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Tham khảo về Tòa Án Di Trú (Tài liệu tiếng Anh)

The Immigration Court:

What does it mean to be in deportation  proceedings?

Written by Wendy A. Jerkins

Being placed in deportation proceedings is often a frightening and a confusing process. You are subject to laws that frequently change. You are also frequently subject to the discretion of the U.S. Department of Homeland Security (DHS) and the Immigration Judge.

Deportation proceedings often can be a long and drawn-out process that can last for years. Patience is often the most valuable asset.

Why me?

The Immigration and Customs Enforcement (ICE) of DHS can place an individual in deportation proceedings if the ICE believes that the person has in some way violated the immigration law(s).

How can someone violate the immigration law(s)?

If you have done any of the following, then you may have violated an immigration law:

  • voted in an election and you are not a U.S. citizen;
  • falsely claimed to be a U.S. citizen;
  • committed a crime of violence—including domestic violence—or a controlled substance offense;
  • stolen property and received a sentence that includes a term of imprisonment of 12 months or more ;
  • remained in the United States longer than you were authorized;
  • not maintained your status and, therefore, have fallen out of status;
  • worked without employment authorization;
  • made a material misrepresentation to obtain an immigration benefit;
  • entered the U.S. without a valid travel document.

SOLUTIONS

Just because you are in deportation proceedings does not mean you are deportable. A few remedies to deportation are:

  • Asylum, Withholding of Removal, Article 3 of the U.N. Convention Against Torture
  • Cancellation of Removal / Suspension of Deportation / Waivers
  • Approved or (in some cases) Pending Petition (for example, a self-petition based upon the Violence Against Women Act, a family-based petition, or an employment-based petition)
  • Eligibility for Certain Types of Visas (for example, U, T, or special juvenile immigrant)
  • U.S. Citizenship
  • Removal of the Underlying Criminal Conviction
  • Prosecutorial discretion / deferred action

Important!

You must appear at any and all hearings before the Immigration Judge. If you fail to appear, you will be given an order of deportation in your absence.

DEPORTATION PROCEEDINGS

IN GENERAL

  • Master Hearing

The master hearing is your first appearance before the Immigration Judge. At this hearing, you respond to the charges that the DHS has filed against you. If you have been unable to locate an attorney, often the Judge will grant you a continuance to obtain one.

  • Individual Hearing

At this hearing, you present any and all evidence that will support your claim for relief from deportation. At the close of the hearing, the Immigration Judge will give his or her decision.

If you are denied your requested relief, you may—depending upon the case—appeal the decision to the Board of Immigration of Appeals.  You have only 30 days to file your notice of appeal.  If necessary, you may further appeal the decision to the federal court.

DOCUMENTS

If you have an individual hearing before the Immigration Judge, make sure that those documents are presented to the court pursuant to the Immigration Judges order or at least 30 days before the hearing.

Never present fraudulent documents to the Court—no matter how desperate you are!

VOLUNTARY DEPARTURE

When no other relief is available, you may consider voluntary departure . In requesting voluntary departure, you must have:

  1. the financial means to depart,
  2. the intent to depart, and
  3. a valid travel document.

As with all immigration matters, voluntary departure is not a one size fits all remedy for everyone.  You will need to determine whether voluntary departure is appropriate based upon the facts and the circumstances in your case.

At the master hearing: Requesting voluntary departure at the master hearing allows the Immigration Judge to grant the maximum time allowed—120 days.

At the individual hearing: Requesting voluntary departure at the individual hearing allows the Immigration Judge to grant the maximum time of 60 days.

DO YOUR RESEARCH.

Read. Read. Read. Read the newspaper. Go to the library. Visit reliable sites on the internet. Check the USCIS website (USCIS.gov).  Consult with a qualified immigration attorney.

FIND A QUALIFIED IMMIGRATION ATTORNEY.

The immigration laws change frequently. What your friend or family member may have been able to do two years ago, last year, or even one week ago may not be available to you now. Each case is different. The only thing consistent about the immigration laws is that they will change. Expect it.

The information contained herein is general. The information is not intended to create—nor does it create—an attorney-client relationship.

Nguồn: www.jerkinslaw.com/articles/immigration_court.doc

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