This bill allows an individual to raise a claim of ineffective assistance of counsel with respect to an immigration matter, including any matter concerning a non-U.S. national ( alien under federal law) pending before the Department of Homeland Security or the Department of Justice. This claim must be based on allegations of deficient performance by the individual’s prior counsel and that the deficient performance prejudiced the immigration proceeding.
The bill applies to any immigration case or proceeding that is pending as of the date of enactment, has commenced after the date of enactment, or is fully adjudicated before the date of enactment.