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USCIS/ICE vs Immigration Judges: Who seems to be tougher or lenient when it comes to deportation decision?

Los Angeles, CA |

I understand that it has to do with with evidence and all, but still if the attorneys here could answer this question based on their own experiences with both, it would be very helpful.

Attorney Answers 4


USCIS cannot deport you; but can place you in deportation proceedings in front of an Immigration Judge. ICE is the police for Immigration who enforces the deportation orders. As far as Judges being lenient? It varies, depending on the judge and jurisdiction.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney. If further assistance is needed please feel free to contact me and retain my services.

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USCIS has no authority to issue a deportation/removal order. USCIS can only place you in removal/deportation proceedings. ICE can only issue a deportation/removal order if you consent to such an order. Otherwise, ICE will seek your removal/deportation proceedings and argue why it believes you should be removed. The Immigration Jusge can order your removal/deportation. As to how likely it is you are to be ordered removed/deported, depends upon too many factors to assess in a public forum. You should consult an experienced immigration attorney for more case specific information.

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,, 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.

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USCIS has no authority to deport anyone. Immigration Judge do.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Immigration Judges decide whether someone will be deported. ICE executes the orders of deportation.

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