Deportation & Removal without a Hearing
§ 235 of the Immigration
and Nationality Act of 1952 ("Act"), Pub. L. No.
82-414, 66 Stat. 163,
8 U.S.C. § 1229.
8 C.F.R. § 235.2 (1998)
Copyright © 1999 VIKRAM BADRINATH, P.C. · All rights reserved. ·
With passage of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Congress attempted to "crack down" on aliens who attempt to unlawfully reenter the United States at a Port of Entry by means of fraud, misrepresentation, or just a failure to have a vaild, unexpired visa or permit. In order to prevent recidivism, and to punish those who return illegally after being deported, Congress enacted a new, extremely harsh provision of law that divests an Immigration Judge or the Federal Courts to review certain removal orders. This is, perhaps, the most draconian law ever enacted under U.S. immigration law.
Application of Law
Under § 235 of the Immigration and Nationality Act, the U.S. INS and Border Patrol agents may order any "arriving alien" expeditedly removed for a period of years (period contingent upon section of law) if they enter the United States without the proper documentation (visa, permit, etc.) or the alien attempts to commit some type of misrepresentation. See §§ 212(a)(6)(C) or 212(a)(7) of the Act. Usually, this new provision is being applied to aliens who make false claims to United States citizenship or present false information to U.S. INS agents or Border Patrol officials. This process is immediate and occurs at the same time the alien is determined to be inadmissible to the United States. There is no oppotunity to speak with an attorney, have a hearing before an Immigration Judge, or other opportunity to plead your case. Moreover, there is no appeal or administrativ review of an expedited removal order. The Attorney General has the sole and exclusive jurisdiction to modify and or alter expedited removal orders. It may be possible, however, to bring suit against the U.S. INS in a Federal District Court to challenge any Expedited Removal order made under § 235(b)(1) or enter declaratory, injunctive, or other equitable relief as deemed necessary by a court of competent jurisdiction (includes certification of a class). See § 242(e)(1), (2).
If this occurs and an alien is ordered expeditedly removed, then he may not enter the United States without first obtaining permission from the Attorney General to reapply after deportation/removal. In this situation, the alien must first file a special application called an Application to Reapply for Admission after Deportation/Removal (Form I-212). Without first obtaining an approval using this form, if it is discovered that one was expeditedly removed, he could be detained at an U. S. INS facility and set up for a formal deportation proceeding. In the alternative, the U.S. INS may simply reinstate the prior order of removal. For more information about reinstatement of removal orders, click here.
For more information about Expedited Removal, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.