Opinion

C.J.L.G., a Juvenile Male v. Jefferson Sessions

  • 880 F.3d 1122
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 29, 2018
Status
Published
Author
Owens
On the bench
Callahan, Owens, Faber
Nature of suit
Agency
Cited by
7 cases
Authority
More cited than 13.5%

noting that an IJ must advise an alien of “apparent eligibility” to apply for relief from removal (quoting 8 C.F.R. § 1240.11(a)(2)

How later courts described this case

  • noting that an IJ must advise an alien of “apparent eligibility” to apply for relief from removal (quoting 8 C.F.R. § 1240.11(a)(2)
  • "the private liberty interests involved in [removal] proceedings are indisputably substantial"
  • “[M]ere threats do not compel a finding of past persecution.”

Written by the judges who cited it.

The opinion

OWENS, Circuit Judge,

concurring:

I concur in the majority opinion and its narrow scope. It holds that the Due Process Clause does not mandate government-funded counsel for C.J.L.G., an accompanied minor. The opinion does not hold, or even discuss, whether the Due Process Clause mandates counsel for unaccompanied minors. That is a different question that could lead to a different answer. See, e.g., Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18 , 31-32, 101 S.Ct. 2153 , 68 L.Ed.2d 640 (1981) (holding that whether the Due Process Clause requires the appointment of counsel is considered on a case-by-case basis); J.E.F.M. v. Lynch, 837 F.3d 1026 , 1039-41 (9th Cir. 2016) (McKeowh, J„ joined by M. Smith, J., specially concurring) (outlining unique challenges that unrepresented unaccompanied minors in immigration proceedings confront).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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