The non-citizen petitioner claimed a right to be represented by an attorney in “reasonable fear” review by an immigration judge under 8 C.F.R. § 1208.31 and that the immigration judge violated that right by proceeding in that review without obtaining a valid waiver of that right.
The court ruled that the statutory right to counsel provided to non-citizens in removal proceedings initiated under 8 U.S.C. § 1228 applies to the related “reasonable fear” review by an immigration judge; given the government’s acknowledgement the immigration judge failed to obtain a valid waiver of that right to counsel, the court held that the non-citizen was deprived of that right and is entitled to a new “reasonable fear” review hearing.