What is the test for a waiver of a non-citizen's right to counsel in a removal hearing?
MultiRegion, United States of America
The following excerpt is from Zuniga v. Barr, 934 F.3d 1083 (9th Cir. 2019):
5 As explained below, we have previously held that if a non-citizen appears without counsel in a removal hearing, "there must be a knowing and voluntary waiver of the right to counsel" before the hearing can proceed. Tawadrus v. Ashcroft , 364 F.3d 1099, 1103 (9th Cir. 2004). A valid waiver requires that the IJ "(1) inquire specifically as to whether petitioner wishes to continue without a lawyer; and (2) receive a knowing and voluntary affirmative response." Id. (citations omitted).
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