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SAMMY- NEED UR HELP ON THIS DEVELOPING IMMIGRATION ISSUE

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  • SAMMY- NEED UR HELP ON THIS DEVELOPING IMMIGRATION ISSUE

    I have my appeal pending in circuit court against BIA decision. Today to my surprise, I received a certified letter from immigration saying that hearing officer has entered an order of deportation. Moreover, review of ur file indicates there is no administrative relief, which may be extended to u. Arrangements have been made for departure to ( Name of country to which I don't belong).
    And to report at this office at-----on----.
    I spoke to my attorney about it. She says it is a mistake on their behalf & do not worry about it, I am going to apprise them of ur pending case in circuit court. U are not deportable till final decision is made by circuit court.
    I want ur opinion on this case & ur recommendations what I should do to make sure I am not deported to a third country to which I am not citizen & do not wish to go there in any way. U think my attorney is right that it is due to confusion in immigration services these days.

  • #2
    I have my appeal pending in circuit court against BIA decision. Today to my surprise, I received a certified letter from immigration saying that hearing officer has entered an order of deportation. Moreover, review of ur file indicates there is no administrative relief, which may be extended to u. Arrangements have been made for departure to ( Name of country to which I don't belong).
    And to report at this office at-----on----.
    I spoke to my attorney about it. She says it is a mistake on their behalf & do not worry about it, I am going to apprise them of ur pending case in circuit court. U are not deportable till final decision is made by circuit court.
    I want ur opinion on this case & ur recommendations what I should do to make sure I am not deported to a third country to which I am not citizen & do not wish to go there in any way. U think my attorney is right that it is due to confusion in immigration services these days.

    Comment


    • #3
      You have case in circuit court you or your attorney should write this letter in the brief, if briefing schedule is already met ,then your attorney should write a supplement or addundum to brief and send all sixteen copies to the respected department ( addition to brief)which should highlight the INS mistake and error order and date of letter receive ,must be highlighted as " Recent condition change as New Development occur after fileing Brief"

      Comment


      • #4
        One more thing if you go on that date to INS you will be detained and deported, there are no automatic stay of deportation for the cases in circuit court as service allow to process the cases from other countries Now.

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        • #5
          My attorney has not filed the brief. She has not even received the file as yet from the court. My appeal was filed in Feb this yaer. Do u think it is safe for me to stay at same address? Of course I am not going to report there now. I appreciate ur valuable advise. Thanks again.

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          • #6
            You will receive the schedule for briefing in the mail. this will state the deadline date for filing .your attorney should file the brief befor this date and include the error.
            its not safe to stay at the same address after the date mentioned on baG AND BAGGAGE NOTICE.
            THERE ARE POSSIBLITIES YOU CAN BE PICKED UP by bcis.

            Comment


            • #7
              I just spoke to my attorney. She has sent a letter to the office issued this notice explaining the situation of the case. I will get copy from her tomorrow & let u know the contents & ask ur comments. By the way, how is it possible that they(bcis) wants to send me to a country to which I don't belong, however, I certainly have the features similar to the citizens of that country. May be they saw my picture on the file and thought I should be deported to that country instead of my country of citizenship. Can they really do that sort of adjustments? I am confused. THANKS MOHAN AGAIN.

              Comment


              • #8
                It was a mistake made while entering order. Don't worry about it.

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                • #9
                  XYZ,

                  dO not worry much I am sure it's a mistake..yes mistakes can happen even from INS...I had a friend who was in the same situation as yrs and same mistakes..just do as Mohan said and let yr attorney fix that mistake within the INS.

                  gOOD LUCK...

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                  • #10
                    Thanks a lot.

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                    • #11
                      TO: XYZ,

                      Your case is a example of complete error in the part of INS since INS is not allowed to take any action againt you as long as your case is on appeal regardless of where. It is not a matter of surprise since it happens most of times in the INS either this kind of situation or others like files will misplace and etc., which also proved the bureaucracy of INS that they are loaded with extra works and lacks suffient funding/staffs to take care of this kind of problems.

                      In yr case, since appeal is filed just recently, INS might not have enough time to update your case in the system yet.But, if appeal was filed on February, then INS should have enough time to update your file in my opinion. It seems that your 'Notice of Appeal' letter to them has not been viewed until yet (because of their work load),otherwise you would not be receiving this kind of letter.

