Deportation Without a Hearing

It is possible for an immigration officer to determine whether or not a person should be removed from the United States. However, many immigrants will want the opportunity to tell their story in front of an immigration judge. It’s unfortunate, but a foreign national may not be afforded this right. When this happens, it is in your best interest to contact a deportation lawyer Pasadena.

Summary Proceedings
There are many different types of summary proceedings that are used to successfully remove foreign nationals from the United States without a judge being involved. There are some common types of summary proceedings utilized to expedite the removal of foreign nationals.

Reinstatement Removal
A foreign national could be subject to summary removal if they were given an order of removal in the past. In this situation, these people entered or attempted to unlawfully enter the United States. Immigration authorities could find these people were subject to a previous summary removal once their identity is checked. When this is the case, Homeland Security (DHS) will use Form I-871 to reinstate the removal order. It must then be signed by the foreign national.

Administrative Removal
Should a foreign national not have a green card and be convicted of an aggravated felony, they could be given an administrative removal. This involves the issuance of Form I-851. It is known as the Notice of Intent to Issue Final Administrative Removal Order. An administrative removal is an option based on the discretion of DHS. In certain situations, a person could be subjected to removal proceedings instead of administrative removal. An immigration lawyer Pasadena is very familiar with these situations.

File A Petition
A foreign national has a limited right to challenge a summary removal order. Within 30 days of the summary removal order, they can file a petition in a federal court. A deportation attorney can help with filing such a petition. Federal courts do not all rule the same on these issues. A foreign national may defeat the order. They will need to prove immigration authorities made a mistake when it comes to their legal status.

Exceptions
There are exceptions to deportation. A foreign national may have an exception if they have lived legally in the United States since 1982. Other exceptions may involve individuals with a relative of Haiti who, before March 2000, did obtain legal permanent residence. There are also exceptions for citizens of Guatemala, Nicaragua, El Salvador, Cuba or a country that was part of the old Soviet Union.

Should an individual have substantial fear of persecution if they return to their home country, it may be possible to work around the deportation. This person would have to go through an extensive interview process, which will occur with an asylum officer. A deportation immigration attorney can help prepare you with this interview.

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