On June 3, 2009, Attorney General Eric Holder withdrew a decision issued by outgoing Attorney General Michael Mukasey which disallowed the right of immigrants to seek redress if their rights were violated because of incompetent representation. 

Mukasey’s decision was Matter of Compean, 24 I&N Dec. 710 (A.G. 20009). It was seen by many as undermining the right to due process in removal proceedings and deprived a person facing deportation of effective assistance of counsel.

Attorney General Holder directed the Executive Office for Immigration Review to initiate formal rulemaking procedures.