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Unpublished Paper
Montes-Lopez v. Holder: Applying Eldridge to Ensure a Per Se Right to Counsel for Indigent Immigrants in Removal Proceedings
ExpressO (2014)
  • Soulmaz Taghavi
Abstract

Part I of this Comment reviews the historical and current state of procedural due process and its role in Immigration Law, specifically removal proceedings. Part II extends certain legal arguments in the opinion of Montes-Lopez v. Holder, which held among divided federal Circuit Courts that an immigrant in removal proceedings has a statutory and constitutional right to appointed counsel. Last, Part III demonstrates how a non-citizen in deportation hearing has a per se right to counsel outlined by the Immigration and Nationality Act (INA) and brought to life by the Fifth Amendment’s due process clause.

Keywords
  • Right to counsel,
  • Fifth Amendment,
  • Procedural due process,
  • due process,
  • Immigration,
  • Ninth Circuit,
  • Eldridge,
  • Removal Proceedings
Publication Date
January 21, 2014
Citation Information
Soulmaz Taghavi. "Montes-Lopez v. Holder: Applying Eldridge to Ensure a Per Se Right to Counsel for Indigent Immigrants in Removal Proceedings" ExpressO (2014)
Available at: http://works.bepress.com/soulmaz_taghavi/1/