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Immigration question regarding ICE and the removal procedure?

Scottsdale, AZ |

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.

Attorney Answers 6


  1. There is no requirement that ICE announce that they will be arresting someone to begin deportation proceedings.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. 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.

    Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.


  3. 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.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.


  4. 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.


  5. 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.


  6. 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.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Every client's case is unique and presents its own particular circumstances. Nothing on this website is meant to convey any promise, guarantee, or expectation as to the kind of results this law firm can or will obtain for any potential client, and such an assessment can only be made by the lawyer after the attorney-client relationship has been formally established.

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