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108 Calif. L. Rev. 1 (2020)

handle is hein.journals/calr108 and id is 1 raw text is: California Law Review
VOL. 108                          FEBRUARY 2020                                No. 1
Copyright © 2020 by California Law Review, Inc., a California Nonprofit Corporation
Unaccompanied Minors, Statutory
Interpretation, and Due Process
Shani M. King & Nicole Silvestri Hall*
Intro du ction ........................................................................................... . .  3
I. The Enshrinement of Two Due Process Provisions ............................ 7
A .  The  Right to  Counsel ...........................................................  9
B.   The Right to a Full and Fair Hearing ................................ 13
C.   The INA Expanded Due Process Rights............................ 16
D.   The Current Litigation Landscape...................................... 17
II. Plain Text Statutory Reading Supports Appointing Counsel When
Required to Ensure a Fair Hearing.......................................... 21
A.   Supreme Court Guidance: Zadvydas and Jennings ...........21
B.   1229a(b)(4)(A) Is Unambiguous ....................................... 23
DOI: https://doi.org/10.15779/Z38SJ19R7Q.
Copyright © 2020Authors hold copyrights.
*. Shani M. King, Professor, University of Florida Levin College of Law and Director, Center
on Children and Families. J.D., Harvard Law School, B.A., Brown University, MSt, University of
Oxford; Nicole Silvestri Hall, B.A., Brown University, J.D., University of Pennsylvania. The authors
would like to thank Jennifer Chacon, Hiroshi Motomura, Ahilan Arulanantham, Bill Ong Hing, Daniel
Kanstroom, David Thronson, Stephen Kang, Laura Rosenbury, and Jaqueline BhaBha, for valuable
insight throughout the process of writing this Article. We would also like to thank the Southeastern
Association of Law Schools for choosing this paper to be presented at the 2018 SEALS annual meeting.
We would like to thank Loren Turner, Shira Megerman, Todd Venie, Otgna Dorno, Jeanne Cassin, Greg
Kochansky, Dimitri Peteves, Sean Lafferty, Rachel Purcell, and the research librarians at the University
of Florida Levin College of Law for outstanding research assistance. The authors would also like to
thank Dean Laura Rosenbury and the University of Florida Levin College of Law for their generous
support, which made this Article possible. Professor King would like to thank Martha Minow for her
kindness and unwavering support. And lastly, we would like to thank all of the individuals and
organizations who are advocating on behalf of unaccompanied minors.

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