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is an immigration arrest without a warrant legal?
Yes, under the law, any immigrant believed to be in violation of the law, or who might escape, can be arrested without a warrant. However, some arrests are made with a warrant and require the government to follow certain procedures.
Are removal proceedings criminal, or civil?
Removal proceedings are civil, not criminal. Therefore, the Miranda warning required to be read to someone at the time of a criminal arrest, is not required to be given to someone being arrested by immigration authorities.
If ICE (Immigration and customs enforcement) decides to start removal proceedings, are there certain warnings they must give?
Yes, officers must then tell non-citizens why they are being arrested, that they have a right to a lawyer, and that they can remain silent. Lawyers representing the immigrant in immigration proceedings will not be paid for by the U.S. government.
if i am denied admission to the u.s. at a port of entry, am i entitled to a removal hearing?
No, you are not entitled to a hearing unless you request asylum at the port of entry. Depending on the circumstance, however, you can re-apply for a visa to enter the U.S.
i missed my scheduled hearing. can i still be ordered removed from the country?
Yes. If you miss your hearing, and ICE proves that you were notified of the hearing, or you failed to provide your current mailing address, you can be ordered removed in absentia (in your absence).
what types of relief are available in order to avoid removal and remain in the united states?
There are several defenses that can be raised, and discretionary relief available to persons at risk of being removed from the United States. These include, but are not limited to:
Convention Against Torture
Adjustment of Status
Cancellation of Removal
Violence Against Women Act (also for men)
U Visa (for victims of crime)
Motions to Suppress or Terminate Proceedings
If you are in removal proceedings, you should not handle this serious, complex matter on your own. Contact The Firm today to schedule a consultation. Your matter could be time-sensitive. Call today.