Posted by: nagarikreport May 8, 2011
Mero Pravachan on Immigration Law
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Now, the immigration litigation pravachan!

1) No one can/may/will deport you immediatly.  US has Due Process provision under fifth amendment and it is protected.  So, if you are caught working illegally, or if you are out of status, ICE may place you in Removal Proceedings.  The day you get NTA (Notice to Appear), you are officially in Removal Proceedings.  It means, your case in not in the jurisdiction of DHS anymore, it is in DOJ.  You will not be deported even after being in removal proceedings as long as the case is pending with Immigration Court (IC), usually 2-3 years.  If the IC denies your case, you can appeal to Board of Immigration Appeals (BIA).  However, once the case is in BIA, ICE can knock your door and detain you at that time while the case remains pending with BIA.  You may even be deported while the case is pending with BIA.  You are just on the mercy of the ICE Counsel at that time. If BIA denies your appeal, you can go to Circuit Court.  Mos cases end here.  Only rarely, a case goes to Supreme Court from a Circuit Court.  Most immigrants battle all the way up to Circuit Courts filing Petition for Rehearing/Review.
Last edited: 09-May-11 08:33 PM
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