Can ICE go to address w no warrant and send you to native country w no legal process? Is that illegal ? Justice 4 all? CONFUSED

Asked about 1 year ago - Los Angeles, CA

WHY is there legal DUE NON PROCESS for CRIMINAL SYS & non for INS SYS? WHY free representation for indigent defense in CRIMINAL COURT & NON for INS COURT? UNFAIR? practice if the AMENDMENT is clear stating AND FREEDOM AND JUSTICE FOR ALL. Recently i was picked up and deported to my native country by ICE they didnt prove no WARRANT and i was outside my home when they detained me and while in the unmarked van i was confronted by other detainees stating they were all confused as too the circumstances since the majority was en-route to work, while awaiting the ICE went into my home made my family step out and search house and confiscated non illegal paraphernalia. They had no warrant nor for myself nor property . 2 weeks later i was returned to my country. given only a property receipt

Additional information

ICE did not give any proof to me or my family stating the warrant. My arrest records show non violent felonies (receiving stolen property) 16 mos term and minor misdemeanor non violent. Is that too say Ice can walk in peoples houses w no pc or sw? just because is vaild?

Attorney answers (5)

  1. Geoffrey Alan Hoffman

    Contributor Level 16

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    Best Answer
    chosen by asker

    Answered . There is a process known as administrative removal proceedings where an order of removal can be issued by DHS alone without the need for an immigration judge to even hear your case. Such a case usually happens when someone is determined to have an aggravated felony. See Section 238(b) of the Immigration and Nationality Act (INA); there is also a process called expedited removal. See Section 235 of the Act.

    Without more facts it is not possible to say whether or not you were the subject of such an administrative order.

    With regard to your question, seek an excellent attorney who can assist you by reviewing all the documentation in your case and determining whether you can apply to lawfully re-enter and of any waiver(s) are available.

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his... more
  2. F. J. Capriotti III

    Contributor Level 20

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    Answered . I can 'feel' your frustration in the ALL CAP WORDS that you are using.

    But, and I am NOT DEFENDING ICE, there is probably more to this story.

    Have a friend, family member, attorney file a FOIA to find out what is in your file.

    Plus, it is normal for them to hand you papers when they deport you ... right?

    You need to tell us what those papers say ... if you want us to give you comments of any value.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  3. Ahmad Mohamad Yakzan

    Contributor Level 13

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    Answered . I really hear your concerns. Unfortunately, immigration removal proceedings are considered civil in nature and not criminal. This sounds like a very complicated case and you should really consult with an immigration attorney. Good luck.

    The answer to this question is general in nature and is based on the limited facts presented in the question. This... more
  4. Jeffrey Adam Devore

    Contributor Level 20

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    Answered . U.S. Immigration law is civil in nature, not criminal. The Constitution of the United States only requires the government to provide representation in criminal proceedings, not civil proceedings.

    Under certain circumstances an alien can be deported from the United States without a hearing before an Immigration Court. For example, an alien who is admitted to the United States using the visa waiver program waives his right to a hearing before an Immigration Judge and therefore can be deported immediately upon being taken into custody. Warrants are not required.

    The question which needs to be asked in this case is why were you deported in the first place? Generally speaking, ICE does no come looking for people at their homes unless criminal issues are involved, but you do not indicate the facts of your case.

    If you feel you were unlawfully deported consult with an experienced immigration attorney who can review your case and advise you as to the options which may be available to allow you to return to the U.S.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  5. Angelique Giselle Montes

    Contributor Level 12

    3

    Lawyers agree

    Answered . Unfortunately, that's the way it is. You should hire an immigration attorney.

    Angelique Montes, Esq., Immigration Attorney in Houston, Texas. 832-378-7781. This is not legal advice and a... more

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