Ninth Circuit Finds No Right To Attorney In Expedited Removal Proceedings

The U.S. Court of Appeals for the Ninth Circuit recently issued a ruling regarding an immigrant’s right to an attorney in the context of expedited removal proceedings. The federal government already uses expedited removal to deport millions of people with no legal status from the U.S. each year. Since taking office, Trump has issued executive orders supporting his promise to crack down on illegal immigration, in part by increasing the incidence of expedited removal hearings. In a regular removal case, immigrants who are detained have the right to a court hearing before an immigration judge and representation by a lawyer, although at their own expense. Under expedited removal proceedings, however, immigrants who are quickly caught on the U.S. side of the border without proper documentation are deported almost immediately following a brief interview with a Customs and Border Protection officer. The only exception occurs when the officer finds that the immigrant has a credible fear of returning to his or her home country; in that case, the officer refers the immigrant to an asylum officer for further review. Back in 2004, President George W. Bush limited the use of expedited removal hearings to immigrants who were detained less than 100 miles from the border within 14 days of entering the country. The Trump administration, however, could use expedited removal proceedings with respect to unauthorized immigrants found anywhere in the U.S. in the previous two years. Landerholm Immigration, A.P.C. is composed of skilled California immigration attorneys whose exclusive aim is to help you or your loved ones escape ICE detention and avoid deportation from the United States. Whether you are facing expedited or regular removal proceedings, we are here to help. We know how stressful and emotional removal proceedings can be for you and your family, particularly in terms of the uncertainty that it is likely to cause for many months and even years. As skilled deportation defense attorneys, we know what it takes to successfully defend against deportation and how to develop a winning strategy in your defense case. Call us today and learn how we can advocate on your behalf and work toward avoiding deportation in your situation.

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