ABA urges full 9th Circuit to review panel’s decision on representation for unaccompanied minors
The American Bar Association filed an amicus brief last week, asking the full 9th U.S. Circuit Court of Appeals to overturn a three-judge panel’s decision and give immigrant children “meaningful access to judicial review of their various legal claims.”
In filing its brief, the ABA challenges the position that “special protections” — such as the responsibilities of immigration judges and the possibility of third-party non-lawyers acting in the interest of unrepresented children — are sufficient protection.
“In the ABA’s experience, the protections outlined by the panel do not ensure meaningful judicial review,” the brief said, explaining that the ABA for more than 35 years has “advocated for the right to counsel for immigrants and refugees.”
“It is easy to recognize that virtually all unrepresented immigrants are disadvantaged in removal proceedings due to their ignorance of legal procedure and general lack of fluency in English,” the brief said. “For unrepresented children in particular, who lack the intellectual faculties, experience and resources of adults, the deck is stacked even further against them in identifying avenues of relief, marshalling evidence, adhering to mandatory deadlines and procedures, presenting their cases in chief, refuting any government arguments and ultimately prevailing. Without a lawyer, immigrant children with legitimate claims for relief do not have a fair chance of obtaining a favorable outcome.”
The ABA amicus brief in J.E.F.M., a minor, by and through his Next Friend, Bob Ekblad, et al. v. Loretta E. Lynch, Attorney General, et al. is available here.
KJ