United States v. Velez, 56 F.4th 1023 (4th Cir. 2023)
In United States v. Velez, the Fourth Circuit explored the complexities surrounding the right to legal counsel in immigration hearings.
Does the denial of a continuance to obtain legal representation in an immigration hearing violate a non-citizen's right to due process?
Under the Fifth Amendment’s due process clause, non-citizens are entitled to a fundamentally fair hearing in immigration proceedings. This includes reasonable opportunities to secure legal representation, although there is no constitutional right to government-appointed counsel in such hearings.
The Fourth Circuit held that the denial of Velez's request for a continuance to secure legal representation did violate his right to due process, given the specific circumstances of his case. The court vacated the removal order and remanded for a new hearing.
United States v. Velez is significant as it underscores the importance of due process in immigration proceedings and strengthens arguments for reform in providing legal counsel to indigent non-citizens. This case serves as a crucial reference point for law students studying immigration law and the evolving interpretation of due process rights.