The Immigration Reform Law Institute (IRLI) filed an amicus curiae brief in the U.S. Court of Appeals for the Ninth Circuit on behalf of the Trump Administration in a prosecution of a repeatedly-removed criminal alien who claimed his expedited removal violated his constitutional rights. Under U.S. immigration law, aliens can be expeditiously removed if they are caught within 100 miles of the border and have been in the U.S. 14 days or less.
In the case of United States v. Peralta, Rufino Peralta-Sanchez claimed his expedited removal was unfair under the Due Process Clause of the Fifth Amendment because he did not have a lawyer in the proceeding. The district court and three-judge panel of the Ninth Circuit disagreed. Peralta petitioned the full court to reconsider the rulings, except he broadly asserted that all noncitizens in the U.S. have a due process right to counsel in expedited removal proceedings.
IRLI Files Brief in Ninth Circuit to Affirm Expedited Removal of Criminal Illegal Alien, May 26, 2017