"Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected."
Explanation of constitutional protections afforded to immigrants in deportation and removal proceedings.
The concept of Due Process in Immigration Law: The principle that individuals have the right to fair and impartial procedures when dealing with immigration agencies.
Constitutional Protections: The Constitutional protections afforded to non-citizens that guarantee their right to due process, including the Fourth, Fifth, and Fourteenth Amendments.
The Role of Immigration Judges: An immigration judge is a government-appointed official who presides over immigration proceedings, including removal proceedings.
Burden of Proof: In immigration proceedings, the government has the burden of proving that a non-citizen is deportable or inadmissible.
Standard of Proof: The standard of proof in immigration proceedings is "clear and convincing evidence," which is a higher standard than the preponderance of the evidence standard used in civil cases.
Types of Immigration Proceedings: There are several types of immigration proceedings, including removal proceedings, asylum proceedings, and bond hearings.
Right to Counsel: Non-citizens have the right to be represented by an attorney in immigration proceedings.
The Immigration and Nationality Act: The INA is the primary federal law governing immigration in the United States.
Relief from Removal: Non-citizens may be eligible for relief from removal, including asylum, cancellation of removal, and adjustment of status.
Detention and Bond: Non-citizens who are subject to removal proceedings may be detained by immigration authorities, and may be eligible for a bond hearing.
Appeals Process: Non-citizens have the right to appeal immigration decisions to the Board of Immigration Appeals and, in some cases, to federal courts.
Administrative Review: Immigration decisions may be subject to administrative review by agencies such as USCIS or the Department of State.
Judicial Review: Immigration decisions may be challenged in federal court through the filing of a writ of habeas corpus, a petition for review, or other legal actions.
The Impact of Criminal Records: Non-citizens with criminal records may be subject to deportation or other immigration consequences.
The Role of ICE in Due Process: The role that ICE plays in enforcing immigration law and its impact on due process.
The Evolving Landscape of Immigration Law: An overview of how immigration law has changed and evolved over time and its impact on due process.
Immigration Enforcement vs. Due Process: The tension between immigration enforcement policies and ensuring due process for non-citizens.
International Human Rights Law: How international human rights law intersects with due process in immigration cases.
The Role of Non-Governmental Organizations (NGOs): The role that NGOs play in assisting with immigration proceedings and ensuring due process.
Immigration Policy: An overview of how immigration policy is developed and its impact on due process.
Notice: Notice involves giving an individual or entity information about a legal proceeding that affects them, including what charges or allegations are being made and when and where the proceeding will take place.
Opportunity to be heard: An opportunity to be heard means that the individual or entity has the right to present their case, evidence, and arguments before a neutral decision-maker.
Right to an attorney: Individuals in immigration proceedings have a right to an attorney to represent them.
Right to present evidence: Individuals in immigration proceedings have the right to present evidence supporting their case.
Right to cross-examination: An individual in deportation proceedings has the right to cross-examine witnesses who testify.
Due process in deportation proceedings: Individuals in deportation proceedings have the right to due process, which provides them with the opportunity to present their case before an impartial judge.
Freedom from self-incrimination: Individuals cannot be forced to incriminate themselves in immigration proceedings.
Right to appeal: Individuals have the right to appeal an adverse decision by an immigration judge.
Procedural Due Process: Procedural due process affords the individual a fair and impartial hearing that includes notice of the charges, an opportunity to be heard, and the ability to present evidence.
Substantive Due Process: Substantive due process protects an individual's fundamental rights, such as the right to family unity and protection from persecution.
"Due process balances the power of law of the land and protects the individual person from it."
"When a government harms a person without following the exact course of the law, this constitutes a due process violation."
"A due process violation offends the rule of law."
"Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty."
"The interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally."
"The term is not used in contemporary English law, but two similar concepts are natural justice, which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions, and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others."
"...the American theory of due process presently contains many implied rights not found in either ancient or modern concepts of due process in England."
"Due process developed from clause 39 of Magna Carta in England."
"Reference to due process first appeared in a statutory rendition of clause 39 in 1354."
"No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."
"When English and American law gradually diverged, due process was not upheld in England but became incorporated in the US Constitution."