8 U.S.C. § 1362
Section 1362 · Right to counsel
This is § 292 of the Immigration and Nationality Act of 1952 (McCarran-Walter)
Amended 2 times on record
Applied in 388 court decisions — leading case Landon v. Plasencia (1982)
Most recently applied in United States v. Rosendo Valdivias-Soto (August 2024)
Applied most in the Ninth Circuit Circuit (53 decisions)
Cases citing this section usually also cite 8 U.S.C. § 1326 · 8 U.S.C. § 1252 · 8 U.S.C. § 1101
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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.
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.
Cross References
Definition of Attorney General and special inquiry officer, see section 1101 of this title.