Microsoft Word - 9 - Expedited Removal

FIRRP — last updated October 2011

WHAT TO DO IF YOU ARE IN EXPEDITED REMOVAL OR

REINSTATEMENT OF REMOVAL

WARNING: This booklet provides general information about immigration law and does

not cover individual cases. Immigration law changes often, and you should try to consult

with an immigration attorney or legal agency to get the most recent information. Also,

you can represent yourself in immigration proceedings, but it is always better to get help

from a lawyer or legal agency if possible.

This booklet was originally prepared in 2002 by the Florence Immigrant and Refugee

Rights Project (Florence Project), a non-profit organization that provides free legal

services to immigrants detained in Arizona. It was adapted in 2011 to provide more

general information for immigrants detained across the country. It was not prepared by

the Department of Homeland Security (DHS)/U.S. Immigration and Customs

Enforcement (ICE) or Executive Office of Immigration Review (EOIR) but these

agencies have reviewed its content

Immigration law, unfortunately, is not always clear, and the Florence Project’s

understanding of the law may not always be the same as DHS’ interpretation of the law.

The Florence Project believes that the information is correct and helpful, but the fact that

this booklet is available in the libraries of detention centers for the use of detainees does

not mean that DHS’ interpretation of the law is the same as that expressed in the booklet.

We wrote this booklet for two reasons. One is to help you find out the kind of

proceedings you are in. The second is to help you apply for any relief that you may be

eligible foreither by yourself if you cannot get a lawyer to represent you, or to help you

help your lawyer if you have one.

Who was this pamphlet written for?

There are several legal procedures DHS can use to remove you from the United States.

This pamphlet is for individuals who are in Expedited Removal, Reinstatement of

Removal or Administrative Removal. It does not apply to people in regular removal,

deportation, or exclusion proceedings. You can tell what type of proceedings you are in

by the document you should have received from DHS that explains the reasons why you

may be removed from the U.S.

 If DHS says that you were arrested at or near the border and you received Form

I-860 “Notice and Order of Expedited Removal” or Form M-444

“Information About Credible Fear Interview,” then you are in EXPEDITED

REMOVAL.

 If DHS says that you entered the United States illegally after having been

deported or removed and you received a Form I-871“Notice of Intent/Decision

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to Reinstate Prior Order,” then you are in REINSTATEMENT OF

REMOVAL.

 If DHS says that you have been convicted of an aggravated felony and you do not

have lawful permanent residence in the United States, and you received Form 1-

851 “Notice of Intent to Issue a Final Administrative Deportation Order,”

then you are in ADMINISTRATIVE REMOVAL proceedings.

 If you received a document called a Form I-862 “Notice to Appear,” then you

are in regular removal proceedings.

 If you received a document called a Form I-221 “Order to Show Cause,” then

you are in deportation proceedings.

 If you received a document, which is numbered at the bottom “Form I-110”

and/or “Form I-122,” then you are in exclusion proceedings.

This pamphlet explains what will happen to people in Expedited Removal,

Reinstatementof Removal and Administrative Removal. If you are in regular removal

proceedings, please read the other materials available, which explain the removal process

and each of the forms of relief from removal more thoroughly.

This pamphlet explains what will happen to people in:

 Expedited Removal,

 Reinstatement of Removal, and

 Administrative Removal.

If you are in regular removal proceedings,

read the material on removal and other forms of

relief.

EXPEDITED REMOVAL

What is Expedited Removal?

“Expedited Removal” is a process that DHS uses to remove people from the United

States (U.S.) who attempt to enter the country without proper documents. When

individuals try to enter the U.S. through a border checkpoint, international airport, or

shipping port, DHS officers interview them to see if they have valid travel documents and

if they are coming for the reasons stated in their documents. If the DHS officer believes

that someone is trying to enter the country either by fraud or without proper documents,

the officer can refuse the person’s entry and order him or her immediately removed from

the U.S. After being removed from the country through expedited removal, you are

barred from returning to the U.S. for 5 years or longer, although in some cases exceptions

may be possible. The DHS officer’s decision is final and generally there is no right to

speak with an Immigration Judge. In addition, expedited removal may be used for two

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groups of individuals encountered within the United States: (1) individuals who arrived

by sea and were encountered within two years, and (2) individuals who are encountered

within 100 miles of an international land border and within 14 days of entering the

country.

