Case Law

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.

20 August 2019 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Legal representation / Legal aid - Rule of law / Due process / Procedural fairness - Well-founded fear of persecution | Countries: Mexico - United States of America

Application for judicial review.

9 June 2009 | Judicial Body: Canada: Federal Court | Topic(s): Cumulative grounds of persecution - Drug trafficking - Grounds for persecution - Rule of law / Due process / Procedural fairness - State protection | Countries: Canada - Mexico

Subsequently vacated by the Attorney General's decision in Matter of Compean, Bangaly & J-E-C-, 25 I&N Dec. 1 (A.G. 2009).

7 January 2009 | Judicial Body: United States Attorney-General | Topic(s): Asylum-seekers - Criminal justice - Deportation / Forcible return - Legal representation / Legal aid - Rule of law / Due process / Procedural fairness | Countries: Mali - United States of America

Application for judicial review.

27 October 2008 | Judicial Body: Canada: Federal Court | Topic(s): Appeal / Right to appeal - Right to justice - Rule of law / Due process / Procedural fairness | Countries: Canada - Mexico

Application for judicial review.

26 July 2006 | Judicial Body: Canada: Federal Court | Topic(s): Criminal justice - Non-state agents of persecution - Rule of law / Due process / Procedural fairness - Standard of proof - State protection | Countries: Canada - Mexico

Application for judicial review.

26 July 2006 | Judicial Body: Canada: Federal Court | Topic(s): Criminal justice - Non-state agents of persecution - Rule of law / Due process / Procedural fairness - Standard of proof - State protection | Countries: Canada - Mexico

27 November 2003 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Freedom of expression - Human rights activists - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Guatemala - Mexico