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I have been arrested by Homeland Security. How can I find the reason why?

El Cajon, CA |

Homeland Security came to my home and arrested me without telling me why. They took me to their office for fingerprinting and let me go on OR. I am a Citizen of GB, living in US for about 25 years, having a permanent residency greencard, I am married to US citizen, having US children and I am a leader in Babtist church. They told me I have to appear before immigration judge. I had a criminal case in the past in 1997- drog related, I did the time, I finished required classes and I paid my fees. What shall I do to find out what is going on with me? It is scary situation. I am not aware of anything what would cost my arrest.

Attorney Answers 3


  1. You have been placed in removal proceedings in immigration court. It is a serious event, which unless defended, will get you expelled from the very country you've called home for the last 25 years..

    You'll find the reason why soon enough, when ICE issues and sends you their "Notice To Appear" (
    (NTA).In it ICE will plead each and every allegation why it thinks you are to be removed.. That's where we immigration lawyers begin..

    In the meantime, get your court and conviction records and contact the criminal defense lawyer who defended you for the release of your entire record. If he still has it..

    Then hire a competent immigration lawyer (not in El Cajon, though..)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. They should have given you a piece of paper called a Notice to Appear (designated in the top right corner). This form is also called Form I-862 (designated in the bottom right corner). This document will indicate why they arrested you and the charges against you.

    Based on what you've submitted here, the drug conviction likely subjects you to removal. Any non-citizen who is convicted of a drug related offense (except simple possession of marijuana under 30g) is subject to removal. INA 237(a)(2)(B).

    You'll likely be eligible for relief in removal proceedings. Hire a lawyer today!


  3. It sounds like they did tell you why. . . your drug conviction. HIre an immigration attorney immediately, as this is very serious, you will face a removal hearing and could possibly be deported. My firm handles deportation defense.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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