Putting TRAC to Work
  Legal and Scholarly
United States Court of Appeals for the Ninth Circuit
January 29, 2018

On Petition for Review of an Order of the Board of Immigration Appeals
By C.J.L.G., A Juvenile Male, Petitioner, v. Jefferson B. Sessions, II, Attorney General


C.J. insists that he cannot be assured a full and fair hearing without legal representation. He notes that asylum law is extremely complex, and has proved vexing even to the courts of appeals, spawning "inter-circuit disagreement" over, for example, how to make social group determinations. A minor could not reasonably know that he must demonstrate that the Maras targeted him based on some protected social group status. C.J. also cites government data from 2014 showing that only 10% of unrepresented children were permitted to remain in the United States, whereas 47% of represented children were awarded relief in their immigration proceedings. Finally, C.J. argues that the asymmetry of representation between the government-which is always represented by counsel-and unrepresented minor renders the proceedings inherently unfair.


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