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39 T. Marshall L. Rev. 245 (2013-2014)
Montes-Lopez v. Holder: Applying Eldridge to Ensure a Per Se Right to Counsel for Indigent Immigrants in Removal Proceedings

handle is hein.journals/thurlr39 and id is 261 raw text is: MONTES-LOPEZ V HOLDER: APPLYING ELDRIDGE TO ENSURE A PER SE RIGHT TO COUNSEL FOR INDIGENT IMMIGRANTS IN REMOVAL PROCEEDINGS SOULMAZ TAGHAVI ABSTRACT Part I of this Comment reviews the historical and current state of procedural due process and its role in Immigration Law, specifically removal proceedings. Part II extends certain legal arguments in Montes- Lopez v. Holder, which held among divided federal Circuit Courts that an immigrant in removal proceedings has a statutory and constitutional right to appointed counsel. Finally, Part III demonstrates how a non- citizen in deportation hearing has a per se right to counsel outlined by the Immigration and Nationality Act (INA) and brought to life by the Fifth Amendment's due process clause. INTRODUCTION Miguel is a citizen and national of Honduras. He dreamed of being a professional soccer player even though he knew his odds were quite long. Miguel stayed out of trouble, studied hard in school, and was devoutly religious. When he turned thirteen, it was not long until his age, gender, and nature of his character made him a target for a gang called Mara Salvatrucha, more commonly known as MS-13. When Miguel resisted their overtures to join the gang, local MS-13 members became violent. Terrorizing the young boy's weekly soccer matches, gang members eventually shot and killed numerous playmates including Miguel's brother and best friend before his very eyes. The gang continued to threaten Miguel's life regularly. Fearful for his life, Miguel entered the United States and eventually made his way to North Carolina. Miguel was enrolled in school and when he turned sixteen, transportation became problematic. He discovered he needed a driver's license. People in his community told Miguel he should visit an attorney and seek help. Upon doing so, Miguel found out just how vulnerable he was to being deported back to Honduras. Further, he discovered that without a legal status he could not drive, work, or possibly apply for federal loans to attend college one day. Without legal assistance,

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