Claims of ineffective assistance of counsel in immigration matters

(a) In general Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end the following: 295. Claims of ineffective assistance of counsel (a) In general With respect to any immigration matter, an alien may raise a claim of ineffective assistance of counsel based on a claim that— (1) the performance of the alien's prior counsel with respect to such immigration matter was deficient; and (2) such deficient performance prejudiced the immigration proceeding. (b) Definitions In this section: (1) Immigration matter The term immigration matter means, any stage of an exclusion, deportation, or removal proceeding, including a collateral matter, a motion to reopen or reconsider, and any matter concerning an alien pending before the Secretary of Homeland Security or the Attorney General. (2) Prejudice The term prejudice means, with respect to counsel of an alien, the errors of such counsel were so serious as to deprive the alien of a fair immigration proceeding.. (b) Clerical amendment The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 294 the following: Sec. 295. Claims of ineffective assistance of counsel.. (c) Effective date The amendment made by this section shall apply with respect to any immigration case or proceeding regardless of whether such case or proceeding is— (1) pending as of the date of the enactment of this Act; (2) commenced after such date of enactment; or (3) fully adjudicated before such date of enactment.