I filed Motion to Reopen after ordered deported in absentia. Can I be detained pending court outcome?
I filed Motion to Reopen after being ordered deported in absentia. I filed the motion to reopen to let me file for Asylum. If MTR is filed and since the order was taken out in "Absentia" and a stay of removal is granted, can I still be detained? DHS memo shows removal priority of aliens with final order of deportation but it does not address if a motion to reopen has been filed or if a stay of removal has been granted by IJ of ICE Office of Chief Counsel.
Can someone please answer this? I just need to know if MTR is granted and asylum filed OR if stay of removal is granted by IJ or OCC, can I be detained pending outcome of the court or future asylum applicatio. Currently I am on i-220b (OSUP) and have to see them in May.
In my opinion, yes, pursuant to the most recent DHS Kelly's Memorandum expanding the categories of detainable aliens.
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