§ 1362. Right to counsel

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1952
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1362
June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235
1996
Pub. L. 104–208 § 371(b)(9) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1362
Pub. L. 104–208, § 371(b)(9), substituted “an immigration judge” for “a special inquiry officer”
Source evidence
Code amendment note
Pub. L. 104–208, § 371(b)(9), substituted “an immigration judge” for “a special inquiry officer”.
Enacted provision · exact public law section
(9) Section 292 (8 U.S.C. 1362).
Effective date note
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 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.
1996
Department of Education Appropriations Act, 1997
Pub. L. 104–208 § 308(d)(4)(O) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1362
Pub. L. 104–208, § 308(d)(4)(O), substituted “removal” for “exclusion or deportation” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–208, § 308(d)(4)(O), substituted “removal” for “exclusion or deportation” in two places.
Enacted provision · exact public law section
Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.
Effective date note
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 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1996—Pub. L. 104–208, § 371(b)(9), substituted “an immigration 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 effective 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.

Credits

1952–1996 · 2 acts

1952June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235
1996Pub. L. 104–208, div. C, title III, §§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat. 3009–619, 3009–645.

Show as published

(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.)