Expedited Removal

Expedited Removal occurs when Aliens entering the United States are removed at the Border by Low Level Immigration Officers. There are no formal Removal Processes before an Immigration Judge. There is virtually no opportunity to collect evidence, or consult with an attorney, family member, or friend before the decision is made. Aliens are detained until …

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Withholding of Removal

Withholding of Removal is similar to the relief of Asylum in that it is a form of relief granted to someone who fears persecution in their home Country on account of a protected class such as race, religion, nationality, membership in a particular social group, or political opinion. See INS v. Stevic, 467 U.S. 407 …

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Asylum Ban

Under President Trump’s Asylum Ban, anyone who entered the United States through Mexico on or after July 16, 2019 is ineligible for Asylum. To be eligible, they must first apply for Asylum in Mexico and received a denial. This means that the majority of Non-Mexicans, including those individuals from China smuggled through the Southern Border, …

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Right to Counsel

The right to counsel holds true in proceedings before the Immigration Courts. The Due Process clause and the Immigration and Nationality Act afford an alien the right to counsel of his own choice at his own expense. 8 U.S.C. § 1362. Importantly, the Due Process provides the right to a fundamentally Fair Hearing. Immigration Judges …

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Categorical Approach

Previously we explained the general definition of what constitutes Crime of Moral Turpitude (CMT) under the Immigration Laws. Courts will generally employ the “Categorical Approach” to determine  whether a criminal conviction triggers deportation.  Under this approach, one compares the generic, Federal definition of the CMT with the State Specific definition of the CMT. Specifically, Courts …

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