WASHINGTON — The Obama administration on Wednesday reversed a Bush administration rule that immigrants rights groups had criticized as unfair.
Holder said he is also instructing the Justice Department to begin working on a new rule.
Charles Kuck, president of the American Immigration Lawyers Association, called the move "the beginning of the restoration of due process in the immigration system."
Kuck said that Holder's decision "recognizes we can't treat immigrants any differently than ourselves if we expect to receive the same benefits the Constitution provides."
Mukasey had issued a 33-page decision in January saying the Constitution does not entitle someone facing deportation to have a case reopened based upon shoddy work by a lawyer. Mukasey also said, however, that Justice Department officials have the discretion to reopen such cases if they choose.
Immigrant rights groups had criticized the Mukasey decision, saying such immigrants subject to deportation are particularly susceptible to fraudsters claiming to do legal work on their behalf.