AILA TX Chapter “Know Your Rights” Project – Dallas

Fax Your Question to: C/O “AILA Know Your Rights Project”

Who we are:

Members of American Immigration Lawyer’s Association volunteering to speak with detainees related to their rights While this project is organized in collaboration with the

Immigration Court and ICE, we are unaffiliated with the Immigration Court or ICE

Goal is to provide helpful information to detainees regarding:

Removal proceedings Immigration Court Process Types of Relief We are unable to provide direct pro bono representation *

* We will be able to answer your question via fax and refer to recognized organizations

Who this presentation is designed for:

Detainees at Rolling Plains Detention Center in Haskell, Texas

Detainees who are: Not yet represented by an attorney Interested in learning self-help methods for

asserting their rights before the Immigration Court and ICE

What are removal proceedings?

Purpose: Hearing to determine whether the respondent (you) should be deported from the US or has a legal right to remain in the country.

Removal Proceedings

Proceedings Initiated by ICE – Immigration and Customs Enforcement

ICE charges a Respondent with being 1) a non-citizen and 2) inadmissible or deportable

Explain Respondent caught entering US without

documentation or Respondent placed in proceedings after being

convicted of a crime

Immigration Court Process

Executive Office of Immigration Review is the Immigration Court

This court oversees removal proceedings

Part of the U.S. Department of Justice

Removal Proceedings

Initiated by ICE via a Notice to Appear

NTA states why respondent is removable/deportable (charges)

You should have been served with NTA

Hearings - Generally

Master Calendar Ist – Review of charges, Rights read ,

Given time to look for an attorney 2nd – Admit or deny charges in NTA 3rd – File application for relief

Individual Trial where IJ make a decision

Types of Relief

Respondents may be able to defend against deportation

Depends on numerous factors, such as: Immigration Status Length of Time in US Type of Crime Persecution faced if deported back to their home

country

Core Forms of Relief

1. Political Asylum, Withholding of Removal,

2. Cancellation of Removal for Lawful Permanent Residents /212c

3. Victims of Violence - VAWA

4. Claims to US Citizenship

Asylum

For people who flee their countries because they fear persecution

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

Asylum can only be won if at least one of reasons someone harmed you or may harm you is because of your race, nationality, political opinion or the fact that you are part of some particular group.

Withholding of Removal

Available to some who may not be eligible for asylum

It is like asylum in that it keeps you from being returned to your home country.

Harder to win than asylum You have to prove that your life or freedom

will be in danger and that this is very likely to happen

REFERENCES

See Immigration and Nationality Act Section 208

See 8 C.F.R. Sections 207, 208, 209, 1240.11(c)1240.33, 1240.49(c)

See Kurzban’s Chapter 4 See Tab 3 on Pro Se Materials

Cancellation of Removal - LPRs

Legal Permanent Resident for at least the last 5 years,

Lived continuously in the U.S. for a t leaset 7 years after having been admitted, and without having committed certain crimes (this period ends when you commit certain crimes),

Not convicted of an “aggravated felony” Can only ask for this waiver one time.

How Do You apply?

Form Cancellation Application Affidavit for Fee Waiver of $100 fee References: See Kurzban’s, page 802 See 8 INA Section 240A(a) See Part 10 of the Pro Se Handbook

What is an “aggravated felony?”

Many crimes can be considered aggravated felonies

Examples Drug trafficking crimes Thefts, burglaries, crimes of violence where

the sentence is one year or more Rape Sexual abuse of a minor Murder

Victims of Violence/Trafficking

VAWA Cancellation Battered or subjected to extreme cruelty by a

spouse or parent who is a USC or LPR Physically present in the US for not less than

three years Person of Good moral Character during three

year period Not inadmissible due to certain crimes and has

not been convicted of an aggravated felony Can prove that removal would result in extreme

hardship to the applicant, applicant’s child or applicant’s parent.

How do I apply? References?

Application Cancellation Application E-42B

Original to Court, Copy to DHS $100 fee or fee waiver

References: 8 INA Section 240a(b)(2) 8 C.F.R. Sections 1240.58(c ), 1240.20 Kurzban, page 823 VAWA Resource Book

Victims of Trafficking in Persons/Violent Criminal Activity T visa for victim of severe form of trafficking in

persons (use of force, fraud or coercion for sex trafficking and/or involuntary servitude, peonage, debt bondage, or slavery)

U Visa for persons who have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.

U.S. Citizenship claims

Born in the U.S. (or its possessions) or became naturalized

May be of one of your parents or grandparents was born in the U.S. (or its possessions), OR if one or both parents was a U.S. citizen at the time of your birth

May be if one or both parents became a naturalized U.S. citizen before your 18th birthday.

Resources

Haskell Law Library Immigration and Nationality Law Act Code of Federal Regulations Kurzban’s Immigration Law Sourcebook Pro-Se Handbook Contact Recognized Organization – Catholic

Charities, Human Rights Initiative Complete “ask an AILA lawyer” form, pass to

Mrs. Medford and fax to Immigration Court - response to question will be provided