Economy

Court Says Undocumented Youth Not Entitled To Government-Paid Attorney

Court Says Undocumented Youth Not Entitled To Government-Paid Attorney”

The plaintiffs said numerous thousands of children the government seeks to deport each year appear before judges without a lawyer because they can't afford one or find one to take their cases for free. He had no lawyer when he asked an immigration judge to grant him asylum. The court ruling would allow the government "to pit trained prosecutors against children fleeing persecution", he said.

The youth said he and his family were given death threats and he was threatened at gunpoint when he refused to join the Mara gang.

Immigrant rights advocates have criticized the US government for conducting deportation proceedings against very young children, without lawyers for the immigrant present.

An immigration judge told the boy's mother he had a right to an attorney, but she said she did not have money, according to the court ruling.

According to court documents, the judge gave the mother several opportunities to make her case without an attorney, which she attempted to do, including filing legal paperwork in English, which she did not speak.

The boy sought a free court-appointed attorney for himself and other immigrant children who face deportation hearings. However, immigrants fighting deportation generally do not have a similar constitutional right. An appeals panel can send cases back to immigration judges if they fail to perform that duty.

The judges also said the city's warning requirements were misleading and deceptive by exclusively focusing on sugar-sweetened beverages and not the advertisement of other products with equal or greater amounts of added sugar. Thus, consistent with the prevailing rule that a litigant must show prejudice to vindicate a due process violation, C.J. must show both that his constitutional rights were violated for lack of court-appointed counsel and that this prejudiced the outcome of his removal proceeding.

A three-judge Ninth Circuit panel ruled in favor of the American Beverage Association, the California Retailers Association, and the California State Outdoor Advertising Association this past September, finding San Francisco's 2015 ordinance requiring warning labels on outdoor soda ads "unduly burdened and chilled protected speech".

"That is a different question that could lead to a different answer", he wrote.



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