There are two situations when you will not be refused entry at the border and there will

be some review of your request to enter the U.S. The first is if at the point of entry, you

expressed a fear of returning to your home country or asked to apply for asylum or

protection under the Convention Against Torture in the United States. In this

situation, you will be given a chance to talk to an asylum officer who will determine

whether you have a “credible fear” of returning to your home country. We will explain

this process in more detail below.

The second is if you claim some lawful status in the U.S., such as U.S. citizenship,

lawful permanent residence, or refugee or asylee status in the U.S. In this case, the DHS

officer should first try to find proof of your claim in immigration records. If the DHS

officer finds proof of your claim to lawful status then he/she will decide if you can enter

the country or if you should be placed in regular removal proceedings to have a judge

review your case. If no proof is available, then first, you will be required to make a

statement regarding your claim of legal status under oath; second, the DHS officer will

give you an order of expedited removal; and third, you will have your case reviewed by

an Immigration Judge. You will be detained until you speak with the judge. Although in

some cases, for example if there is a medical emergency, you may ask DHS for release

during this time. If the Immigration Judge affirms the DHS officer’s order of expedited

removal, you will be removed with no opportunity for further review or appeal.

If you are in Expedited Removal, there will be some review of

your request to enter the United States if:

You fear being returned to your native country

You already have lawful status in the United States.

What happens next if I am someone seeking asylum or protection against torture?

After expressing fear of returnto a DHS officer at the border, international airport or

shipping port, you should have a screening interview called a “credible fear interview”

during which you will be interviewed by an asylum officer about your fear of returning to

your country. This may be because you either suffered persecution or torture in the past

or you fear persecution or torture in the future if you return to your home country. At the

credible fear interview, the asylum officer will try to determine whether you have a

“credible fear” of being returned to your home country, in other words, whether you have

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a significant chance of being granted asylum or protection under the Convention Against

Torture.

If you expressed a fear of returning to your country or the

desire to seek asylum in the United States,

you will have a “credible fear interview” with an

asylum officer.

What is asylum?

Under the laws of the United States, people who flee their countries because they fear

persecution can apply for asylum and may be allowed to stay in the United States.

Persecution can be harm or threats of harm to you or your family or to people similar to

you. A person also can get asylum if he or she has suffered persecution in his or her

country in the past. You only can be granted asylum if at least one of the reasons

someone harmed or may harm you is because of your race, religion, nationality, political

opinion (or a political opinion someone thinks you have), or the fact that you are part of

some particular group.This group could be a village, family, clan, union, political party,

religious organization, student or human rights group, or some other threatened group

such as homosexuals, people who are HIV positive, women who oppose certain practices

in their home countries (such as genital mutilation), or people who oppose their

government’s policy on birth control and family planning.

However, if the only reason you left your country was to look for work and you do not

have any fear of returning or have not been harmed in the past, then you probably do not

qualify for asylum.

If you are granted asylum, you will be allowed to stay in the United States legally and

to get a work permit. You may later apply to be a lawful permanent resident and,

eventually, a U.S. citizen.

There also is protection available in the United States if you are likely to be tortured by

a government officialor someone at the government’s request in your country for

any reason. The United States has signed a treaty promising that it will not return anyone

who is likely to be tortured in their home country. You may have rights under this treaty

if you have this fear. Tell the asylum officer and also your deportation officer if you fear

you will be tortured in your home country.

This is just a brief summary of asylum and protection from torture. To learn more about

the law and how to prepare your case, ask for another booklet called “How to Apply for

Asylum and Withholding of Removal.”

Where and when will the credible fear interview take place?

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The interview will take place at the detention center, or, in some cases, at the DHS office,

normally at least 48 hours after your arrival. It will last about one to two hours. After

your interview, the asylum officer will call you back again, usually about a week after

your interview, to give you his or her decision.

What happens after the asylum officer makes his or her decision?

