25 I. & N. Dec. 1 - COMPEAN’s Empirical Analysis

Citation profile

23 federal appellate · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “apply the pre Compean standards to all pending and future motions to reopen based upon ineffective assistance of counsel, regardless of when such motions were filed”

   2 later decisions quote this exact passage
   e.g. Shan Fu Cui v. Holder · Rosas Hernandez v. Holder

2. “Establishing an appropriate framework for reviewing motions to reopen immigration proceedings based on claims of ineffective assistance of counsel is a matter of great importance. I do not believe that the process used in Compean resulted in a thorough consideration of the issues involved, particularly for a decision that implemented a new, complex framework in place of a well-established and longstanding practice that had been reaffirmed by the Board in 2003 after careful consideration. The preferable administrative process for reforming the Lozada framework is one that affords all interested parties a full and fair opportunity to participate and ensures that the relevant facts and analysis are collected and evaluated. Accordingly, I direct the Acting Director of the Executive Office for Immigration Review to initiate rulemaking procedures as soon as practicable to evaluate the Lozada framework and to determine what modifications should be proposed for public consideration. After soliciting information and public comment, through publication of a proposed rule in the Federal Register, from all interested persons on a revised framework for reviewing claims of ineffective assistance of counsel in immigration proceedings, the Department of Justice may, if appropriate, proceed with the publication of a final rule.”

   1 later decision quote this exact passage
   e.g. Flowers v. Board of Professional Responsibility

3. “to continue to apply the previously established standards for reviewing motions to reopen based on claims of ineffective assistance of counsel.”

   1 later decision quote this exact passage
   e.g. Bo Wang v. Eric H. Holder, Jr.