Tuesday, December 28, 2010
The L.A. Times reports on a potentially cutting edge immigration case. A U.S. district court has ruled that two mentally disabled immigrants must be given lawyers in removal proceedings. This is one of the few times that a court has ordered representation for an individual in removal proceedings.
The Immigration & Nationality Act offers a qualified right to counsel at no expense to the government. This means that indigent noncitizens in removal proceedings, unlike indigent criminal defendants in criminal prosecutions, are not guaranteed a right to counsel. Not surprisingly, unrepresented noncitizens are much more likely to be ordered deported than represented ones.
Photo Courtesy of Chinese American Heroes