If the asylum officer finds that you have a credible

fear of returning to your home country, you will be allowed

to stay in the U.S. to apply for asylum before a judge in

Immigration Court.

If the asylum officer determines that you have a credible fear, you have the right to apply

for asylum in front of an Immigration Judge. The asylum officer should ask you whether

you want to go to court right away or whether you need time to find a lawyer. Because

immigration law is very complicated, it is much better to be represented by a lawyer

when applying for asylum. If you do not have a lawyer or if you need extra time to get

evidence to prove your asylum claim, you should ask for more time before you go to

court. Normally you will be given ten days. If you cannot afford a lawyer, you can ask

DHS for a list of free or low cost legal services organizations in the area where you are

detained. To learn more about the law and how to prepare your case, ask for the booklet

called “How to Apply for Asylum or Withholding of Removal.”

If the asylum officer finds that you do not have a

credible fear of returning to your home country, he or she

will order you “removed” (deported) from the United States.

If the asylum officer determines that you do not have a credible fear, you will be ordered

removed from the United States. You can ask for an Immigration Judge to review your

case. Within a week, a judge will interview you to decide whether or not the asylum

officer made the right decision. This is not a full asylum hearing, only a review of the

asylum officer’s credible fear decision and interview notes. This review will either take

place in person, or by telephone or video connection. You can ask for an interpreter to

help you speak to the judge. You also can ask to have your attorney or legal

representative at the hearing. However, he or she only can be with you as a consultant.

If the judge agrees with the asylum officer, you will be ordered removed. You are not

allowed to appeal your case to another court. But, if the judge decides that you do have a

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credible fear, you will be allowed to have a full asylum hearing before an Immigration

Judge.

If you do not want to apply for asylum and you want to go back to your home country,

you should tell the asylum officer. Ask him if you can withdraw your application for

admission to the United States.

Who can help me prepare for the credible fear interview?

You should have received a Form M-444“Information about Credible Fear

Interview” which explains the interview process and your rights. You have the following

rights:

• Outside Contacts: While in detention, you have the right to contact family

members and friends by telephone, usually by calling collect or at your own

expense.

• Consultation: You may consult with any person that you choose before your

interview with an asylum officer or before an Immigration Judge reviews your

case. But the government will not provide legal assistance and the consultation

cannot unreasonably delay the process.

• Legal Assistance: You should use the time before your interview to try to

contact a legal representative to assist you. If you cannot afford a lawyer, ask a

DHS officer for a list of free or low cost legal services groups in the area where

you are detained. You also may want to contact the United Nations High

Commissioner for Refugees in Washington, D.C. (toll free) at: 1-888-272-1913,

Monday, Wednesday, or Friday from 2:00 to 5:00 p.m. (Eastern Standard Time).

What happens at the credible fear interview?

To establish a credible fear, you have to convince the asylum officer that you have a

significant chance of being granted asylum. It is very important that you tell the officer

your whole story. First, answer all the officer’s questions. Then, if there are parts of your

story that the officer did not ask about, tell the officer about those things.

Can someone go with me to the interview?

Anyone you consulted with about your asylum claim can be present at the interview.

They also can make a statement on your behalf at the end of the interview.

Is the interview private?

You have the right to have your interview in a private area. If you feel uncomfortable

talking to the asylum officer because other people can hear you, you should tell the

asylum officer.

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Will I have an interpreter at the interview?

If you do not speak English, you should ask for an interpreter. DHS must provide one for

you. The interpreter will either be at your interview or, more likely, will be connected to

you by a speaker phone on the desk next to you. If you understand some English, you

should listen carefully to hear whether the interpreter makes mistakes, and you should

correct any mistakes. You also can ask for another interpreter if you are not satisfied with

the one assigned to you.

How much detail about myself should I tell the asylum officer?

It is very important that you do not leave anything out, even if you do not like to talk

about it. DHS must keep the information that you give them confidential.

If you need to tell the asylum officer information that is very personal and difficult to talk

about, you may request a female officer and female interpreter or a male officer and male

interpreter. You also can ask to speak with the asylum officer alone, without your family,

if you wish.

It is important to answer all of the asylum officer’s questions truthfully. If you do not tell

the truth, it can be used against you now or in the future to deny your claim.

