9th Circ. Hears Arguments Over Migrant Kids' Right To Atty

Law360 (December 11, 2018, 6:25 PM EST) -- The full Ninth Circuit heard oral arguments Monday in a case over immigrant minors’ right to government-appointed counsel in removal proceedings, probing U.S. Department of Justice counsel over whether children as young as 2 years old would have due process absent representation.

U.S. Circuit Judge Consuelo Maria Callahan asked DOJ counsel Scott Stewart whether an appointed lawyer would ever be constitutionally required in removal proceedings involving children, either accompanied or unaccompanied, no matter their age. He said that there is no circumstance under which counsel would be required and that it is up to an immigration judge to determine whether a...

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