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8 U.S.C. § 1362 — Right to counsel
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_8977b00586de769c12825986
Source file: Laws/federal/codes/united-states-code/title-8/section-1362-right-to-counsel--bfe0dd8936.md
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Source location: Title 8, Chapter 12, § 1362; chapter-012-immigration-and-nationality.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Removal of criminal aliens**
(1) **In general** — The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by [section 1227(a)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/ii&num=0&edition=prelim) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by [section 1227(a)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/i&num=0&edition=prelim). Such proceedings shall be conducted in conformity with [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim) (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious removal following the end of the alien’s incarceration for the underlying sentence. Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
(2) **Implementation** — With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to [section 1226(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1226/c&num=0&edition=prelim), the Attorney General shall, to the maximum extent practicable, detain a
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1228
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Combating child trafficking at the border and ports of entry of the United States**
(1) **Policies and procedures** — In order to enhance the efforts of the United States to prevent trafficking in persons, the Secretary of Homeland Security, in conjunction with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services, shall develop policies and procedures to ensure that unaccompanied alien children in the United States are safely repatriated to their country of nationality or of last habitual residence.
(2) **Special rules for children from contiguous countries**
(A) *Determinations* — Any unaccompanied alien child who is a national or habitual resident of a country that is contiguous with the United States shall be treated in accordance with subparagraph (B), if the Secretary of Homeland Security determines, on a case-by-case basis, that—
(i) such child has not been a victim of a severe form of trafficking in persons, and there is no credible evidence that such child is at risk of being trafficked upon return to the child’s country of nationality or of last habitual residence;
(ii) such child does not have a fear of returning to the child’s country of nationality or of last habitual residence owing to a credible fear of persecution; and
(iii) the child is able to make an independent decision to withdraw the child’s application for admission to the United States.
(B) *Return* — An immigration officer who finds an unaccompanied alien child described in subparagraph (A) at a land border or port of entry of the United States and determines that such child is inadmissible under the Immigration and Nationality Act ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&n
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1232
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Federal law — U.S. Code and appendices · legal_authorities
Page 447
TITLE 8—ALIENS AND NATIONALITY
§ 1363a
(June 27, 1952, ch. 477, title II, ch. 9, § 291, 66 Stat.
234; Pub. L. 97–116, § 18(k)(1), Dec. 29, 1981, 95
Stat. 1620; Pub. L. 104–208, div. C, title III,
§ 308(d)(4)(N), (e)(1)(N), (g)(9)(A), Sept. 30, 1996,
110 Stat. 3009–618, 3009–619, 3009–624.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original,
‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.
163, known as the Immigration and Nationality Act,
which is classified principally to this chapter. For com-
plete classification of this Act to the Code, see Short
Title note set out under section 1101 of this title and
Tables.
AMENDMENTS
1996—Pub. L. 104–208, § 308(g)(9)(A), substituted ‘‘part
IV’’ for ‘‘Part V’’.
Pub. L. 104–208, § 308(e)(1)(N), substituted ‘‘removal’’
for ‘‘deportation’’.
Pub. L. 104–208, § 308(d)(4)(N), substituted ‘‘inadmis-
sible’’ for ‘‘subject to exclusion’’ in two places.
1981—Pub. L. 97–116 substituted ‘‘immigrant, special
immigrant, immediate relative, or refugee’’ for ‘‘quota
immigrant, or nonquota immigrant’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by 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.
EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97–116 effective Dec. 29, 1981,
see section 21(a) of Pub. L. 97–116, set out as a note
under section 1101 of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and tr
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1362
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