Immigrant Rights Groups file Petition for Rulemaking seeking appointed counsel

A group of immigrant rights organizations yesterday filed a Petition for Rulemaking, asking the Executive Office for Immigration review (EOIR) to begin rulemaking to permit Immigration Judges to appoint counsel in certain circumstances. The argument is that in some hearings, for removal proceedings to be fundamentally fair, counsel should be appointed. Assuming arguendo that there is no Fifth Amendment right to counsel, across the board, the case law would support a more limited right to counsel in certain types of cases. The Petition for Rulemaking does not address payment where counsel is appointed, although that some compensation would be appropriate. 

KJ