THE Department of Homeland Security (DHS) is moving forward in its efforts to increase the detention and removal of individuals that are not lawfully residing in the US.

The Citizenship and Immigration Service (CIS) and Immigration and Customs Enforcement (ICE), both of which are units within the DHS, are now implementing a Memorandum of Agreement (MOA) entered into between the agencies last June 2006 that set forth the parameters regarding the initiation of removal proceedings. The MOA became effective on October 1, 2006, and the agencies are steadily moving forward with the execution of their plan to place many more individuals before an Immigration Judge for removal proceedings.

Removal proceedings are commenced through the issuance of a document known as the “Notice to Appear” (NTA). The NTA sets forth the facts as to why an individual should be removed from the US. While both the CIS and ICE have authority to issue the NTA, the CIS acknowledges that the “primary role with respect to removal priorities and administration is ICE’s.” As such, the CIS has traditionally not issued an NTA when denying applications; rather, the CIS denial notice simply advises the applicant that they must depart the US.

Under the MOA, the CIS has changed this policy of simply denying cases without instituting removal proceedings. Now, the CIS, which includes both the Service Centers and the District Offices, are moving forward with its plan to initiate removal proceedings against all those whose applications for permanent residency are denied.

For applications filed and processed at one of the Service Centers, which most often involve employment-based applications, it has been reported that the CIS is issuing NTAs to applicants when their adjustment of status to permanent resident application is denied. This is the case even when the application does not involve any special circumstances, such as a criminal conviction or fraud.

For applications filed and/or transferred to one of the District Offices, the CIS District Director, Jane Arellano, stated the following in an interview recently: “A new guideline has been issued regarding issuance of NTAs. All denied adjustment cases will be issued NTAs and the denial with NTAs are served on aliens simultaneously. Guidance refers to issuance of an NTA 10 days after issuance of AOS [adjustment of staus] denial and the NTA must be filed with the court immediately. In cases where an appeal/MTR [motion to reopen] is possible USCIS will not issue the NTA until 33 days have passed. If there is any public safety issue, CIS will turn the case over to ICE to handle.” Although implementation of this policy has yet to be seen, it seems as if it is just a matter of time before the CIS does so.

The aggressive campaign of the CIS to initiate removal proceedings once an application is denied must be taken seriously as the consequences are now quite severe. Individuals must act prudently in assessing any possible risk of denial given the realization that a denial may result in them being placed before a judge who will determine their fate of whether they may stay in the US or be removed. As such, individuals must ensure that they are represented by competent legal counsel who may navigate through the complex immigration maze.

In my opinion, for ethical terms that are applicable to all public discussion boards, this post should have been appropriately "quoted," "by-lined" or "source-referenced."

quote:

Originally posted by Rough Neighbor:
In my opinion, for ethical terms that are applicable to all public discussion boards, this post should have been appropriately "quoted," "by-lined" or "source-referenced."

You're right. Paste this into google.

"February 07 Volume 10, Number 2 In This Issue 110th Congress"

Just in case your not frightened yet. Check this out.

http://www.ice.gov/partners/dro/opsmanual/index.htm

This is especially interesting because if someone who is in proceedings fails to attend and departs is inadmissible for 5 years if they fail to attend without due cause. Interesting.

If they up and go back home wouldn't that be voluntary departure?

Voluntary Departure is a benefit granted by the government to let them leave on their own without a formal removal order. It's not automatic. Simply leaving is closer to deporting yourself. The judge could still order someone removed in abstentia if they don't appear.

212(a)(6)(B) INA is a ground of inadmissibility which was added a few years ago as well. It says:

"Failure to attend removal proceeding.-Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible. "

I think it would fall under reasonable cause. I know someone who was told that by an attorney. If they cross the border or fly to another country it would be assumed voluntary departure and would close the case. The one exception is if there is criminal action pending.

Hi everyone,

I am really new here! I was granted a 212(c) waiver on Sep 18th, 2006 and even renewed my green card after that with no problems. My lawer and the judge both told me that I would have no problem filing for citizenship but advised me to wait a few months before I do that. I applied in March (27th to be exact) and my friend applied 2 weeks after me and he is already going for his oath ceremony. I still havent heard anything for the interview. I went for finger printing in May though. On the receipt it says that the application will be processed within 180 days (it will be 180 days for me by Sep 27th). My question to you guys is that, do you know if they have any grounds not to grant me citizenship? I am really worried.

Thanks,