                        performance of counsel.--A motion to reopen on 
                        the grounds that counsel or a certified 
                        representative provided deficient performance 
                        shall contain a sworn declaration describing 
                        the deficient performance in detail and stating 
                        what defense to removability or relief or 
                        protection from removal the alien would have 
                        been likely to obtain absent the deficient 
                        performance.''.
            (3) In subparagraph (C), by adding at the end the 
        following:
                            ``(v) Deficient performance of counsel.--
                        There is no time limit on the filing of a 
                        motion to reopen on the grounds that counsel or 
                        a certified representative provided deficient 
                        performance if the alien demonstrates that the 
                        alien exercised due diligence in discovering 
                        and seeking to cure counsel's alleged deficient 
                        performance.''.

SEC. 3. REGULATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General shall issue regulations to carry out the 
amendments made by this Act.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as if enacted on 
January 6, 2009.
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