Month: December 2019

Right to Counsel

The right to counsel holds true in proceedings before the Immigration Courts. The Due Process clause and the Immigration and Nationality Act afford an alien the right to counsel of his own choice at his own expense. 8 U.S.C. § 1362. Importantly, the Due Process provides the right to a fundamentally Fair Hearing. Immigration Judges …

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Categorical Approach

Previously we explained the general definition of what constitutes Crime of Moral Turpitude (CMT) under the Immigration Laws. Courts will generally employ the “Categorical Approach” to determine  whether a criminal conviction triggers deportation.  Under this approach, one compares the generic, Federal definition of the CMT with the State Specific definition of the CMT. Specifically, Courts …

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