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Litigation

Hermini Pacheco v. Garland

Case Citation

Jose Hermini Pacheco v. Merrick Garland, Case No. 24-5108 (9th Cir. filed Dec. 27, 2024)

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Jose Hermini Pacheco, who lives with a communications disability and several mental-health disabilities, was denied meaningful access to his removal proceedings and due process of law by the Board of Immigration Appeals. The Board failed to provide Mr. Pacheco a Certified Deaf Interpreter,, even though it agreed that one was necessary. That failure made it impossible for Mr. Pacheco to adequately communicate with the court and his counsel, and so denied him a fair removal proceeding.

What is the legal argument in this case?

The amicus brief argues that the Rehabilitation Act requires that people with disabilities be protected from discrimination in immigration proceedings by being provided with a reasonable accommodation that allows them to fully participate in those proceedings.

What is the status of this case?

The Ninth Circuit denied Mr. Hermini Pacheco’s petition for review, leaving him with a final order of removal.

December 27, 2024
Amicus brief

Case Partners

  • Rocky Mountain Immigrant Advocacy Network

    The Rocky Mountain Immigrant Advocacy Network (RMIAN) provides free immigration legal and social services to immigrant children and to adults in immigration detention.

    rmian.org
  • Brooklyn Defender Services

    Brooklyn Defender Services is a public defense office whose mission is to provide outstanding representation and advocacy free of cost to people facing loss of freedom, family separation and other serious legal harms by the government. We believe in a client-centered approach and work, in and out of court, to uphold the rights, freedom and…

    bds.org
  • Rights Behind Bars

    Rights Behind Bars is a non-profit legal advocacy organization working alongside incarcerated people to challenge the cruel and inhumane conditions of confinement.

    rightsbehindbars.org
  • Disability Law United

    Disability Law United (DLU)* is a national, nonprofit legal organization that fights for liberation and equity through the lens of intersectional disability justice. Grassroots movements for systemic change inform our work, and we focus on the concerns and goals of people with disabilities who experience barriers and discrimination when attempting to access programs and services.

    disabilitylawunited.org

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