8 USC § 1362 - Right to counsel

---
identifier: "/us/usc/t8/s1362"
source: "usc"
legal_status: "official_prima_facie"
title: "8 USC § 1362 - Right to counsel"
title_number: 8
title_name: "ALIENS AND NATIONALITY"
section_number: "1362"
section_name: "Right to counsel"
chapter_number: 12
chapter_name: "IMMIGRATION AND NATIONALITY"
subchapter_number: "II"
subchapter_name: "IMMIGRATION"
part_number: "IX"
part_name: "Miscellaneous"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235; Pub. L. 104–208, div. C, title III, §§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat. 3009–619, 3009–645.)"
---


# § 1362. Right to counsel

In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose.

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**Source Credit**: (June 27, 1952, ch. 477, title II, ch. 9, § 292, 66 Stat. 235; Pub. L. 104–208, div. C, title III, §§ 308(d)(4)(O), 371(b)(9), Sept. 30, 1996, 110 Stat. 3009–619, 3009–645.)

## Editorial Notes

### Amendments

1996—, substituted “an immigration judge” for “a special inquiry officer”.

, substituted “removal” for “exclusion or deportation” in two places.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by  effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

Amendment by  effective , see , set out as a note under .

### Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .