United States Ninth Circuit

In a class action brought by indigent minor immigrants alleging that they have due process and statutory rights to appointed counsel at government expense in immigration proceedings, the District Court's jurisdictional determinations are: 1) affirmed as to dismissal for lack of jurisdiction of the minors' statutory claims for court-appointed counsel, where because the right-to-counsel claims 'arise from' removal proceedings, they must be raised through the administrative petition for review process pursuant to 8 U.S.C. sections1252 (b)(9) and 1252(a)(5); and 2) reversed as to the determination that the District Court had jurisdiction over the minors' constitutional claims, where the court erred in finding that an exception to the Immigration and Nationality Act's exclusive review process provided jurisdiction over the due process right-to-counsel claims.

Appellate Information

• Published 2016/09/20

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel