Criminal Defense of Immigrants

A noncitizen the DHS determines is subject to a ground of removal will generally be placed in proceedings before an immigration judge unless s/he is subject to expedited or judicial removal,[238] withdraws his or her application for admission,[239] or agrees to voluntary departure prior to the proceedings.[240]  A noncitizen may be represented by counsel, at the noncitizen’s own expense, but has no right to appointed counsel.[241]  This has led to the situation in which about half of all respondents face removal proceedings without the guiding hand of counsel, resulting in many unlawful removals.  The situation of unaccompanied minors is even worse: 90% are unrepresented.  See § 15.46(B), infra.

                The Executive Office of Immigration Review, which includes the immigration courts[242] maintains an automated hotline (1-800-898-7180) that provides information regarding a noncitizen’s immigration proceeding, including scheduled hearings, decision, and appeal information, upon entry of the noncitizen’s A-number.

[238] See § 15.22, supra.

[239] See § 15.16, supra.

[240] See § 15.29, infra.

[241] INA § 239(b), 8 U.S.C. § 1229(b).

[242] See § 15.10, supra.