Title 8, Aliens and NationalityRelease 119-102
§1362 Right to Counsel
Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part IX — Miscellaneous › § 1362
Summary
In removal cases and appeals to the Attorney General, a person may choose an authorized lawyer; the government won’t pay.
Full Legal Text
Title 8, §1362
Aliens and Nationality, Source: USLM XML via OLRC
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
Notes & Related Subsidiaries
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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
8 U.S.C. § 1362
Title 8, Aliens and Nationality
Last Updated
Aug 21, 2026
Release point: 119-102