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Subscribe to this list via RSS Blog posts tagged in order of removal

expedited removals, Chicago deportation defense attorneys, immigration court, current immigration law, Illinois immigration, expedited removalNot content with arresting nearly 40 percent more immigrants on average since the new administration took office, in July 2017 the Department of Homeland Security and the White House began to investigate the possibility of expanding expedited removals, which would significantly alter the immigration landscape in the United States for a multitude of reasons.

The move would not be without controversy at a political level, but immigrant rights groups are incensed at what they argue would be a near-unlimited authority to arrest anyone without status, regardless of potential extenuating circumstances.

If you are undocumented, being conversant with the nitty-gritty details of the law may at least make your next steps more clear.

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Posted on in Immigration

Chicago deportation defense attorneys, expedited removalIn the current immigration climate, the concept of expedited removal is often bruited about by those in the know. However, many, including professionals, are unclear as to what expedited removal actually is, versus what it has been, versus what the current administration intends for it to be. The concept is complex, and if you or a loved one are going to be in a situation where you face the threat of being removed, it is critical that you know your options.

Origins of the Procedure

The concept of expedited removal—when a potential visitor or immigrant is turned around without being permitted a hearing or indeed many other due process rights that citizens possess—was first propagated in 1996, in the text of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). At the time, the procedure was only used against those who met the following characteristics:

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Chicago immigration attorneys, removal proceedingsThe concept of immigration proceedings can be very confusing for some, with misinformation constantly propagated about what occurs and what a court can do during such hearings. If you or a loved one has been placed into removal proceedings, the situation can be stressful, but all is not necessarily lost. Being aware of what exactly occurs at such proceedings can help ease fears.

The Master Calendar Hearing

The first step in the process is the master calendar hearing, and while it is not required that you bring an attorney, it is recommended. Regardless of whether or not you have one, you absolutely must attend this hearing—if you do not, you will almost certainly be ordered removed in absentia. In other words, the judge will assume that since you did not appear, you have no defense to the charge of removability.

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Posted on in Immigration

post-order custody, Chicago Immigration AttorneyIn a perfect world, a person who has come before an immigration judge has to wait very little time to move on with his or her life. However, given the United States’ extensive immigration court backlog and current culture of xenophobia, many immigrants who have been through the deportation and appeals processes still find themselves in legal limbo afterward, for reasons both appropriate and misguided.

Post-Order Custody

ICE used to be able to hold people indefinitely. However, in 2001, the Supreme Court decided the case of Zadvydas v. Davis, in which it was held that indefinite detention of (theoretically removable) aliens was impermissible in cases when the alien was not likely to be removed in the near future. In other words, if mere bureaucracy is holding up your departure, or a conflict that makes it temporarily unsafe to return to your home country, you are still permitted to be detained. If circumstances exist that mean your country will be unsafe or unreachable for the foreseeable future, you will be much more likely to receive a supervised release, or parole. While this decision only applied to admissible aliens, the court decided Clark v. Martinez three years later, extending the same standard to the undocumented.

Since Zadvydas was decided, the procedure underwent some modifications. Nowadays, after a final order has been entered in your case, Immigration & Customs Enforcement (ICE) has 90 days to remove you from the country. That period of time does not begin to run unless you have exhausted your appeals and there are no stays pending in your case. However, once it does begin to run, you must be removed during that 90 days. If you are not, you are entitled to a review of your detention.

If you are still in detention after the 90 days has elapsed, you are entitled to have your deportation officer conduct a review of your case. There are rare exceptions to this rule, namely if you have a communicable and dangerous disease or are a significant security risk, but otherwise, you are entitled to a review.

Am I Entitled to Review?

Not everyone is entitled to a review of their post-order status, but many are. In order to determine whether the Zadvydas or Martinez standards apply to you, you must fit the following criteria:

    • You must be under a final order of removal. An order is final when no action has been taken after a certain period of time (usually 30 days) or when all appeals have been exhausted;

    • You must have already petitioned for administrative review of your case. If you have not yet done this, ICE authorities will tell you to do so first; and

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expired visa, foreign national, immigration judge, Mevorah Law Offices LLC, order of removal, voluntary departureRemoval proceedings are one of the most terrifying situations a person can experience, especially if you have family and friends in the United States. If your visa is expired or if you find yourself otherwise ineligible to stay in the U.S., there are steps you can take to make your life easier, even if you cannot stay in the country. Sometimes, your attorney may advise you to accept voluntary departure, to make things easier at a later date.

Voluntary departure is a process in which a foreign national voluntarily leaves the country, either without an order of removal being issued at all, or, if given the option, before a final order of removal is issued. It is an option for those who are appearing before an immigration judge, and do not think they will win the right to stay in the United States.

Usually, if voluntary departure is granted, you will be given 120 days to wind up your affairs and depart. There is a provision in the law, however, which allows a waiver of the 120 days if the foreign national is receiving medical treatment in the country.

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