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MONTILLA v. I.N.S.

No. 411, Docket 90-4058.

926 F.2d 162 (1991)

Rafael MONTILLA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 12, 1991.

Attorney(s) appearing for the Case

Maria E. Liz, New York City (Liz & Botshon, New York City, of counsel), for petitioner.

Diogenes P. Kekatos, Asst. U.S. Atty., S.D. New York (Marla Alhadeff, Asst. U.S. Atty., Otto G. Obermaier, U.S. Atty. S.D. New York, New York City, of counsel), for respondent.

Before CARDAMONE and MINER, Circuit Judges, and POLLACK, District Judge.

CARDAMONE, Circuit Judge:

This appeal presents one central issue for review: to what degree must an immigration 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...

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