· 7/8/2010
Leslie v. Attorney General of US
Citations
- 611 F.3d 171
- 2010 U.S. App. LEXIS 13952
- 2010 WL 2680763
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that violation of a regulation concerning the right to counsel in removal proceedings “protects a fundamental statutory or constitutional right, such that we may order a new removal proceeding without a showing of prejudice”
- holding there was no need to show prejudice where IJ failed to inform immigrant of the availability of free legal services
- explaining that the INA’s “statutory and regulatory right to counsel is also derivative of the due process right to a fundamentally fair hearing”
- reviewing de novo whether IJ's failure to comply with a regulation was grounds for a new removal hearing
- “[Noncitizens] in removal proceedings are entitled to Fifth Amendment Due Process protection, which guarantees them a fundamentally fair removal hearing.”
- “The right to counsel is a particularly important procedural safeguard because of the grave consequences of removal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ambro, Smith, Aldisert
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.