Montez-Lopez v. Holder: Applying Eldridge To Ensure A Per Se Right To Counsel For Indigent Immigrants In Removal Proceedings

Part I of this Comment reviews the historical and current state of procedural due process and its role in Immigration Law, specifically removal proceedings. Part II extends certain legal arguments in Montes- Lopez v. Holder, which held among divided federal Circuit Courts that an immigrant in removal proceedings has a statutory and constitutional right to appointed counsel. Finally, Part III demonstrates how a non- citizen in deportation hearing has a per se right to counsel outlined by the Immigration and Nationality Act (INA) and brought to life by the Fifth Amendment’s due process clause.

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