BIA Renders Important Decision About the Right to an Immigration Lawyer

On August 15, 2012, the Board of Immigration Appeals rendered a precedent decision called, Matter of C-B-, 25 I. & N. Dec. 888 (BIA 2012).  This is an important decision for aliens in removal proceedings.  This decision recognizes that aliens facing deportation have a statutory right under the Immigration and Nationality Act to have an immigration attorney.  This does not mean that you have the right to a free immigration lawyer.  It just means that if you want to hire an immigration attorney, you have the right to do so.  Because of the statutory right of aliens to have an immigration lawyer in removal proceedings, the Board held that, “[i]n order to meaningfully effectuate the statutory and regulatory privilege of legal representation where it has not been expressly waived, the Immigration Judge must grant a reasonable and realistic period of time to provide a fair opportunity for a respondent to seek, speak with, and retain counsel.”  This means that if you go to immigration court without an immigration lawyer and tell the immigration judge that you want to get an immigration lawyer, the immigration judge must give you time to find an immigration attorney.  Finding an immigration lawyer to represent you in your deportation proceedings is a very important decision.  The immigration judge should give you a reasonable amount of time to find the immigration attorney that you feel is right for you.