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Leedah

Laws To Deport An Immigrant

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Hi all.

After researching, I have come across a few U.S. laws that you all may not have heard about, but may help you when speaking about your case with officials...

- INA § 236©

The Attorney General shall take into custody any alien who-

is inadmissible by reason of having committed any offense covered in section 1182 (a)(2) of this title,

is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), ©, or (D) of this title,

is deportable under section 1227 (a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence [sic] to a term of imprisonment of at least 1 year, or

is inadmissible under section 1182 (a)(3)(B) of this title or deportable under section 1227 (a)(4)(B) of this title, when the alien is released, without regard to whether the alien is released on parole, supervised release, or probation, and without regard to whether the alien may be arrested or imprisoned again for the same offense.

What does this all mean?

Basically, if the immigrant has committed any of the crimes listed in the above sections, then that immigrant is to be held in mandatory detention for removal proceedings. If the immigrant has "committed" (notice I didn't say "convicted") of a felony involving family members, and that immigrant is arrested and "physically detained"...then that constitutes a mandatory detention (even if they are released out of jail on bond pending a hearing). Even if the immigrant is taken for a ride (detained) in the police car, that constitutes detention and at that time the trigger for mandatory detention with ICE comes into play.

Disappearing Acts.

If the immigrant has absconded and has not changed their address with USCIS...

- TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VII > § 1305

§ 1305(a) Notification of change.

Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.

Sooo, if the immigrant takes off and doesn't tell USCIS that they no longer are living with you and doesn't change their address, this is considered a violation of law and a deportable offense.

Harboring.

If the immigrant takes residence with other illegals or overstays or even gives them a ride in a car they can be deported for harboring illegals...

TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part VIII > § 1324

§ 1324. Bringing in and harboring certain aliens

(a) Criminal penalties

(1) Any person who-

(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;

(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;

Hope this helps someone.

Peace.

(Source- http://www.law.cornell.edu/uscode/uscode08...26----000-.html )


12/25/2004 - Met my future hubby while on trip to Gambia

12/13/2006 - Married my hubby in Gambia (West Africa)

12/08/2007 - Sent I-130 to Chicago Lock box. USPS Express Mail December 08,'07, 7:44 pm

02/05/2008 - I-130 NOA1 Hardcopy Received in mailbox

05/27/2008 - Filed Expedite Request by phone with CSR

06/01/2008 - Received Denial Email

06/05/2008 - Filed 2nd request

06/23/2008 - Expedite Approved

07/27/2008 - NOA2

10/21/2008 - Case complete at NVC (Technically was expedited to embassy)

11/06/2008 - Interview at Dakar Embassy

11/06/2008 - Notice (show more income evidence from petitioner)

11/07/2008 - Case on hold

11/18/2008 - 2nd Interview Date

11/18/2008 - Notice (Show even more income and ORIGINAL docs now from 1st cosponsor

12/23/2008 - Received email for 3rd Interview scheduled for March 25th, 2009. Bring Pics

01/23/2009- In Gambia with hubby

03/25/2009- Interview

04/09/2009- POE Atlanta (CR-1 Status until 2011)

04/13/2009- husband arrested for domestic violence (Aggravated Assault-Felony)

05/19/2009- Filed for divorce

06/02/2009- Letter sent to immigration detailing abuse & fraud

09/08/2009- Divorce Hearing

09/10/2009- Divorce Trial (Continued)

03/11/2010- Notice To Appear issued

03/22/2010- Divorced

05/18/2010- Deportation Master Hearing

05/18/2010- Deportation Ordered

06/17/2010- Appeal Time Over. ICE picked him up. In Jail

08/10/2010- Another Master Hearing Scheduled. Out of jail.

05/31/2012- Individual Hearing Scheduled

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As with all laws, they have to be enforced in court, so there is still a slight chance the person will be able to get around some of these.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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As with all laws, they have to be enforced in court, so there is still a slight chance the person will be able to get around some of these.

The problem is that these are all "criminal" offenses as opposed to "civil" offenses... If you consider that in california alone there are over 10 million illegals I doubt that relatively minor offenses on behalf of otherwise legal immigrants will be very high on a DA's priority list.

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