The Ninth Circuit has determined that it has no jurisdiction to determine if a non-citizen was deprived of his right to counsel in a credible fear review because it lacks the authority to review constitutional claims related to expedited removal proceedings.
The full text of Guerrier v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/16/20-70115.pdf
An amended opinion was issued on November 9, 2021, and can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/11/09/20-70115.pdf