If I am detained for immigration violations, do I have the right to a hearing before an immigration judge to defend myself against deportation charges


pawanismfan

Recommended Posts

If I am arrested for immigration violations, do I have the right to a hearing before an immigration judge to defend myself against deportation charges?

 

Yes. In most cases only an immigration judge can order you deported. But if you waive your rights, sign something called a “Stipulated Removal Order,” or take “voluntary departure,” agreeing to leave the country, you could be deported without a hearing. There are some reasons why a person might not have a right to see an immigration judge, but even if you are told that this is your situation, you should speak with a lawyer immediately—immigration officers do not always know or tell you about exceptions that may apply to you; and you could have a right that you do not know about. Also, it is very important that you tell the officer (and contact a lawyer) immediately if you fear persecution or torture in your home country—you have additional rights if you have this fear, and you may be able to win the right to stay here.

 

 

If I am selected for a longer interview when I am coming into the United States, what can I do?

 

If you are a U.S. citizen, you have the right to have an attorney present for any questioning. If you are a non-citizen, you generally do not have the right to an attorney when you have arrived at an airport or another port of entry and an immigration officer is inspecting you to decide whether or not you will be admitted. However, you do have the right to an attorney if the questions relate to anything other than your immigration status. You can ask an officer if he or she will allow you to answer extended questioning at a later time, but the request may or may not be granted. If you are not a U.S. citizen and an officer says you cannot come into the U.S., but you fear that you will be persecuted or tortured if sent back to the country you came from, tell the officer about your fear and say that you want asylum.

 

Can law enforcement officers search my laptop files? If they do, can they make copies of the files, or information from my address book, papers, or cell phone contacts?

 

This issue is contested right now. Generally, law enforcement officers can search your laptop files and make copies of information contained in the files. If such a search occurs, you should write down the name, badge number, and agency of the person who conducted the search. You should also file a complaint with that agency.

 

 

 

Link to comment

Archived

This topic is now archived and is closed to further replies.