8 U.S.C. § 1362 — Right to counsel

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 treatment of related references, see note set out under section 1551 of this title. § 1362. Right to counsel In any removal proceedings before an immi- gration judge and in any appeal proceedings be- fore the Attorney General from any such re- moval proceedings, the person concerned shall have the privilege of being represented (at no ex- pense to the Government) by such counsel, au- thorized to practice in such proceedings, as he shall choose. (June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235; Pub. L. 104–208, div. C, title III, §§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat. 3009–619, 3009–645.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–208, § 371(b)(9), substituted ‘‘an im- migration judge’’ for ‘‘a special inquiry officer’’. Pub. L. 104–208, § 308(d)(4)(O), substituted ‘‘removal’’ for ‘‘exclusion or deportation’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(d)(4)(O) of 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. Amendment by section 371(b)(9) of Pub. L. 104–208 ef- fective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, 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 treatment of related references, see note set out under section 1551 of this title. § 1363. Deposit of and interest on cash received to secure immigration bonds (a) Cash received by the Attorney General as security on an immigration bond shall be depos- ited in the Treasury of the United States in trust for the obligor on the bond, and shall bear interest payable at a rate determined by the Secretary of the Treasury, except that in no case shall the interest rate exceed 3 per centum per annum. Such interest shall accrue from date of deposit occurring after April 27, 1966, to and including date of withdrawal or date of breach of the immigration bond, whichever occurs first: Provided, That cash received by the Attorney General as security on an immigration bond, and deposited by him in the postal savings sys- tem prior to discontinuance of the system, shall accrue interest as provided in this section from the date such cash ceased to accrue interest under the system. Appropriations to the Treas- ury Department for interest on uninvested funds shall be available for payment of said interest. (b) The interest accruing on cash received by the Attorney General as security on an immi- gration bond shall be subject to the same dis- position as prescribed for the principal cash, ex- cept that interest accruing to the date of breach of the immigration bond shall be paid to the ob- ligor on the bond. (June 27, 1952, ch. 477, title II, ch. 9, § 293, as added Pub. L. 91–313, § 2, July 10, 1970, 84 Stat. 413.) Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1363a. Undercover investigation authority (a) In general With respect to any undercover investigative operation of the Service which is necessary for the detection and prosecution of crimes against the United States— (1) sums appropriated for the Service may be used for leasing space within the United States and the territories and possessions of the United States without regard to the fol- lowing provisions of law: (A) section 1341(a) of title 31, (B) section 6301(a) and (b)(1) to (3) of title 41, (C) chapter 45 of title 41,