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Immigration: whether a US citizen has due process upon landing in US airport from international flight

Burbank, CA |

Upon landing in a US airport, before being allowed to enter the country, I was held and questioned. Did I, a US citizen, have due process rights at this point? Immediately upon landing on US soil..

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Attorney answers 3


You had a right to an attorney before answering questions and you the right to know why you were being held and questioned. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.


Ms. Gasson is correct ... sort-of. You do have the right to an attorney AFTER primary and secondary inspection.

We have a thing called 'legal fiction'. The law says that you're not really on US soil until after you have been inspected-and-admitted.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I agree with attorney Cappriotti.

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.