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Prisoners In The Face Of Gladiators: Providing A Sword And Shield To Aliens In Removal Proceedings Through Court-Appointed Counsel, Kevin Gardner
Prisoners In The Face Of Gladiators: Providing A Sword And Shield To Aliens In Removal Proceedings Through Court-Appointed Counsel, Kevin Gardner
Akron Law Review
To an outside observer, immigration courts may appear identical to criminal courts. However, there is one critical distinction. In criminal court, defendants have a well-established right to court-appointed counsel if they cannot afford a lawyer. But there is no such right for aliens with removal orders. If they cannot afford an attorney, or if they do not have the good fortune to find a pro bono attorney, they must fight their case alone against an experienced government attorney. This is troubling because the consequences of an unjust removal order can be horrific: loss of employment, permanent separation from loved ones, …
Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner
Splitting The Baby: Immigration, Family Law, And The Problem Of The Single Deportable Parent, Timothy E. Yahner
Akron Law Review
The purpose of this article is not to suggest that the Fifth Circuit was wrong in upholding the dismissal of Monica’s case. Indeed, the court was faced with a dilemma that would give King Solomon pause: what to do when two parents claim one child. This article’s purpose is to show that a regulatory solution is preferable to forcing the courts to make impossible choices between parents. Part II discusses the factual and procedural history of Castro. Part III details the policies and rules of law of immigration and custody at play in the case. Part IV explains why the …