Many people are entitled to removal proceedings before an Immigration Court. However, there are also situations where a person may not be entitled to such proceedings and can be removed administratively by the Department of Homeland Security. A person who is placed in these proceedings cannot apply for many types of relief that are available in regular removal proceedings; he or she is also ordinarily barred from returning to the United States for a certain period of time. However, there are opportunities to fight these types of removal.
If a person is not a lawful permanent resident and commits a crime that is deemed to be an Aggravated Felony, that person may be subject to an administrative removal order. The Department of Homeland Security is required to provide the person notice that they intend to issue such an order. The person then has just a short number of days to contest the Department’s findings. Then, there is a limited time that the person can ask for review before the Court of Appeals. Removal under such an order is very serious and can result in a 20-year ban from the United States.
In addition, if someone is attempting to enter the United States but an immigration officer determines that the person does not have the appropriate entry document or has committed fraud or a misrepresentation upon entry, that person may be subject to expedited removal. There are only very limited opportunities to contest this order. Such a removal results in a five-year ban from the United States.
Further, a person who originally entered the United States on the visa waiver program can also be issued an administrative removal order if they overstay their admission date.
Finally, if a person has already been removed from the United States but re-enters the United States by crossing a border without inspection, that person may be subject to reinstatement of the old removal order without an additional hearing. Again, the Department of Homeland Security is required to provide notice to the person of the impending reinstatement. A person who re-enters or attempts to re-enter without inspection after removal from the United States may also be subject to criminal penalties. This person also faces a 20-year ban from the United States.
There may be additional relief for a person in any of these situations if he or she fears returning to his or her home country due to past or possible future persecution or torture.
Our offices are experienced in all types of expedited and administrative removal orders. We are also sometimes able to have someone placed in regular removal proceedings to avoid the hardship attached to an expedited or administrative removal order. We are experienced in assisting with the credible fear determination and reasonable fear determination processes when the person’s fears return, and in seeing cases through to their successful completion. We can also assist with bringing someone back into the United States after they have been issued an administrative or expedited removal order.
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Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
I’m deeply grateful to God for leading us to this law firm; it is a true blessing to work with such professional and passionate individuals. Their dedication and commitment help make a difficult situation far less traumatic. In our case, we received 100% support from Attorney Andrea Ochoa and paralegal Rafael. May God bless them and allow them to continue this wonderful work. Thank you—a thousand thanks.
I give my total recommendation and trust in this great organization that has supported me and my family in very difficult times, especially the lawyer Andrea Ochoa and her paralegal Rafael who were little angels that God has sent us to be able to face all the obstacles that we have had along the way. Thank you very much with all my heart. ❤️
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
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