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Petty Offenses, Drastic Consequences: Toward a Sixth Amendment Right to Counsel for Noncitizen Defendants Facing Deportation

" This Article considers whether Padilla v. Kentucky might have implications beyond the question of what constitutes effective assistance of counsel, and specifically, whether Padilla might provide a basis for challenging current limitations on the right to appointed counsel per se. Part...

CA9 on Right to Counsel: Montes-Lopez v. Holder

"Petitioner Mario Montes-Lopez, a native and citizen of El Salvador, petitions for review of an order of removal. Petitioner’s attorney failed to appear at a scheduled merits hearing before an Immigration Judge (“IJ”) because his license to practice law had been temporarily suspended...

When Will Gideon's Trumpet Blow in Immigration Court?

"Fifty years ago, the Supreme Court decided Gideon v. Wainwright, the landmark case that constitutionally guaranteed counsel to defendants in criminal cases in the United States. Together with the Court’s decision three years later in Miranda v. Arizona, the decision radically transformed...

The Right to Counsel in Immigration and Removal Cases: Panels

The Right to Counsel in Immigration and Removal Cases, part 1 Mark Noferi and Erin Corcoran discuss civil Gideon in the immigration context, and alternatives to a constitutional guarantee of representation. Erin Corcoran presents her work arguing that efforts to create counsel entitlements for...

Framing the Right to Counsel in Immigration Proceedings

Mark Noferi writes : "On Friday, May 30, 2014, I chaired a panel called “Framing the Right to Counsel in Immigration Proceedings” at the annual Law and Society meeting in Minneapolis. Dean Kevin Johnson was gracious enough to participate, along with UCLA’s Ingrid Eagly, Maryland’s...

Blazing a Trail: The Fight for Right to Counsel in Detention and Beyond (NILC)

NILC, March 2016 - "Imagine being locked up in jail and having to convince a judge to allow you to stay in the U.S. Losing your case will mean being separated, maybe for the rest of your life, from the people you love most. It may also mean being sent back to a place you fled because you were afraid...

CA9 on Jurisdiction: J.E. F.M v. Lynch

J.E. F.M. v. Lynch, Sept. 20, 2016 - "This interlocutory appeal requires us to answer a single question: does a district court have jurisdiction over a claim that indigent minor immigrants without counsel have a right to government-appointed counsel in removal proceedings? Our answer to this jurisdictional...

Cal. Truth Act Protects Rights of Detained Immigrants

Adolfo Flores, BuzzFeed News, Sept. 28, 2016 - "California on Wednesday became the first state to require that undocumented immigrants be told of their right to an attorney before being interviewed by federal immigration authorities while in custody. The Transparent Review of Unjust Transfers and...