Do I have to stay in detention if I am determined to have a credible fear of return?

You usually have to stay in detention at least until you have your interview with an

asylum officer. However, if you are determined to have credible fear, then you may be

able to get released from detention on what is called “parole.” You should be given a

form by DHS called “Parole Advisal and Scheduling Notification,”which tells you the

date your request for parole will be considered and the evidence you may present in

support of your parole request.To be released on parole you need to have a family

member or friend who lives in the U.S. who will allow you to live with him or her. This

person should be a lawful permanent resident (have a green card) or a U.S. citizen. If you

have such a friend or relative, they should write a sworn statement (called an “affidavit”)

to DHS promising to support you.

DHS makes the decision about whether you can be released. If you are released, you can

go to your immigration court hearings and apply for asylum outside of detention. If you

are determined to have a credible fear but you are not released, you can still apply for

asylum from inside the detention center.

REINSTATEMENT OF REMOVAL

What is Reinstatement of Removal?

FIRRP — last updated October 2011

Reinstatement of Removal is a process used by DHS to quickly remove people from the

U.S. who have been deported or removed in the past and have reentered the U.S. without

permission. It also applies to people who left the United States on their own while under

an order of deportation or removal. You are in this type of proceeding if you have been

given a document called a Form I-871“Notice of Intent to Reinstate Prior Order.”

In Reinstatement of Removal, DHS has the power to remove you from the country based

on your previous order of deportation or removal. You will not be able to speak with an

Immigration Judge.

A DHS officer will make a decision based on DHS records and other documents. A DHS

officer will first investigate your case to:

• determine whether you had a prior order of exclusion, deportation or

removal;

• confirm your identity (in some cases, the DHS officer may take your

fingerprints to compare with DHS records); and

• determine whether you illegally reentered the United States. You should tell

the DHS officer if you believe that you entered legally. The officer then can check

the relevant entry records.

If the DHS officer decides that you should be put into Reinstatement proceedings, the

officer will give you a written notice called Form I-871 “Notice of Intent/Decision to

Reinstate Prior Order.” You have the right to dispute DHS’ decision, either by writing

down your argument or by talking to the DHS officer. The officer will then make a final

decision after reviewing your arguments.

If you are afraid to return to your country or if you want to apply for asylum, you will be

given a chance to talk to an asylum officer to determine whether you qualify for an

asylum hearing in removal proceedings before an Immigration Judge. If the asylum

officer decides that you do not have a reasonable fear of persecution, you may ask that an

Immigration Judge review that decision. Otherwise, the decision of the DHS or asylum

officer is final. You will not be able to appeal this decision to an Immigration Judge.

Depending on the jurisdiction your immigration case is in, you may be able to challenge

your prior removal order in the federal Circuit Court of Appeal if you believe the removal

order was issued in error. You may also be able to challenge the DHS officer’s finding on

any of the three issues listed above. Filing an appeal in federal court is complex and is not

covered in this material. You will need a lawyer to assist you, but you must act quickly.

You only have 30 days to file an appeal in federal court from the date of the

Reinstatement Order.

When do I have the right to challenge reinstatement of removal?

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You can challenge the reinstatement of removal in two extremely limited situations.

First, if you fear you will be harmed or tortured if you return to your home country

or if you have suffered harm there in the past, you should tell DHS. You will be

given a chance to have an interview with an asylum officer who will determine whether

you have a “reasonable fear” of persecution or torture. If the asylum officer determines

that you have established that there is a reasonable possibility that you will be persecuted

or tortured if removed from the United States, you will be placed in regular “removal”

proceedings before an Immigration Judge. You will then be allowed to apply for two

different types of protection from removal from the United States. These forms of

protection are called withholding of removal and protection under the Convention

Against Torture. For more information about the court process, applying for these forms

of protection and preparing your case, ask for another booklet called “How to Apply for

Asylum and Withholding of Removal.”

