About expedited removal and the increase in its use in the U.S.

An immigration attorney can review your specific circumstances and advise you if there is anything they can do to help to prevent being subject to expedited removal, especially if you are charged with a Felony offense. Attorney KiKi M. Mosley is experienced in the complex immigration legal system and can help undocumented immigrants with removal problems.

An immigration attorney can review your specific circumstances and advise you if there is anything they can do to help to prevent being subject to expedited removal, especially if you are charged with a Felony offense. Attorney KiKi M. Mosley is experienced in the complex immigration legal system and can help undocumented immigrants with removal problems.

Imagine receiving a knock at the door one day and being served with a Notice to Appear[1] at an immigration court to answer allegations that you may not be lawfully present and may be removed from the United States, even after living in your current residence for many years. The Notice to Appear will contain a list of allegations against you, the respondent, who must appear before an immigration judge to answer or plead for an alternative lawful status to remain in the U.S., such as asylum or if you have a reason to seek cancellation of your removal. You are going to want to hire an immigration lawyer to represent you because the court does not appoint attorneys to represent you. The Notice will not mention, however, that you are one of the lucky ones, and fewer than a quarter of undocumented immigrants never get to see a judge and are virtually whisked away through what is called expedited removal. Expedited removal is an immigration enforcement option created to be used at the U.S. borders and ports of entry. In 1996 the Immigration and Nationality Act (“INA”) was amended to include expedited removal[2]. Today, a non-citizen anywhere in the U.S. can be subject to expedited removal anywhere in the U.S., not only at a border or point of entry. Most often, expedited removal orders are triggered by charges of alleged fraud or misrepresentation regarding their immigration status. The U.S. Department of Justice publishes information about expedited removal. Not only do persons subject to expedited removal not get the opportunity to see a judge, the order of expedited removal is not appealable and there is no process for such. It is possible; however, that Customs and Border Patrol (“CPB”) officials may use their discretion to vacate an improperly issued order for removal, but this is not a common occurrence. If the person subject to expedited removal pleads  asserts that they fear return to their home country, the basis for an application for asylum, they may be allowed access to the immigration system to petition for lawful status to be lawfully present in the U.S. Expedited removal is a very bad outcome for anyone who wants to immigrate to the U.S. because there is a minimum five-year bar from re-entry to the U.S. In some cases, there can be a lifetime bar to entry. Although there it is possible to apply for permission to re-enter, this only occurs in rare cases and it is very important to hire a licensed immigration attorney to assist in such special situations. Many proponents of immigration reform argue that not being allowed to see a judge in an expedited removal case is unfair because the majority of removed persons do not know their rights and do not get the benefit of due process of law. A recent article critical of the expedited removal notes the increase in its use, “At least three-quarters of people deported in 2012 didn’t get a hearing from an immigration judge, according to statistics from the Department of Homeland Security (DHS).[3]” An immigration attorney can review your specific circumstances and advise you if there is anything they can do to help to prevent being subject to expedited removal, especially if you are charged with a Felony offense. Attorney KiKi M. Mosley is experienced in the complex immigration legal system and can help undocumented immigrants with removal problems. Attorney KiKi M. Mosley is licensed to practice law by the State of Illinois and Louisiana. She is skilled and experienced in complex immigration law issues. For more information about the law firm, please visit www.KiKisLaw.com, and do not forget to “Like” the firm on Facebook and “Follow” on Twitter. You can also review Attorney Mosley’s endorsements on her Avvo profile. [1] 8 C.F.R. §§ 1003.13, 1003.14. [2] 8 C.F.R. § 1228. [3]New Republic, Deported Without Seeing A Judge: One of the Worst Parts of the Immigration System, By Nora Caplan-Bricker.

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