Being Deprived Of The Right To Effective Counsel In Removal Proceedings: Why The Eighth Circuit’s Decision In Rafiyev Must Be Overturned

Abstract

INTRODUCTION|Mr. Utoc Garcia, a native and citizen of Guatemala, came to the United States in 1992, fleeing the brutal civil war that had been raging in his country for several decades. He was from a minority ethnic Mayan group heavily targeted by the Guatemalan government for its suspected ties to the guerilla movement. In fact, reports have shown that the Guatemalan government engaged in systematic human rights violations to a degree approximating genocide in some locations. He fled Guatemala and sought refuge in the United States. After his arrival, he immediately brought himself to the attention of U.S. authorities by filing for asylum in 1992.|However, similar to many other Guatemalan asylum seekers, Mr. Utoc was not given his first interview before the branch of the government that adjudicates asylum applications until 2007, fifteen years after having filed for asylum. The Asylum Corps was plagued with...