Sunday, February 4, 2018

The Sometimes Expanding Right to Counsel in Immigration Cases

Increasingly, courts and legislatures recognize the importance of the rights to counsel in immigration cases.   New York expanded to universal representation in immigration court due to its of the New York Immigrant Family Unity Project. 

Vermont has a bill pending that would require appointment of counsel in any matter arising out of or relating to immigration status. 

Meanwhile, in the manner of two steps forward and one back, the 9th Circuit, held that children in removal proceedings have no right to counsel.  The case involved accompanied children, but the opinion denies that the child in question had a sufficient liberty interest in having counsel because of his short time in the United States.  The court noted that the Immigration Court judges' more proactive involvement in the proceedings the child is protected.  Apparently the Court failed to remember the Immigration Court judge who thought that a three year old was qualified to represent herself.

More on the juvenile immigration case may be found here.

Immigrants, Immigration, Margaret Drew | Permalink


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