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Is there a way to challenge an illegal reentry charge after being deported by CBP and not an immigration judge?

Dallas, TX |

I am a US citizen married to a non-citizen. He was recently detained by ICE during a raid. He present his Matricula Consular to proof that he was not the person that they were looking for. After verifying his identity he was still taken to a detention center for having a criminal background. Right away I got him an immigration lawyer expert in waivers. The plan was to stop the deportation but due to several errors that the officers did while processing him ,the lawyer and the immigration system/clerk were unable to locate him. Later we found out that he was registered under a wrong name and A#. Suddenly, without notice or opportunity to speak to his lawyer or judge, my husband was deported. No bar notice was given or any other document. Later he was detained by CBP/USM trying to come back.

The immigration attorney that I retained is not certified to work in the federal court. Another issue is that the immigration lawyer is in Dallas and my husband is having his courts in Laredo, Texas. I would need an attorney that can represent him in the federal court and who has extensive experience in illegal reentry cases.

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Attorney answers 4


Since you have an expert counsel let him do what he can for you and not you do his work.


I agree with my colleague. The immigration attorney you retained can examine all of the facts of his case and provide him and you with a legal opinion as to what options are available under current immigration law. Any comments we could make would be speculation without knowing all of the facts.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


You should have your immigration attorney assist as they are in the best position to help you.

Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


Listen to your attorney. This will likely turn on your potential eligibility for relief and what a cbp foia says you said when you were interviewed at entry. What were the grounds for your expedited removal and were your rights to due process violated. Then, if you re-enter without authorization, how much of a stomach for detention do you have? Maybe a family member can help you avoid multiple unlawful entries. Also, if you re-enter, you may be subject to federal prosecution for unlawful re-entry. Good luck.