If the asylum officer decides that you do NOT have a “reasonable fear” of persecution or

torture, you have the right to ask that an Immigration Judge review the asylum officer’s

decision. If the judge agrees with the asylum officer, your case will go back to the DHS

for removal from the United States. You cannot appeal the Judge’s decision in this

situation. But, if the Immigration Judge disagrees with the asylum officer and thinks your

fear is reasonable, you will be allowed to apply for withholding of removal and

protection under the Convention Against Torture before the Immigration Judge. Again,

for more information about the court process, applying for these forms of protection and

preparing your case, ask for another booklet called “How to Apply for Asylum and

Withholding of Removal.”

Second, you also have the right to challenge DHS’s claim that you should be in

reinstatement proceedings in any of the following situations:

You believe that you are a U.S. citizen. There are various ways to be a U.S.

citizen besides being born in the U.S. To learn more about whether you are a U.S.

citizen and how to present your claim, ask for the booklet called “Are You a

United States Citizen?”

You believe that DHS has the wrong information about you. If you think that

DHS has mistakenly put you into Reinstatement proceedings based on incorrect

information it has about you - for example, it has mistaken you for someone else

by the same name - tell the DHS officer. It is important to provide as much

detailed information as possible to prove the mistake.

You have a visa ready for you. If one of your family members has already

applied for a visa for you and the visa is both a) approved and b) immediately

available, you should try to find a lawyer to assist you and quickly file an

Application for Permission to Reapply for Admission Into the U.S. After

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Deportation or Removal (Form I-212). Depending on which jurisdiction you are

in, there may be an argument that you should be able to apply for your lawful

permanent residency and permission to reenter the United States. This is a

complicated argument, and may require going to a federal court. We are not able

to explain this process in this booklet and if you are in this situation, try to get

advice and assistance from an experienced immigration lawyer. For more

information, you can ask for a booklet called “How to Get Legal Status

Through a Family Member.”

You are from Nicaragua, Cuba Guatemala, El Salvador, Haiti, or certain

countries in Eastern Europe and you are eligible to apply for relief under

theNicaraguan Adjustment and Central American Relief Act (NACARA)

orunder the Haitian Refugee Immigration Fairness Act (HRIFA). Originally,

the NACARA and HRIFA laws did not apply to individuals who were subject to

reinstatement of removal (i.e. they entered the United States illegally after a prior

deportation order). However, a law enacted on December 21, 2000, allowed

eligible individuals to apply for relief under NACARA or HRIFA even though

they had prior deportation orders. Certain Nicaraguans, Cubans, or Haitians may

have been able to file a motion to reopen no later than June 19, 2001, if they

originally failed to apply for NACARA or HRIFA because they were subject to

reinstatement of removal

Also, if you are from Haiti and have been granted Temporary Protected Status

(TPS), or have lived in the United States since January 12, 2011, have not been

convicted of certain crimes, and applied for TPS by November 15, 2011, DHS

may not be able to remove you.

If you are from El Salvador, Guatemala, or certain Eastern European countries,

you may be eligible for NACARA even if you are subject to reinstatement. If you

have been placed in reinstatement proceedings and you believe that you are

eligible for NACARA, you should contact the DHS immediately, as DHS policy

is against reinstating an order if the applicant is eligible for NACARA. To learn

more about these laws and whether you qualify ask for another booklet called

“How to Apply for Three or Ten Year Cancellation of Removal.”

You believe that you reentered the U.S. legally. If you believe that you

reentered the United States legally after being inspected by an immigration

officer, tell DHS. Again, provide as much detailed information as possible, such

as how and where you entered, the date and time of entry, and any documentation

you may have shown the immigration official when you entered the country.

You left the U.S. under an order of voluntary departure. Reinstatement of

Removal only applies to people who reenter the United States after an order of

deportation or removal. If you left the country with a voluntary departure order

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and then returned illegally, you should not be in reinstatement. Tell DHS. If it can

verify that you left through voluntary departure, you will be moved to regular

Removal proceedings and you will have the opportunity to speak with a judge.

If any of the above apply to you, tell a DHS officer immediately. Give as much detailed

information and proof about your case as possible. Reinstatement proceedings take place

very quickly. If you do not have a basis for challenging the reinstatement, you will be

removed. If you fear returning to your country, or if you believe that you have been

incorrectly put into reinstatement proceedings, you must act fast if you want to find legal

assistance or to fight the charges on your own. You should try to contact a lawyer or legal

services organization to help you. If you cannot afford a lawyer, you can ask DHS for a

list of free or low cost legal services, which may be available near where you are

detained.