                      After filing Notice of Appeal, both (you or your attorney and INS) will receive a briefing shcdule from the court. You (or yr attorney) need to write a opening brief first to argue yr case that why INS's decision should be reversed and then INS will file a oppossing brief to justify their position, and then you will file a reply brief in order to rebut their position or arguments. Since you have attorney on yr case, attorney should know how to handle this situation. They can first inform the INS about this pending appeal, so that INS would stop right away any action against you or file a Motion with the circuit court for 'Automatic stay while pending" which would be discretionary decision on the part of the court, since Mohan is right that there is not automatic stay of deportation in circuit court.

                      Furthermore, Mohan is right also that it is not safe in yr situation to live at the same address after all of this, since thesedays INS is picking up the people in the middle of the night and deporting them on govt. expenses like Europe. After 9/11, INS has opened a very aggressive and offensive Unit in mostly offices and their only job is just to deport the illegals and criminals right away without the rights of due process. You might not going to believe that since last yr, after detaining the people, INS are putting them in immigration jail for 2-3 months and once they reached upto 160-200 people of each particular country, they deport them on their own planes. I do personally aware of deporting pakistanis, philippino and mexicans in a large volumes from New York City, since they detain and bring the illegals from all over the united states to either New York or Los Angles offices in order to deport them. You should also be aware that we are living in the time of post 9/11, and thesedays time is not the same as it used to be. Thesedays, laws and rules are seemed to be on books alon since INS is not following of it, and creating their own arbitrary rules. Lots of law suits were filed by civil rights libery union in this regards but no avail so far. I believe you should know that thousands of people are still detained by the INS since 9/11 who were not given their rights to have attorneys or they were not even charged yet since Constitution states that each detained person must be charged with 7days of their detention as well everyone has the right to have the attorney or defend themselve. And, in the end, i should also remind to all the readers that if someone marries with a u.s.citizen, it does not means that they have the automatic right to stay in this country or they will not be deported if ever they caught by the INS before they become p. residents. It just allows them to file for residency only and gives the basis for that, but it does not protect them from Deportation at all. Most of people think that just because they have pending application for adjustment of status or just because they have married to a u.s. citizen then INS can not detain and deport them, but they are completely wrong on this. However, most of time, as a general rule, INS does not take action against those people who have filed for adjusting status, but it does not mean that they can not detain or deport them since laws are not prohibiting them in order to do that since illegals are considered to be illegals in this country untill status is adjusted. So, be careful.

                      Good luck to everyone and be remember that you are included in my prayer.

                      Comment


                      • #12
                        I really appreciate ur concern & views on this matter. I pray for ur prosperity, health & long life. God bless u & thank u so much indeed.

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                        • #13
                          One more question please. Do u think BCIS may cancell their deportation order, when they receive the letter from my attorney pointing out their mistake/omission or it is out of question?

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                          • #14
                            What happens, if I decide to leave on my own before the deadline date? Will I face any problem at the port of exit?

                            Comment


                            • #15
                              TO: XYZ

                              It is a matter of discretion in the part of Court to stay your deportation order until decision is made in yr case by the court, since immigration courts are also very hard thesedays on immigrant because it is also a part of Dept. of Justice, under govt.. It is not like other court which needs to be impartial. But, most probably, INS would stop your deportation until decision is made, otherwise they would initiate the removal proceeding.

                              Nothing will happen to you at the port of exit since there is no immigration at the time of exit while only at the time of enter. As well, there is no bar to a individual to reenter the u.s., if someone leave voluntarily. You can enter next day after leaving if you want to as long as you have visa. But on the other hand, if court orders for you to be deported then you will be barred from 5-20 which will depends on yr particular situation but in almost all cases, it is 10 yrs.

                              At last, if i were you, i would not leave the country unless i know for sure my chances to be here, specifically in the lights of so many tough laws such as 3/10 yrs bar, deportation bar(10yrs), sec. 245(i) is not extended and do know its possibility, very very hard to obtain waiver, as well the current position of INS and counslate thesedays. But, it is you who will make the call.

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