Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Matter of Compean

Attorney General of the United States
25 I. & N. Dec. 1 (2009)


Enrique Salas Compean (plaintiff), a native and citizen of Mexico, unlawfully entered the United States in 1989. In 2004, the federal government initiated removal proceedings against Compean. After the immigration judge ordered him removed and the Board of Immigration (BIA) affirmed the judge’s determination, Compean sought to reopen his case on the ground of ineffective assistance of counsel. Two other removal cases, Matter of Bangaly and Matter of J.E.C., were also requested to be reopened citing ineffective assistance of counsel. BIA decisions are binding on immigration judges unless modified or overruled by the Attorney General or a federal court. 8 C.F.R. § 1003.1(h). On January 7, 2009, Attorney General Mukasey denied reopening of the three cases and vacated the long-standing framework first articulated in Matter of Lozada, 19 I.& N. Dec. 637 (BIA 1988), to determine whether an alien has a constitutional right to effective assistance of counsel. Instead, Attorney General Mukasey set forth a new substantive and procedural framework even though it conflicted with the Lozada-based approach utilized by the various courts of appeal. Five months after entering office, Attorney General Eric Holder re-examined the new framework established by his predecessor.

Rule of Law


Holding and Reasoning (Holder, A.G.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 367,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case? Sign up for a FREE 7-day trial to ask it.