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  • Updated case of Removal hearing

    A while back I came to this forum in search of advice on what to do in my case. Yesterday (9/19/03) I was ordered removed from the United States after only my first removal hearing.

    I had prepared a long and well thought out case file with brief and letters of support to explain my case as best I could. I am an 18 year old who has lived in the United States since the age of two. I tried to fight my deportation based on human rights and fairness but the Immigration judge told me that although I had made a compelling case, there was simply nothing she could do because by law I have no grounds to stand on. That was extremely dissapointing...

    At one point in the proceeding the judge asked me if i'd rather voluntary leave the country or be removed by INS. I ofcourse said I would rather leave voluntarily...who wants to be dragged out? At the conclusion of the proceeding the judge told me that I could appeal her decision for removal and asked if I would like to. I ofcourse said yes without hesitation. I was then handed two different sets of papers. One was a white sheet explaining where to pay the $500 voluntary departure bond, the other was a packet explaining how to appeal.

    Today, I was looking at different places for an experienced immigration lawyer and I came across one immigration lawyer's website that had news publications on immigration law. While reading through it, I came accross an article that said that voluntary departure is only granted if the alien waives his/her right to apeal. I would never willingly waive my right to apeal and I was never told in court that i'd be giving up any rights by saying i'd rather voluntarily depart than be removed by INS. Not only that, but if I was waiving my right to appeal by saying that, then why did the INS judge specificly ask if I'd like to appeal after that fact?

    I was told that day that It was extremely important that I pay that $500 bond within 5 days or else I would be removed by force. I don't know what to do. I want to appeal my case because I feel its a strong human and child's rights case and I want to take it to the supreme court if need be. In no way do I want to leave voluntarily until my case is heard by higher courts.

    What do I do? I'm confused as to what I need to do now, I want to appeal but if I pay the $500 bond will i be automaticly forfiting my right to appeal? The judge is on record as asking if i wanted to appeal after she had asked if i wanted voluntary departure, and I am on record as saying yes. At no time in the proceeding did i say i waived my right to appeal thats for sure. I have days to do something...I can't afford to lose on a technicality, what do I do?

  • #2
    A while back I came to this forum in search of advice on what to do in my case. Yesterday (9/19/03) I was ordered removed from the United States after only my first removal hearing.

    I had prepared a long and well thought out case file with brief and letters of support to explain my case as best I could. I am an 18 year old who has lived in the United States since the age of two. I tried to fight my deportation based on human rights and fairness but the Immigration judge told me that although I had made a compelling case, there was simply nothing she could do because by law I have no grounds to stand on. That was extremely dissapointing...

    At one point in the proceeding the judge asked me if i'd rather voluntary leave the country or be removed by INS. I ofcourse said I would rather leave voluntarily...who wants to be dragged out? At the conclusion of the proceeding the judge told me that I could appeal her decision for removal and asked if I would like to. I ofcourse said yes without hesitation. I was then handed two different sets of papers. One was a white sheet explaining where to pay the $500 voluntary departure bond, the other was a packet explaining how to appeal.

    Today, I was looking at different places for an experienced immigration lawyer and I came across one immigration lawyer's website that had news publications on immigration law. While reading through it, I came accross an article that said that voluntary departure is only granted if the alien waives his/her right to apeal. I would never willingly waive my right to apeal and I was never told in court that i'd be giving up any rights by saying i'd rather voluntarily depart than be removed by INS. Not only that, but if I was waiving my right to appeal by saying that, then why did the INS judge specificly ask if I'd like to appeal after that fact?

    I was told that day that It was extremely important that I pay that $500 bond within 5 days or else I would be removed by force. I don't know what to do. I want to appeal my case because I feel its a strong human and child's rights case and I want to take it to the supreme court if need be. In no way do I want to leave voluntarily until my case is heard by higher courts.

    What do I do? I'm confused as to what I need to do now, I want to appeal but if I pay the $500 bond will i be automaticly forfiting my right to appeal? The judge is on record as asking if i wanted to appeal after she had asked if i wanted voluntary departure, and I am on record as saying yes. At no time in the proceeding did i say i waived my right to appeal thats for sure. I have days to do something...I can't afford to lose on a technicality, what do I do?

