Legal Opinion
Rafael Montilla v. Immigration and Naturalization Service
Court of Appeals for the Second Circuit
Decided February 12, 1991No. 411, Docket 90-4058PublishedCited by 159 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This appeal presents one central issue for review: to what degree must an immi*164gration judge comply with INS regulations designed to safeguard an alien’s right to counsel, even when those regulations may be more stringent than required by the due process clause of the Fifth Amendment. The constitution guarantees only those “minimal historic safeguards” which persons are entitled to receive, summarized under the Fifth Amendment as due process of law. See McNabb v. United States, 318 U.S. 332, 340, 63 S.Ct. 608, 612, 87 L.Ed. 819 (1943) (Frankfurter, J.).
The notion of…
2Cases cited47 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- McNabb v. United StatesSupreme Court of the United States · 1943
- McKart v. United StatesSupreme Court of the United States · 1969
- United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
- Morton v. RuizSupreme Court of the United States · 1974
42 more not listed; retrieve them via the Exa API.
3Cited by159 opinions
- United States v. YousefCourt of Appeals for the Second Circuit · 2003
- United States v. YousefCourt of Appeals for the Second Circuit · 2003
- Trevor A. Waldron v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1994
- Jean Patrick Michel v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2000
- Laeila Nelson, Stephanie Nelson, Phil Nelson v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 2000
154 more not listed; retrieve them via the Exa API.