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Deportation Procedure Outline

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This is an extract of our Deportation Procedure document, which we sell as part of our Immigration Law Outlines collection written by the top tier of University Of Washington School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Immigration Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Deportation Procedure I. Apprehension A. DHS has powers outside of search or arrest warrants, vested in all employees

bearing title "immigration officer" SS 287(a) B. Power to interrogate any person believed to be alien as to right to be in US C. Power to arrest any alien if reason to believe in IS in violation of immigration laws AND is likely to escape before an arrest warrant can be obtained D. Within a reasonable distance from any external boundary, power to board any vessel in US territorial waters and any train, aircraft, or other vehicle for the purpose of searching for aliens E. Within 25 miles of any external boundary, power to enter private lands other than dwellings for patrolling purposes II. Before Removal Hearing: Must have prima facie evidence to issue Notice to Appear (NTA) A. NTA Functions

1. Explains nature of procedure

2. Time and place of appearance before IJ

3. Instructs him to keep Gov apprised of address and consequences if he fails to do so SS 239(a)(1)

4. Specifies deportability grounds charged and recited factual allegations: 9th Cir
? Res Judicata bars removal proceedings on same charges as prior removal proceedings III. Detention: DHS must decide whether to detain pending final removal decision A. Mandatory Detention for

1. Aggravated Felons

2. Inadmissible on Criminal Grounds

3. Inadmissible or Deportable on Terrorism Grounds

4. Most arriving passengers (including those subject to expedited removal)

5. Aliens awaiting execution of final removal orders B. When Detention is not Mandatory, DHS has options SS 236(a)

1. Detain alien without bond

2. Release on cash bond of at least $1500

3. Release on conditional parole

4. Release permitted only when DHS finds alien won't pose danger to persons or property AND is likely to appear for future proceedings C. Alien can obtain De Novo bond redetermination hearing before IJ 8 CFR SS

1003. 19 (Often by Phone) D. Not permitted to work while removal proceedings are pending SS 236(a)(3) E. Miranda Rule inapplicable for deportation proceedings IV. Master Calendar: After NTA filed, an alien has Master Calendar hearing, sometimes by telephone A. Interval between Master Calendar and Individual Calendar

1. Either party can request continuance (IJ can grant for good cause shown)

2. Either party can move to: 1) Change venue; 2) Remand to DHS for consideration for application that would moot removal proceedings; 3) Suppress Evidence; 4) Limited Discovery Possible V. The Removal Hearing A. Exempt from Administrative Procedure Act

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