    Comment


    • #3
      Horrible...

      What state are you living in right now? Can you afford to retain an experienced lawyer?
      SEMPER VIPER / Army Strong!

      Comment


      • #4
        I am in California, I had to try to defend myself because it's extremely difficult for me to afford an attorney. I don't have a way of working untill I get a work permitt and that's a ways off i think. I wish so badly that the DREAM act would pass...It would be terrible if I am forced to leave the country days before the law changes

        Comment


        • #5
          There must be non-profit organizations down there which may help you, I remember starting my removal case with a non-profit organization lawyer. Then we switched to another lawyer we paid...
          SEMPER VIPER / Army Strong!

          Comment


          • #6
            I really don't know what it takes to find a non-profit lawyer. I think that they probably have waiting lists for those. I'm on appeal or on voluntary departure. It seems like there is no time for anything. I don't know what it would take to be helped by a non-profit organization.

            Comment


            • #7
              Sorry to hear about your case evp, I don't remember your previous postings and from the little information that you're stating, in accordance to your mention of the Dream Act, I'm gathering that you're
              1. an out-of-status alien (entered or were brought to the U.S. uninspected at the age of 2 yrs.)
              2. and that you're now 18 yrs. old (then did you turn major?).

              The only reason why you wouldn't qualify for a chancelation of removal at this stage, I'd imagine, would be if the main reason for your removal issue is other than "just" the ilegal presence (such as an unfavorable civil or criminal fact?).

              In any case, you should immediatly appeal the removal order; a voluntary departure is only to be considered if you have some kind of venue available to you in the future such as U.S. family or spousal sponsorship. Assuming that you entered the U.S. uninspected 16 yrs. ago (way before the law changes in 1996), you should be able to do so.

              You either need to considerably research on your case (are you indeed removable? if so, what remedies excist if any?), or invest in a good attey. You have to weigh in the price of the attorney with your abilities and capabilities of establishing a new life in the country of your citizenship or last resdidence and your prospect of compensating for it here. Pro bono attorneys are available usually with the Catholic and civil liberties organisation (look it up in the telephone book). http://www.bcis.gov pages have listings of such attorneys as well.

              Good luck!

              Comment


              • #8
                On the paper which was given to you by court, have one place at the bottom, it must show that if the appeal was waived or not , also it will be marked if the appeal was waived by both parties.
                You have bond for $500, if you do not leave withinthat time period Or didnot file timely appeal then you loose bond money.
                Now you have 90 days to file an appeal which you can file either in same court or in BIA.
                To win your case you need to search cases , decissions, BIA, circuit court published or unpublished decisions, where parents are came here illigally with child.
                some of the caes are approved based on its not childs fault to be here, because its a forced decision by the parents.
                look into it, find that cases, refer these cases with the motion. make sure you file your motion within 90 days, you can find appeal procedure at BIA site.Let me know if you need any further info.
                Its a discussion, not a legal advise..

                Comment


                • #9
                  Thank you guys or gals so much for your help. I was confused as to what I had to do now but things are getting clearer. Ok mohan first off, I found the "order of Immigration judge" paper. At the bottom it circled appeal "reserved" not waived and then it says appeal due by 10/20/03.

                  Before that it says my application for voluntary departure granted until 11/19/03. I'm still uncertain as to what I should do now. Knowing that it has both Voluntary dept. granted and appeal reserved and due by 10/20/03 whats my next move? Do I go pay the 500 dollar Voluntary departure bond within the 5 days? If so, do I still have to leave on 11/19/03 or can I wait untill my appeal is decided on? Right now thats the most important question for me to get answered.

                  I was worried that by paying the bond I would have to leave by 11/19/03 whether my appeal was decided or not. Can you mohan or anyone give me more details on what to do.

