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ImmIGRATION APRIL 02, 2021 | The Indian Eye 49

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himself before the Immi- erly exhausted (as a general removal proceedings can- ily Unity Project, meaning Awuku-Asare do not have
gration Court and BIA, see rule, courts do not consid- not afford to pay a lawyer, that a detained respondent their cases decided without
Awuku-Asare, slip op. at er arguments on review of and cannot find a lawyer to like Mr. Awuku-Asare regard to relevant law sim-
3-4 fn.1.). At least, it is not removal proceedings that represent him or her pro would have received free ply because they cannot af-
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cited in the Tenth Circuit’s were not made during those bono (without fee), then he representation if he had ford a lawyer.
decision, even to explain removal proceedings). The or she may have to proceed been in New York. Other
why it would not apply. It is Tenth Circuit was relative- without a lawyer. Immigra- jurisdictions have begun David A. Isaacson is a Part-
possible that neither coun- ly forgiving about broadly tion law is sufficiently com- similar programs as well. ner at Cyrus D. Mehta &
sel nor the Court found construing the arguments plex, however, that effec- There is also limited fed- Associates, PLLC where
the decision because it per- that Mr. Awuku-Asare did tively representing oneself eral funding for represen- he works on immigration
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tains to a slightly different make below without a law- without a lawyer is often no tation of unaccompanied and nationality law matters.
mechanism of removability yer, but declined to con- more possible than attend- children and certain peo- David's practice includes a
than was at issue in Awuku- sider one argument that ing classes at one’s college ple deemed incompetent variety of family-based and
Asare: Mr. C-C- had been was made to it but had not while in prison. Certainly, it due to a mental disorder. employment-based appli-
cations for both permanent
charged with overstaying been made below. Awuku- would have been extreme- Ultimately, as the Ameri- residence and nonimmigrant
his admission, which would Asare, slip op. at 3-4 fn 1. ly difficult for Mr. Awuku- can Immigration Council visas, as well as waivers, nat-
today be the subject of a In the end, the problem Asare to become aware of has explained, Congress uralization and citizenship
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charge under INA § 237(a) here may be that attending Matter of C-C- on his own. and the Biden Administra- matters, asylum cases, other
(1)(B), 8 U.S.C. § 1227(a) college classes while im- New York State and tion should amend the INA removal proceedings such as
(1)(B), not INA § 237(a) prisoned, pending trial for New York City have pro- and its implementing regu- those stemming from crimi-
(1)(C)(i). But Matter of a crime of which he was vided funding for rep- lations to provide a right nal convictions or denied ap-
C-C- remains good law to- acquitted, was not the only resentation of detained to publicly-funded counsel plications for adjustment of
day, and it would appear impossible thing that the respondents through the for those unable to afford status, and federal appellate
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to have been relevant here. law required Mr. Awuku- New York Immigrant Fam- it, so that people like Mr. litigation.
Particularly faced with an Asare to do. By statute, a _________________________________________________________________________________________________
unrepresented respondent, respondent in removal pro- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
the BIA ought to have tak- ceedings only has a right to Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s
Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
en it upon itself to cite Mat- counsel “at no expense to Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
ter of C-C- and distinguish the government”, INA § Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
it if appropriate. It evident- 292, 8 U.S.C. § 1362, and tion; board member of Volunteers for Legal Services and board member of New York Immigration
ly did not do so because the not a right to publicly-fund- Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration
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issue was not raised below, ed appointed counsel, such Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related
however, and it is possible as is provided to defen- issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
that Mr. Awuku-Asare’s dants in criminal proceed- he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
appointed counsel at the ings under the Sixth and Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
Court of Appeals for the Fourteenth Amendments Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
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Tenth Circuit did not raise as interpreted in Gideon in the immigration field. He has also received two AILA Presidential Commendations in 2010
and 2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by
the argument because it v. Wainright, 372 U.S. 335 Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
would not have been prop- (1963). If a respondent in Chambers Global 2019 in immigration law, among other rankings.

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