Noncitizens Fearing Persecution Have Right To Atty: 9th Circ.

Law360 (August 20, 2019, 8:00 PM EDT) -- A Ninth Circuit panel has found that a San Francisco immigration judge deprived a Mexican national of his statutory right to counsel during his expedited removal proceedings, issuing a unanimous order Tuesday granting the man's petition for review and ordering the case back to immigration court.

The three-judge Ninth Circuit panel granted Baldemar Zuniga's petition for review of an immigration judge's decision affirming an asylum officer's determination that Zuniga's fear of returning to Mexico is not reasonable. The panel found that the judge failed to obtain a voluntary waiver of right to counsel from Zuniga during the expedited removal proceedings....

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