How to Challenge an Expedited Removal Order

How to Challenge an Expedited Removal Order

Current federal immigration law allows U.S. Customs & Border Protection officials to exercise discretionary power in issuing expedited removal orders to immigrants in certain situations. In expedited removal proceedings, you are entitled to only very limited due process rights. If you become subject to an expedited removal order, you cannot reenter the U.S., either as an immigrant or a nonimmigrant, for a period of at least five years. In some cases, an expedited removal order can ban individuals from returning to the U.S. for life. The severity of these potential consequences is why it is so essential that you take all steps possible to challenge an expedited removal order. In most cases, there are two major ways in which you can challenge an expedited removal order. First, you can request permission to reapply for admission and a waiver of inadmissibility, if necessary. If you choose this route, you must have your application for permission to reapply for admission after deportation or removal approved. In some situations, you also may need to seek a waiver of inadmissibility. This is the case if your expedited removal order found you inadmissible based on fraud or willful misrepresentation of material fact in order to gain an immigration benefit, no matter whether you are seeking reentry as an immigrant or non-immigrant. Although there is no waiver of a lifetime ban on reentry available, there are defenses and exceptions that you may be able to invoke in your case, based on the facts surrounding your circumstances. If you receive permission to reapply for admission and a waiver of inadmissibility, then you can reenter the U.S. as long as you have the appropriate travel documents, including a valid passport and visa. The second major way that you can challenge an expedited removal order is to request reconsideration and rescission of the expedited removal order. Under current law, an expedited removal order is not subject to administrative or judicial review, except in specific situations:
  • Determining whether the person is a U.S. citizen
  • Determining whether the person is a permanent resident or refugee
If you are in one of these situations, you must file a motion to reopen or reconsider the expedited removal order, along with supporting documentation proving that the expedited removal order was improper. You generally must file these motions with U.S. Customs & Border Protection (CBP) within 30 days of the date that it issued the order. However, the CBP has the discretion to allow these motions beyond that 30-day period if you can show that the delay in filing was reasonable and beyond your control. At Landerholm Immigration, A.P.C., we are well aware of the major changes in immigration policy during the first six months of 2017 under the new administration, including significant increases in expedited removal proceedings. No matter what the government policy on expedited removal or any other immigration policy may be, however, we are dedicated to protecting the rights of noncitizens while detained and working toward release from detention, regardless of the type of deportation charges an individual may be facing. We know how to evaluate your case, explore your options, and provide you with the strongest defense against removal possible. Contact your California deportation defense attorneys today and set up an appointment to speak with our legal team.
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