Do I Have the Right to a Court Hearing if I Am Detained by ICE?
If you are detained by Immigration and Customs Enforcement (ICE) agents,
you may be entitled to court hearing in some situations. There also are
situations in which you are not entitled to a court hearing. Therefore,
it is important to be aware of the facts of your situation so that you
know whether to expect a court hearing if you are detained.
For example, immigrants who have a deportation or removal order from the
past and who are in the following situations are not entitled to appear
before an immigration judge before being deported:
·You left the U.S. after receiving a removal order and then re-entered the U.S.
·You failed to leave the U.S. after receiving a removal order or a grant
of voluntary departure.
·You received an expedited removal order at the U.S. border.
In some cases, you might not be aware that you have a removal order, perhaps
because you didn’t receive notice of your immigration hearing or
you failed to attend your hearing for another reason. If you don’t
attend a hearing, the immigration judge typically will issue a removal
order for you. If you didn’t receive proper notice of your hearing,
however, you might be able to reopen your case and appear in front of
the judge.
Other cases in which you may not be entitled to see an immigration judge
include those in which you have committed an aggravated felony, as defined
by federal immigration law, and you are not a lawful permanent resident.
In this type of case, you could be given a summary order of removal and
not be permitted to see a judge. This is the case for conditional residents,
non-immigrants, parolees, individuals who have overstayed their visas,
and individuals who entered the U.S. unlawfully. Plus, if you sign a stipulated
or agreed order of removal with ICE, you are giving up your right to appear
in court before an immigration judge.
At Landerholm Immigration, A.P.C., we have represented the interests of countless clients in the state of
California who are facing deportation proceedings, but who wish to remain
with their families in the United States. We keep abreast of any new legal
developments that can help our clients in any way. We will aggressively
investigate the facts and circumstances surrounding your case, and help
you settle upon the option that is best calculated to allow you and your
family to live where you choose. Contact our experienced deportation defense
attorneys today, and learn how we can help.
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