ABSTRACT

Aliens' Right to Counsel in Removal Proceedings: In Brief [June 20, 2014]   [open pdf - 291KB]

"The scope of aliens' right to counsel in removal proceedings is a topic of recurring congressional and public interest. This topic is complicated, in part, because the term right to counsel can refer to either (1) the right to counsel of one's own choice at one's own expense, or (2) the right of indigent persons to counsel at the government's expense. A right to counsel can also arise from multiple sources, including the Fifth and Sixth Amendments to the U.S. Constitution, the Immigration and Nationality Act (INA), other federal statutes, and federal regulations. Further, in some cases, courts have declined to recognize a 'categorical' right to counsel, applicable to all aliens in removal proceedings, but have found that individual aliens could potentially have a right to counsel on a case-by-case basis because of their specific circumstances."

Report Number:
CRS Report for Congress, R43613
Author:
Publisher:
Date:
2014-06-20
Series:
Copyright:
Public Domain
Retrieved From:
Via E-mail
Format:
pdf
Media Type:
application/pdf
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