                  I know that I have to get a lawyer in the worst way. I tried hard on my own, made a very compelling case, but in the end I didn't have any cases to cite like you asked mohan. I hope me and a lawyer can help each other find those other cases like mine that have been granted. Thanks alot guys.....Surprisingly I'm not feeling as hopeless as I thought I would when I was ordered removed. Have you ever had a feeling all that is right and all that is just is on your side no matter what people say? Well thats how i'm feeling

                  Comment


                  • #10
                    Ok now for advise2 and anyone who may need more info, i'll try to be brief. I'm an 18 year old (19 in 9/27) and was brought to america by my mother at 2. It was a visa overstay. In around 1998 my parents must have turned themselves in to INS, maybe by turning in some forms, and I believe they entered me as well.

                    I didn't know what was going on utnill about 2 years ago when I started doubting what my parents were saying about the removal case. They thought that it would be easy and all they had to prove was that they had been here in america for over 10 years. THey didn't know how complicated it would be.

                    After 5 years of delays and such, my mother was granted cancellation of removal. I had been attending courts along with her the whole time, I don't understand why I was never told before I turned 18 that I didn't qualify for anything.

                    After my mother was granted cancellation, the INS appealed her case. Now she has to wait for the final decision and as long as the appeal is pending, I don't have any qualifying family member to apply cancellation of removal with. It's sad that they seemed to wait for me to turn 18 like sharks before they even dealt or explained things to me.

                    I felt like I could win my case based on my innocense. I've never committed any crimes, and I was a college bound honors student all through my school days. Thats why the DREAM act is so crucial to me and many others. It finally fixes a very broken unjust law.

                    Hmmm I thought i'd be more brief than this. Sorry for my long back to back posts. But thank you all for listening to my sad American story.

                    Comment


                    • #11
                      your appeal is not waived. If you want to appeal the same decision you can do that within 30 days, in the same court.( first option)
                      If you think that judge gave its decision and its not right according to law.you can file a motion , which is within 90 days(2nd option).
                      You have to Deposit bond money no matter what and still you will depart before 11/19/03. If you don,t leave then it will severe panelties like bars and other civil panelties, also you will loose your bond money too.
                      appealing to IJ decision will not protect you for not departing.Lets say if you leave before date 11/19 you will not loose your bond money, If you leave after 11/19/03 but before 6 months overstay you are still ok but you will loose bond, IF you leave after 6 months then you will be bar for 3 years, and after one year it will be 10 yrs.
                      You really have to talk to attorney who can help you in your case.
                      There are other route you can take.
                      you can appeal based on ineffective reperesentation because you didnot had an attorney, and have attorney this time who can represent you.
                      Its a discussion, not a legal advise..

                      Comment


                      • #12
                        http://www.usdoj.gov/eoir/bia/qapracmanual/apptmtn4.htm
                        Its a discussion, not a legal advise..

                        Comment


                        • #13
                          That's a devastating blow. This isn't fair, I will have to leave the country before my case is even decided on in appeals court, what's the point of appealing if it wont matter. I read that if you leave the country your appeal is withdrawn.

                          It seems that as soon as I get a glimmer of hope, everything goes bad again. After so long, so long of a struggle...why does it have to be like this?

                          Comment


                          • #14
                            A question to Mohan...

                            evp said somewhere "After my mother was granted cancellation, the INS appealed her case"

                            In what type of situations, does the INS usually appeal the IJ's order?

                            Since I am approaching my last individual hearing, I was wondering if they pull this at the very last minute...
                            SEMPER VIPER / Army Strong!

                            Comment


                            • #15
                              evp,

                              why were you ordered removed ? DId you have to go to registration than they asked you removed or is it all linked to your mother ? how did INS
                              decide that ?
                              Anyhow, it's a sad story since you are being punished by the law while someone else had broken that law (YR MOM) of course she did not mean to hurt you, for sure she was thing about the american dream you will have one day...
                              anyway, if I were you I will not give up because legally you have not done anything illegal...yr faith was decided by someone else and you are payibg for the broken pieces...
                              do not give up...try to hire a lawyer...look for the charities...just knock on any door you have nothing to loose...
                              by the way, don't you have a USC girlfriend ? IF YES then just go ahead and marry her...the road will be longer and more complicated I hate to advise you that but who cares..life has been injust to you so you got to fight for your destiny..
                              good luck from the bottom of my heart...just fight and fight and be positive...you'll get there

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