I 
111TH CONGRESS 
1ST SESSION H. R. 1651 
To amend the Immigration and Nationality Act to establish a right for 
an alien to file a motion to reopen a case in removal proceedings if 
the alien can demonstrate that counsel or a certified representative pro-
vided deficient performance. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2009 
Mr. MORAN of Virginia (for himself and Ms. LEE of California) introduced 
the following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to establish 
a right for an alien to file a motion to reopen a case 
in removal proceedings if the alien can demonstrate that 
counsel or a certified representative provided deficient 
performance. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Justice Act’’. 
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SEC. 2. ESTABLISHING A RIGHT FOR AN ALIEN TO REOPEN 
A CASE IN REMOVAL PROCEEDINGS IF THE 
ALIEN CAN DEMONSTRATE THAT COUNSEL 
OR A CERTIFIED REPRESENTATIVE PRO-
VIDED DEFICIENT PERFORMANCE. 
Section 240(c)(7) of the Immigration and Nationality 
Act (8 U.S.C. 1229a(c)(7)) is amended as follows: 
(1) In subparagraph (A), by adding at the end 
the following new sentence: ‘‘A motion to reopen 
proceedings may be filed under this section by an 
alien on the grounds that counsel or a certified rep-
resentative provided deficient performance.’’. 
(2) By striking subparagraph (B) and inserting 
the following: 
‘‘(B) CONTENTS.— 
‘‘(i) IN GENERAL.—The motion to re-
open shall state the new facts that will be 
proven at a hearing to be held if the mo-
tion is granted, and shall be supported by 
affidavits or other evidentiary material. 
‘‘(ii) SPECIAL RULE FOR DEFICIENT 
PERFORMANCE OF COUNSEL.—A motion to 
reopen on the grounds that counsel or a 
certified representative provided deficient 
performance shall contain a sworn declara-
tion describing the deficient performance 
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in detail and stating what defense to re-
movability or relief or protection from re-
moval the alien would have been likely to 
obtain absent the deficient performance.’’. 
(3) In subparagraph (C), by adding at the end 
the following: 
‘‘(v) DEFICIENT
PERFORMANCE
OF 
COUNSEL.—There is no time limit on the 
filing of a motion to reopen on the grounds 
that counsel or a certified representative 
provided deficient performance if the alien 
demonstrates that the alien exercised due 
diligence in discovering and seeking to cure 
counsel’s alleged deficient performance.’’. 
SEC. 3. REGULATIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Attorney General shall issue regula-
tions to carry out the amendments made by this Act. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
as if enacted on January 6, 2009. 
Æ 
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