Denial of Continuance Violated Immigrant’s Right to Attorney

An immigrant is entitled to new removal proceedings because the judge didn’t give his attorney, who was hired the night before, a 30-day continuance to prepare his case, the Third Circuit said Thursday.

“We are hard pressed to find a more compelling set of facts constituting a violation” of Julio Freza’s due process rights and his statutory right to counsel, the opinion by Judge Julio M. Fuentes said.

Freza was arrested in New Jersey and convicted in 2015 on robbery, burglary, and gun charges. In 2019, the Department of Homeland Security initiated removal proceedings against him.

Freza’s first removal hearing ...