Abstract

http://ssrn.com/abstract=1814385
 


 



Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel


César Cuauhtémoc García Hernández


Capital University Law School; University of Denver Sturm College of Law

April 18, 2011

Berkeley La Raza Law Journal, Vol. 21, p. 17, 2011

Abstract:     
Although the overwhelming majority of individuals detained in immigration prisons are transferred from one prison to another, their relocation, this article suggests, frequently violates the Fifth Amendment’s due process right to counsel for lawful permanent residents (LPRs). Most LPR detainees spend their days awaiting a decision on their removability while confined in the nation’s largest detention centers, which are located in remote regions of Arizona, Georgia, and Texas. In these areas, there are very few attorneys willing to represent detained immigrants and detainees are isolated from social networks that could help them tap legal resources to put up a credible defense.

Number of Pages in PDF File: 44

Keywords: crImmigration, Immigration, Detention, Prison, Lawful Permanent Resident, Right to Counsel, Due Process, Fifth Amendment, Transfer

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Date posted: April 20, 2011 ; Last revised: May 7, 2011

Suggested Citation

García Hernández, César Cuauhtémoc, Due Process and Immigrant Detainee Prison Transfers: Moving LPRs to Isolated Prisons Violates Their Right to Counsel (April 18, 2011). Berkeley La Raza Law Journal, Vol. 21, p. 17, 2011. Available at SSRN: http://ssrn.com/abstract=1814385

Contact Information

César Cuauhtémoc García Hernández (Contact Author)
Capital University Law School ( email )
303 E. Broad St.
Columbus, OH 43215-3200
United States
(614) 236-6273 (Phone)
(614) 236-6956 (Fax)
HOME PAGE: http://www.crImmigration.com
University of Denver Sturm College of Law ( email )
2255 E. Evans Avenue
Denver, CO 80208
United States
HOME PAGE: http://www.crImmigration.com
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