"Expedientes Acumulados 3829-2019, 3849-2019 y 3881-2019". Appeal of this earlier decision by the constitutional court. The Court found that the signing of the "safe third country" agreement between the United States and Guatemala did not violate Guatemalan law, as the President and the Foreign Relations Minister stated they would comply with the internal legal procedure and formal steps for the agreement to become a treaty and enter into force, including approval by congress.
This case presents us with a simple question: do non-citizens subject to expedited removal under 8 U.S.C. § 1228 have a statutory right to counsel in reasonable fear proceedings before immigration judges? The answer, based on the plain language of § 1228, is yes.
Appellants’ emergency motion for a stay of the district court’s April 5, 2019 and July 2, 2019 orders pending appeal (Dkt. Entry No. 10) is granted in part and denied in part.
"Expedientes Acumulados 3829-2019, 3849-2019 y 3881-2019". Constitutional Court decision reviewing the constitutionality of the "safe third country" agreement between the United States and Guatemala. The court found, on procedural grounds, that the agreement did not comply with the treaty-making procedures in Guatemalan law. However, this was later overturned on appeal (See the appeal here.)