Post-Conviction Relief in Immigration Law: A Valid Solution or Merely Perpetuating the Problem?

Immigration courts are underfunded and overwhelmed. Many noncitizens face challenges navigating the complex jurisprudence of immigration law, let alone successfully arguing their claims in court. As a result, the role of counsel takes on an even greater importance for noncitizens. However, no right to counsel exists for noncitizens. Many noncitizens who have built lives in America are deported due to difficulty navigating the complex field of immigration law on their own, not the merits of their claim. Post-conviction relief provides a legal avenue for noncitizens to challenge these decisions. This article explains the role of post-conviction relief, specifically claims of ineffective assistance of counsel, in addressing the due process violations present before, during, and after immigration court. Next, the article delves into the difficulties in bringing ineffective assistance of counsel claims, and whether those difficulties render those claims essentially useless. Finally, this article discusses potential reform which seeks to ensure that the judicial process is equitable, accessible, and accountable for noncitizens in immigration proceedings.