SJDC Juvenile Court & Sixth Modification to America Constitution Case Study
Question Description
The potential client is a 9 year old boy would entered the United States without inspection and was separated from his parents. He received a hearing in an immigration court and was ordered to be detained. The potential client was granted the right to have an attorney but he was not assigned a free attorney at his hearing. Now he wants to have the detention order overturned on appeal on the basis of not being given an attorney to help him in his trial. He believes the immigration court violated his sixth amend right to counsel under the U.S. Constitution. He also says a juvenile court should have heard his case instead of the immigration court because he is a child. If your law firm takes his case, can the firm win an appeal based on these legal arguments? (Remember, you owe a duty of candor to the client even if he’s a child.)
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