8 U.S.C. § 1362

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 1362 - Right to counsel

In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose.

8 U.S.C. § 1362

June 27, 1952, ch. 477, title II, ch. 9, §292, 66 Stat. 235; Pub. L. 104-208, div. C, title III, §§308(d)(4)(O), Sept. 30, 1996, 371, Sept. 30, 1996, 110 Stat. 3009-619, 3009-645.

EDITORIAL NOTES

AMENDMENTS1996- Pub. L. 104-208, §371(b)(9), substituted "an immigration judge" for "a special inquiry officer". Pub. L. 104-208, §308(d)(4)(O), substituted "removal" for "exclusion or deportation" in two places.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1996 AMENDMENTAmendment by section 308(d)(4)(O) of Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.Amendment by section 371(b)(9) of Pub. L. 104-208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104-208 set out as a note under section 1101 of this title.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Attorney General: The term "Attorney General" means the Attorney General of the United States.
Service: The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
immigration judge: The term "immigration judge" means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 1229a of this title. An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be employed by the Immigration and Naturalization Service.
naturalization: The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
person: The term "person" means an individual or an organization.