9th Circuit?!
Posted on 02/15/2017 11:19:38 AM PST by 2ndDivisionVet
The US Court of Appeals for the Ninth Circuit ruled 2-1 Tuesday that immigrants who are caught entering the US illegally have no right to legal representation in an expedited hearing.
A law passed in 1996 allows Customs and Border Protection officers to use a process of "expedited removal" to remove immigrants who are caught within 100 miles of the border without valid documentation. Immigrants who are subject to expedited removal are not given a lawyer, nor do they receive a trial. The appeals court upheld the deportation of a Mexican immigrant who was returned to his country the day after being arrested while crossing the US border in 2012, finding that his "expedited removal was not fundamentally unfair."
One judge dissented, stating he "would hold that there is a due process right to counsel during expedited removal proceedings."
Right to counsel in immigration proceedings remains a controversial topic. In September the Ninth Circuit ruled that children facing deportation proceedings may not file a class action suit to determine whether they are entitled to an attorney as a due process right. The opinion reversed in part a ruling that determined the federal courts had jurisdiction to hear the class action lawsuit on constitutional grounds. The three-judge panel ruled instead that the Immigration and Nationality Act exclusive review process applied, necessitating that each individual plaintiff file an appeal in the federal court after all deportation proceedings were exhausted.
In 2014 then-US Attorney General Eric Holder argued in a speech at the Thirty-Ninth Annual Convention of the Hispanic National Bar Association that migrant children who come across the border unaccompanied should have legal representation.
WIN!
Let the deportations begin in earnest.
WOW...9th Circuit did something right.
Maybe they are scared of another Justice asking for an en banc hearing.
That is the best legal news of the year.
President Trump needs an executive order on the topic: Make sure Border Patrol catches these criminals within 100 miles of the border, fingerprint them, deport them without a lawyer or any other delay, and send them to prison for a long time if they are EVER caught in our country again.
Nice
WOW...9th Circuit did something right.
Maybe they are scared of another Justice asking for an en banc hearing.”
Apparently the 9th Circus did not want to appear to be total fools. There is, of course, the fear of the GOP breaking up the Circus and destroying some of their livelihoods.
Looks like the ninth circuit is trying to cover it’s butt now that Congress is moving to dissolve their court in a restructure...lol.
Finally...
ping
Get on the Deportation Bus, amigo.
They need to set up tent cities to hold these people. If you move them out of the 100 mile area you have to furnish them a lawyer.
Get on the bus....and leave your US govt freebies on the curb.
Have the agents tell the illegals if they come back, they’ll spend some quality time with Agent Blonde, who is seen in the next room with a straight razor dancing to “Stuck In The Middle With You.”
9th Circuit?!
No, “due process” doesn’t include invading non-citizens.
Rawhide!
I see surplus school busses (no A/C) parked in a shady staging/collection area within 30 miles of the border... supply water bottles and PB&J sandwiches until the bus fills up and then return them to Mexico... The staging area will be a small gravel parking lot with tall chain link fencing protected by razor wire at it’s base and top. The ICE people will have a card table set up to process fingerprints and a guard shack at the gate.
Since these judges have lifetime appointments breaking up the 9th would not endanger them and actually may make life easier for them.
I am stunned by this ruling, it just has too much regard for the law to come out of the 9th.
I still believe that the 9th Circuit is mostly liberals.
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