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Thread: how long does the deportation process take?

  1. #1
    how long is the person held before being deported, is it in a facility where they can have visits and of what type...he has no criminal charges or convictions other than the immigrant retainer.
    "who are you to judge the way I live-i'm not perfect,or live to be but before you start pointing fingers,make sure your hands are clean".....B.M. http://i36.tinypic.com/350ma8n.jpg

  2. #2
    Dear Heartbroken,

    I feel your pain. I think you'd rather me tell you the truth, than try and sugar coat this. The detainee can be held for an unspecified or indefinite length of time. In general, aliens are usually detained for less than 1 month, but could be held for several years or more, depending on many things.

    America is without a doubt the greatest nation on earth.... if your an American citizen. If your not, God help ya.

  3. #3
    Originally posted by unique:
    Dear Heartbroken,

    I feel your pain. I think you'd rather me tell you the truth, than try and sugar coat this. The detainee can be held for an unspecified or indefinite length of time. In general, aliens are usually detained for less than 1 month, but could be held for several years or more, depending on many things.

    America is without a doubt the greatest nation on earth.... if your an American citizen. If your not, God help ya.
    thank u for ur honesty, but is the detainment a locked up prison like enviroment? this man is a good, hardworking guy with a spotless record. will he be allowed family time?
    "who are you to judge the way I live-i'm not perfect,or live to be but before you start pointing fingers,make sure your hands are clean".....B.M. http://i36.tinypic.com/350ma8n.jpg

  4. #4
    Originally posted by unique:
    Dear Heartbroken,

    I feel your pain. I think you'd rather me tell you the truth, than try and sugar coat this. The detainee can be held for an unspecified or indefinite length of time. In general, aliens are usually detained for less than 1 month, but could be held for several years or more, depending on many things.

    America is without a doubt the greatest nation on earth.... if your an American citizen. If your not, God help ya.
    This is misleading and not true. That's precisely the matter in Zadvydas v. Davis, see also Clark v. Martinez. There are forms of relief, but the information the OP provided is vague and incomplete. Of course, Zadvydas is a Breyer opinion, and a very instructional document.

  5. #5
    This is misleading and not true.

    Again, Houston is a USC who has a text book education. I'm an immigrant who has sustained numerous kicks in the teeth from the USCIS. I have personally experienced things that Houston cannot imagine, this is because none are written in any text book. The text books are to appease USC like Houston. When behind closed doors, all text books are thrown out the window. The USCIS does whatever it wants legal or not. Aliens have virtually no rights, if they are not represented by an attorney.

    PS> the text book cases referred to by Houston were all litigated. just imagine how different things would have been if the alien was not represented????

  6. #6
    You keep assuming things and finding justification to whatever you do. Do not asume anything, just go by facts you can verify.

    Detention for an unlimited period of time is seen as unconstitutional, for many reasons, specially when the deportation or removal of the person in question is not foreseeable.

    Why do I say this? Because you make it sound like the person will be lost in a black hole forever with no chance whatsoever for relief.

    Nothing could be further from the truth.

    You mention that USCIS does what it wants, legal or not. You do have a point there. But that does not foreclose an argument for relief, does it?

    Aliens do have rights, the problem is that most aliens are not aware of such rights. Stipulated removal is, for example, a practice that takes direct advantage of the unfamiliarity most aliens experience with the actual contents of the law. The rights in question are indeed protections that come straight from the letter of the Constitution, but yet again, how many times we hear ordinary people state with confidence that aliens have "no constitutional rights"?

    This is ridiculous, and insulting to the values this nation holds dearly, those of justice and law.

    Do not assume things, when you ASSuME, you make an A$$ out of you and ME.

  7. #7
    so, houston...what u are saying is, there is light at the end of our tunnel??? you are correct, that most aliens do not know where to turn, or how to get assistance in these cases. I am feverishly trying to access info from everyplace, in this matter!! Is it best to have legal representation, no matter what? is there no chance in hell for an alien w/o a lawyer to get relief?
    "who are you to judge the way I live-i'm not perfect,or live to be but before you start pointing fingers,make sure your hands are clean".....B.M. http://i36.tinypic.com/350ma8n.jpg

  8. #8
    Houston,

    On most points you are very correct in theory, in practice you are wrong. As far as making it sound like the person will be lost in a black hole? If you read my post I said "in general, aliens are usually detained for less than 1 month." The DHS has the power to hold any alien for "an unspecified or indefinite length of time." Who is going to appose them? Especially if the detainee has no attorney. Like you said, most aliens don't know their rights. How could they? And who's going to tell them? Certainly not their captors.

    Anything can happen to a detainee while in custody. Detention centers are very over crowded, and there are many ethnic gang members detained. If any alien gets put in a cell with racial groups that happen to dislike anything for any reason. Well, you might not find that page in your text book, but if you were put in that situation you'd understand very quickly.

  9. #9
    Yes, there's light at the end of the tunnel, of course!

    You should be concerned with the hearing before the immigration judge, not so much with the detention itself. The hearing will allow you to ask the judge for relief, and that's your once chance to take advantage of.

    The forms of relief available will depend on what you do, your particular situation, your details, his ties to this country, and many other issues. I recommend you discuss this with a lawyer, as you will see when you do, the questions and information you'll have to share with counsel is rather personal and you shouldn't expose it to the world here on a public forum.

    -THIS IS NOT LEGAL ADVICE-

  10. #10
    Unique, I have criticized "immigration detention centers" as inhumane and "in need of change". However, there are groups that continue to challenge the conditions of detention and the practices some officers so strongly seek to protect.

    Scaring the OP is not going to do anything, you should concentrate in trying to explain to her the mechanisms of relief available to her at this point.

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