III. Sr Para / New Atty: Border Encounters Flashcards
1
Q
When may voluntary departure turn into a removal order?
A
When the VD was granted by an IJ and the respondent does not depart the US within the allotted time frame
2
Q
Who qualifies for expedited removal?
A
- Not admitted/paroled
- Undocumented
- Present continuously in the US for less than two years
- Note that it has been more rigorously enforced for those who:
- Not admitted/paroled
- In US for 14 days or less
- Within 100 miles of US borders
3
Q
What is expedited removal?
A
- Streamlined removal proceeding
- No right to a hearing before an immigration judge
- CBP officers screen immigrants for credible fear (asylum)
- Held in detention until removed (usually in one day)
4
Q
What is the general deportation process when apprehended at the border?
A
- Arrest/apprehension by Border Patrol or ICE
- Notice to Appear
- Detention or released on bond
- Master Calendar Hearing
- Merits hearing
- Order of removal or appeal
5
Q
What elements must be met to qualify for voluntary departure?
A
- physically present for a year prior to NTA
- show good moral character (no aggravated felonies)
- show financial ability to depart
- valid passport or travel document
6
Q
When does someone request voluntary departure?
A
At their Master Calendar Hearing or end of proceedings
7
Q
What types of enforcement actions do you see during border crossings?
A
Expedite removals Voluntary departure Voluntary returns Catch and release (no docs) IJ order Reinstatement Illegal reentry
8
Q
What information is taken at a border encounter before voluntary departure?
A
- fingerprints
- pictures
- signature for voluntary departure
9
Q
What is the difference between voluntary departure and voluntary return?
A
Voluntary departure
- fingerprints, pictures, signature taken
- granted by BP or ICE
- can occur from anywhere in US
Voluntary Return
- Only take fingerprints (nothing signed)
- granted by BP only
- Only occurs at border