If you believe that you can challenge the reinstatement of your removal, tell a

DHS Officer and look for an attorney immediately to represent you.

ADMINISTRATIVE REMOVAL

What Is Administrative Removal?

No matter how long you have been in this country, if DHS believes that you have been

convicted of an aggravated felony and that you do not have lawful permanent resident

status in this country, DHS may put you into a special proceeding called Administrative

Removal. If you are in this type of proceeding, you will be given Form I-851 “Notice of

Intent to Issue Final Administrative Removal Order.”

In Administrative Removal, you will not see an Immigration Judge. Instead, DHS will

decide whether you should be ordered removed based on evidence that you have an

aggravated felony conviction and that you do not have lawful permanent residence in the

U.S. It will make its decision based on its records and other documents.

You should be given information about the charges against you in the Form I-851. You

are allowed to review the evidence that DHS uses to make its decision, and you have the

right to bring in other information, including documents, written sworn statements

(“affidavits”), or other specific materials to challenge the charges. If you disagree with

the charge, you will be given 10 days from the date DHS gave you the information (or 13

days if it was mailed to you) to respond to them in writing. In the event you are to be

removed, you may indicate in writing the country to which you choose to be deported.

If the DHS officer finds that removability is clearly established by the evidence, the

officer shall serve you with a Final Administrative Removal Order. If the officer finds

there is not sufficient evidence for a removal order, DHS will terminate Administrative

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Removal proceedings and serve a Notice to Appear to begin regular removal proceedings

before an Immigration Judge.

In any event, DHS must maintain a record of the Administrative Removal proceeding in

case you want to challenge the final Administrative Removal Order in the federal Circuit

Court of Appeal. As stated above, appealing your case in federal court is complex and is

not discussed here. To appeal to a federal court, you should get legal assistance.

Do I have the right to challenge administrative removal?

Yes. You have the right to challenge DHS’ determination that you should be

administratively removed. The two main issues that you can challenge are:

• Whether you, in fact, do have lawful permanent residence or are a U.S. citizen;

and

• Whether you have been convicted of an aggravated felony.

What is an aggravated felony?

Immigration law is not the same as criminal law. Many crimes can be aggravated

felonies. The crime does not have to be a felony in the state where you were convicted.

Often misdemeanors and minor crimes are considered aggravated felonies under

immigration law. In the next box are some of the most common aggravated felonies. For

the complete list, see volume 8, section 101(a)(43) of the United States Code, or section

10l(a)(43) of the Immigration and Nationality Act.

SOME CRIMES THAT ARE AGGRAVATED FELONIES

 rape

 sexual abuse of a minor

 murder

 firearms offenses, including possession of prohibited firearms

 felony alien smuggling (unless it was your first alien smuggling crime and you

were helping only your husband, wife, child, or parent)

 fraud or income tax evasion, if the victim lost over $10,000

 money laundering (of over $10,000)

Certain drug crimes or trafficking in firearms, explosive devices or drugs. Drug

trafficking includes:

 transportation, distribution, importation;

 sale and possession for sale;

 certain cocaine possession offenses (depending on what circuit court of

appeals jurisdiction your case is in);

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 certain simple drug possession offenses

Certain crimes for which you received a sentence of one year or more, (whether you

served time or not) including any of these:

 theft (including receipt of stolen property)

 burglary

 a crime of violence (including anything with a risk that force will be used

against a person or property, even if no force was used)

 document fraud (including possessing, using, or making false papers) – unless

it was a first offense and you did it only to help your husband, wife, child, or

parent

 obstruction of justice, perjury, bribing a witness

 commercial bribery, counterfeiting, forgery, trafficking in vehicles with

altered identification

 gambling offenses, for which a term of imprisonment of one year or longer

may be imposed;

 failure to appear if you were convicted of (1) missing a court date on a felony

charge for which you could have been sentenced to at least 2 years (even if

you were not sentenced to 2 years) or (2) not showing up to serve a sentence

for a crime for which you could have been sentenced to 5 years

You are also an aggravated felon if your conviction was for attempt or conspiracy to

commit one of the crimes listed above.

