Right to an Attorney in Immigration Court

Every person that has received a Notice to Appear has a right to be represented by a trustworthy and knowledgeable attorney in Immigration Court. People have a fundamental and due process right to pay for their own legal representation. This right must be upheld in practice as well as recognized legally. 

Legally, the non-citizen has the right to a fair trial, which includes the right to have an attorney represent them in immigration court. This right applies to everyone in removal proceedings, including noncitizens who are not allowed to stay and people who are in the process of being deported. It also includes the right to an official notice of legal help. This right is an essential part of the procedural due process. 

A person’s right to due process in immigration court includes getting a good lawyer and having that lawyer help the person in a good way. If the lawyer does not do this, and it results in an injury to the non-citizen that could have been prevented with good representation; then it is a due process violation. But it is your right and your job to make the right choice. If you take bad advice from someone who is not a lawyer or an immigration consultant and it hurts your case, it falls under your responsibility as the fundamental fairness of the process was not affected. 

In some cases, the fairness of an immigration court process can be affected when the detainee’s rights are not respected. In the case of the right to an attorney, an Immigration Judge may violate due process if they refuse to grant a continuance after the noncitizen’s attorney has left and the noncitizen in proceedings does not understand the problems he is facing with documents, including those in the possession of former counsel. The denial of a continuance to obtain counsel may violate statutory and regulatory right to an attorney in immigration court. 

In immigration court, it’s very important to have a good lawyer with a lot of experience. After all, you’re putting your future in this person’s hands. In immigration court, your lawyer should fight for what’s best for you and your “American Dream.” Contact a qualified immigration attorney if you are in that situation!