Does ICE have or hold the rights to come unannounced without written documentation or a letter sent first? Can ICE just come and pick up immigrant who is out of status and detain then deport? I-485 and I-765 were denied since March 26, 2013 and we don't know what to expect. Immigration dept states case is now with ICE and we call the Immigration court hotline and his case is still not there.
There is no requirement that ICE announce that they will be arresting someone to begin deportation proceedings.
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ICE has the right to arrest and detain an individual present in the United States without lawful status. Whether ICE will do so depends upon several factors? Once an application for adjustment if status is denied, an applicant is usually served with a Notice to Appear after any time to file a motion to reopen/reconsider has lapsed. This Notice to Appear is typically served by mail. However, UCE has the discretion not to issue a Notice to Appear, which does happen if the alien is not an enforcement priority. Even if he is arrested, he would be entitled to a hearing before an Immigration Judge unless he waives this right or has previously been ordered deported. I would strongly encourage you to speak with am experienced immigration attorney.
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The usual procedure is for you to receive the Notice to Appear in Immigration Court via regular mail. Unless there are unusual circumstances, the notice in the mail will ge the start of the deportation process. See a lawyer to determine what if any options you may have. Good luck.
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Whether a Notice to Appear (NTA) is issued and removal proceedings often depends on why the I-485 was denied. Certainly, ICE can pick someone up without notice, issue the Notice to Appear, and detain him/her or the NTA can be served by mail. As my colleagues have advised, I would definitely encourage you to speak with an immigration attorney who can review the circumstances specific to your case and give you a more accurate answer to your inquiry.
Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of all the facts. You should consult with an attorney to review all the facts specific to your case in order to receive advice upon which you can reasonably rely.
Unfortunately, under the Immigration and Nationality Act(The main laws dealing with immigration), the government is able to arrest a person that they believe is in the country illegally. Generally this happens when a person is arrested for some crime and ICE puts a "hold" on them if they have no status here. In your friend/family member's case it may be that his/her attempt to adjust status and get work authorization gave the government notice to his location, so they arrested him/her and now he/she faces removal. Without knowing what his/her Notice to Appear says and the facts of his/her case, I can only guess what will happen next. Your friend/family may want to try to get an attorney to help. Immigration Law is very complex and difficult to navigate even for non-immigration attorneys, so representing oneself would be very difficult.
The answer is yes - ICE can just come and pick up an immigrant who is status and detain that immigrant, but only if ICE has a validly issued, and served, charging document (Notice to Appear), or warrant. The likelihood of your loved one even receiving a Notice to Appear in the Executive Office for Immigration Review (EOIR or "Immigration Court") depends primarily on whether you are considered to be an "enforcement priority." The Department of Homeland Security has guidelines to determine who is an enforcement priority, and who is not. So, even if ICE is aware that someone, like the person you are concerned about, is present and without status (because of a denied I-485), there is still a good chance that nothing will happen. In the event ICE does arrive, it would be well worth it to consult with a good immigration lawyer who regularly practices in the areas of removal, bond, and detention. A good lawyer who works in these areas can help you prepare for the possibility of contact with law enforcement or immigration authorities, and can potentially make arrangements to help protect your loved one from detention and removal proceedings. For example, you should start preparing documentation that ICE would need to consider to make a release determination.
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