If you have been convicted of an aggravated felony and can get assistance from an

immigration lawyer, ask your lawyer to review your conviction carefully. Sometimes an

immigration lawyer has an argument that your conviction is not an aggravated felony.

Also, in some cases, a criminal defense lawyer might be able to reopen your conviction

to change the sentence or the nature of your conviction.

It is difficult to reopen criminal cases once you have been convicted of a crime and only

certain ways of changing your conviction in criminal court will change your conviction

for immigration purposes. DHS may oppose a change to your conviction or sentence if

the change is made only to avoid being removed from the United States. To find out

more about this, you will need to talk to an experienced immigration lawyer.

Are there other ways to challenge administrative removal?

There are two other situations in which you may be able to challenge your administrative

removal.

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You may be able to challenge your removal from the

United States if:

1. you have an approved visa through a family petition

and the visa is immediately available; OR

2. you fear you will be harmed if returned to your home

country.

First if one of your family members has already applied for a visa for you and the

visa is both a) approved and b) immediately available, you should tell DHS. You can

argue that you should not be put in Administrative Removal because it was not intended

for people in this situation. Instead you should ask to be put into regular Removal

proceedings where you will have an opportunity to talk to the judge about your visa and

whether any of your criminal convictions prevent you from obtaining the visa.

Second if you fear you will be harmed if you return to your home country or if you

have suffered harm there in the past, tell DHS. You should be referred to an asylum

officer for a reasonable fear determination and ask to apply for “withholding of

removal” in front of an Immigration Judge. This is a form of protection similar to

asylum. See page 4 above for a more complete description of asylum. You also can ask

for another booklet called “How to Apply for Asylum or Withholding of Removal,”

which explains withholding of removal in greater detail and how to prepare your case. If

you want to apply for withholding, ask to see a judge or an asylum officer.

Also, if you fear that you will be tortured by a government official if returned to your

home country, you might qualify for relief from removal to that country. The United

States has signed a treaty promising that it will not return anyone to a country where they

might be tortured. Tell your deportation officer if you fear you will be tortured in your

home country.

The administrative removal procedure is complicated. If you fear returning to your

country or if you believe that you have been incorrectly put into administrative removal,

you should try to contact an attorney or legal services organization to help you. If you

cannot afford an attorney, you can ask DHS for a list of free or low cost legal services,

which may be available near where you are detained. This procedure takes place very

quickly so you must act fast if you want to find legal assistance or to fight the charges on

your own.

If you believe that you can challenge DHS’ decision

to remove you from the United States,

tell an Immigration Officer and look for an

attorney immediately to represent you.

FIRRP — last updated October 2011

If you do not want to fight the charges and you are willing to accept administrative

removal, you should tell DHS. In some cases, you can leave quickly instead of waiting 14

days for the review period to finish.

CONCLUSION

We hope this information is helpful to you and we wish you luck with your case.

permission for the copying of this document, as is, for personal use or for free distribution to the DHS, to

detainees in DHS custody, or to entities that assist such detainees. However, any changes to these materials

or to any part thereof must be approved by the Project. Approval may be sought by writing to the following

address: Director, the Florence Immigrant and Refugee Rights Project, P.O. Box 654, Florence, Arizona

85232. Sale of this document or any part thereof for profit shall constitute a copyright violation.

This pamphlet was written by Andrea Black, Eloy Representative and edited by Elizabeth Dallam, former

Director of the Florence Immigrant and Refugee Rights Project. Funding was provided by the Ford

Foundation, the National Association of Public Interest Law, and the Berkeley Law Foundation.

We are grateful to Mary McClenahan of Catholic Legal Immigration Network (CLINIC) for use of her

materials on expedited removal as well as her editorial assistance. We also wish to thank Dan

Kesselbrenner, Director of the National Immigration Project of the National Lawyers Guild, and Regina

Germain, Senior Legal Counselor, the United Nations High Commissioner for Refugees, for their editorial

assistance. Any mistakes are the author’s own.