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Monday, April 14, 2014

Stopped by CBP - Deferred Inspection

Deferred Inspection with CBP

In this instance, there are a couple of considerations. You should expect to be placed in removal proceedings. It does not sound like you will be charged with an aggravated felony. First, this does not appear to be a crime of violence, and secondly, as you described it, it sounds like you received straight probation. As such, under sec. 1101(a)(48)(b), this probably wouldn't be an aggravated felony anyway (called "agg-fel" in our parlance).

Now, if this is NOT an aggravated felony, you might qualify for various types of relief when put into removal proceedings.
Most importantly, however, you are not disqualified from bond. That's really important -- as nothing is a morale crusher like sitting in the pokie for six months waiting for your immigration court individual calendar hearing (fancy term for trial on the merits). Various places in the country have differing bond amounts (i.e. each immigration court is different). However, for a typical offense of theft, you can probably count on at least a $7500 bond.

Only an immigration judge can take away your LPR status -- so while CBP (custom and border patrol) may hold your card, the judge alone will make the final determination.

What to expect at that 23 April meeting: Well -- a lot of sitting around. These things are reminiscent of a bad 'B' grade horror movie. Dark waiting lobby, lots of unhappy people, most of them confused, a person walking around calling for the next individual to "come back." You will be asked about your status, and you will be told that you are deport-able. Most likely you will get an NTA at that point (Notice to Appear -- that's the summons paper to immigration court). Occasionally, ICE will come take you from the airport. If that happens, you will held until either bond is set (ICE can do that) or you are seen by an immigration judge -- usually within 10 days.

Give us a call if you would like to discuss this further. We have extensive experience representing folks in removal proceedings and we can do a lot to put your mind at ease. Although you may wish to voluntarily depart, doing so is a death sentence to your LPR (legal permanent residency) status. That should be an option of last resort tied to post-hearing voluntary departure. You may have excellent equities arguing for your remaining in the US.

You can reach us at 703-402-2723. A consultation on the phone is free. We practice up and down the East Coast.

Sean Hanover, Esq.
Hanover Law
Offices in Fairfax and DC
888 16th St. NW
Washington, DC 20006

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