Analyzing Prior Removal Orders -- or are they? (immigration law)

by LALO ALCARAZ on JULY 3, 2014 in CARTOONS, EL NOW. See: http://www.pocho.com/la-cucaracha-you-must-be-this-tall-toon/

A fellow practitioner asked a question regarding deportation and future relief. I thought the topic was worth discussing here.

Client came to me because he had received a notice to appear (NTA). Initially, I was pleasantly surprised, base on his equities. He had been in the US since 2002, no criminal record, 4 USC children, filed taxes and requisite hardship for cancellation of removal. Then the other shoe fell – he had been deported in November, 2001 and came back within weeks (early 2002) and hasn’t left since. My initial question was why he had not been given a reinstatement of removal and an expedited removal. Instead he received an NTA in May 2016 with a court date in late May. What is happening here?

Great question – and very frustrating, I know.

The code section you are looking for is 8 CFR 241.8. Other than withholding of removal (under asylum grounds), and CAT, along with a couple of obscure South American/Central American Acts, the alien ain’t eligible for squat!

Now, technically, you have an interesting issue here. DHS lacks authority to reinstate – it has to be done by an immigration officer (i.e. ICE or CBP). Read the code section carefully. Also, said reinstatement is discretionary. If ICE/CBP opt not to apply this section, then…can they later change their mind?

The most telling indication that this section does not apply is the release of the alien on parole or bond. That is not done when reinstatement is in play, and the Court has no authority on bond issues with these folks (for obvious reasons).

Do you have a question about immigration law or deportation defense? Contact us! Initial phone consultations are always free. 1-800-579-9864 or admin@hanoverlawpc.com.

Hanover Law, PC
Offices in Fairfax (VA), Resiterstown (MD), and Washington (DC)
www.hanoverlawpc.com
Central Office: 2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq. Charlet Herr, Practice Manager
1-800-579-9864 admin@hanoverlawpc.com

Post Immigration Court -- what happens if I lose?

A colleague of mine asked for information on what happens after an adverse decision by the Immigration Court. The Judge ruled against her client, and she sought guidance on how to proceed.

I just received word that my client's CAT and Withholding claims were denied. I am worried that I may not be able to reach him before he is transferred, and the family is in a panic.

I would like to know:
1. What happens next
2. If he exercises right to appeal, could he be eligible for interim bond/release from custody (Alien AF - conspiracy/100 kilos of marijuana is what landed him in Removal proceedings in the first place) during the wait time?
3. How do we determine where he will be taken, and how can we track his movement so that the family can try to get him some clothing, his I.D's and some money?

Any insight from those of you who have gone through this, and had to deal with the anxiety the family members are suffering, would be extremely helpful!

In answer, this is a rather complex compound question. Your client will be placed on the “depart roster.” For security reasons, DHS will not release the time or place they will fly your client out from – it largely depends on what country he is going to. If you ask nicely (and it is that random!), you are technically permitted to bring him a single suitcase before he departs. You are right to coordinate this through his D.O. (deportation officer). However, that’s about as much information and access as you will get.

If appeal rights were not waived, he’ll wait 30 days before anything happens. If he waived appeal, or 30 days elapse, then he’ll be on the next available flight. Generally, flights leave for Mexico regularly, but say, to Nepal, quite rarely indeed.

There is no bond for a detainee who is awaiting deportation. If ever there was a flight risk, that would be your fella! However, if the BIA appeal is successful, and a remand is had, you should be able to avail yourself of the six month rule (primarily in the 9th circuit, but arguable everywhere). Ping me if you need more information on this.

You can file an appeal and ask for a stay of removal pending appeal. You need to ALWAYS ask. Although, technically this should be automatic…trust nothing. I’ve actually had folks deported during their appeal and then subsequently win the appeal…and they are in yonder land. ALWAYS ask.

Do you have a question about deportation relief AFTER an immigration court hearing? Call us immediately as time is of the essence. Oh, and never waive appeal rights. 703-402-2723 or 1-800-579-9864.

Hanover Law, PC
Offices in Fairfax, VA and Washington, DC
www.hanoverlawpc.com		Lili O'connell, Esq. Abby Archer, Esq.
888 16th St., NW Ste 800 Washington, DC 20006	2751 Prosperity Ave, Ste 150 Fairfax, VA 22031	Sean R. Hanover, Esq. Stephen Salwierak, Esq.
1-800-579-9864	admin@hanoverlawpc.com	Charles Hatley, Esq.