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Deportation Manual

Deportation Manual

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Published by United We Dream
Courtesy of the Detention Watch Network, Deportation 101 is an intensive, one to two-day training, accompanied by comprehensive written materials,
that offers basics on the detention and deportation system and provides guidance on how to organize communities directly impacted by deportation. Created by community organizers, legal experts, and advocates,
this curriculum teaches immigrant families, loved ones, and communities how to understand and develop
individual and community responses to this system – inside and outside the courts.
Courtesy of the Detention Watch Network, Deportation 101 is an intensive, one to two-day training, accompanied by comprehensive written materials,
that offers basics on the detention and deportation system and provides guidance on how to organize communities directly impacted by deportation. Created by community organizers, legal experts, and advocates,
this curriculum teaches immigrant families, loved ones, and communities how to understand and develop
individual and community responses to this system – inside and outside the courts.

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Published by: United We Dream on Feb 25, 2011
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forms of relief discussed. We recommend getting further advice when pursuing any forms of relief. This chart is based on a similar
document produced by Bryan Lonegan when he was with the Immigration Law Unit of the Legal Aid Society of New York. Revisions
of the chart have been provided by the National Immigration Project, the Immigrant Defense Project, and Detention Watch Network.

Form of Relief

Requirements and Bars

Adjustment of
Immigration Status

In general, an immigrant who has been admitted or paroled and who has an
approved petition can adjust status if s/he:
• Makes an application to adjust,
• Is eligible for an immigrant visa and is admissible, and
• Has an immigrant visa immediately available.

**NOTE: If the immigrant entered without inspection, a petition must have been fled
on or before April 30, 2001.

Cancellation
of Removal for
Lawful Permanent
Residents

A green card holder can apply for this waiver in immigration court if s/he:

• Has continuously resided in the US for 7 years before: (1) commission of a criminal
ofense that results in him/her being removable, or (2) being served a Notice to
Appear,
• Has had a green card for at least 5 years,
• Has positive factors that outweigh negative factors, and
• Has not been convicted of an aggravated felony.

212(c) Waiver for
Lawful Permanent
Residents

A green card holder can apply for this waiver if s/he:

• Has resided in the US for 7 years,
• Pled guilty before April 2, 1996 to an inadmissible ofense or a deportable ofense
referred to in the inadmissibility grounds,
• Has not served a term of imprisonment of 5 years or more, and
• Has positive factors that outweigh negative factors.

212(h) Waiver

A person can waive certain inadmissible ofenses if the ofense is not a drug ofense
(unless it is a one-time simple possession of 30 grams or less of marijuana) and:

• Denial of the person’s admission would cause “extreme hardship” to a US citizen or
lawful permanent resident spouse, child, or parent

OR
• Inadmissible activities occurred more than 15 years ago and the person is
rehabilitated

OR
• The person is only inadmissible for prostitution-related grounds and the person
is rehabilitated

**NOTE: If the person is a lawful permanent resident, s/he must not have been
convicted of an aggravated felony and must have resided in the US for
at least 7 years

Please note: This chart is not an exhaustive list of all forms of relief and does not provide all of the requirements and bars to the

Section 2: Detention and Deportation System 43

Form of Relief

Requirements and Bars

Cancellation of
Removal for Non-
Lawful Permanent
Residents

A person who is not a lawful permanent resident can apply for this waiver in immi-
gration court and secure a green card if s/he:
• Has been continuously present in the US for 10 years before: (1) commission of an
ofense that results in him/her being removable on criminal grounds, or (2) being
served a Notice to Appear,
• Has demonstrated “good moral character” for at least 10 years, and
• Can show that his/her deportation would cause “extreme hardship” to a US Citizen
or lawful permanent resident spouse, child, or parent.

VAWA Cancellation
of Removal

If a person’s spouse or parent is abusive, s/he can apply for this waiver to secure a
green card if s/he:
• Has been continuously present in the US for 3 years,
• Demonstrates “good moral character,” and
• Is admissible and does not have any aggravated felonies.

Persecution-
Based Relief

These forms of relief are for people who are afraid of going back to their country of
origin

Asylum – To qualify s/he:

• Must be unable or unwilling to return based on a well-founded fear of persecution
on account of race, religion, nationality, membership in a social group, or political
opinion,
• Generally must apply within 1 year of arrival to US, and
• Must not be convicted of an aggravated felony or a “particularly serious crime”

Withholding of Removal – This form of relief prohibits a person’s removal.
To qualify s/he:

• Must show that his/her life or freedom would be threatened because of race, reli-
gion, nationality, membership in a social group, or political opinion, and
• Must not be convicted of a “particularly serious crime” or aggravated felonies with
an aggregate sentence of 5 years or more

Convention Against Torture – This form of relief prohibits a person’s removal.
To qualify s/he:

• Must show that s/he would suffer severe pain and suffering in the country of

origin,

• Must show that the pain or sufering would be intentionally inficted for an illicit
purpose by or at the instigation or with the acquiescence of a public ofcial, and
• Must show that the pain or sufering would not arise from a lawful sanction.

Special Immigrant
Juvenile Status
(SIJS)

A juvenile can be eligible for SIJS if s/he:
• Has been deemed to require long-term foster care by a juvenile court OR has been
committed to the custody of a state agency due to abuse, neglect, or abandon-
ment, and

• Is less than 21 years of age and unmarried at the time the application for SIJS is

approved.

44 DEPORTATION 101 Revised May 2010

Form of Relief

Requirements and Bars

Special Visas (S, T,
and U)

These visas require cooperation by law enforcement.

S Visa:

• For people who provide important information about a criminal or terrorist
organization.

T Visa:

• For victims of trafcking.

U Visa:

• For people who have sufered substantial harm as a result of being the victim of

a crime.

Temporary Protected

Status (TPS)

A person can secure temporary permission to stay in the US and work lawfully if s/he:
• Is from a designated country (such as Haiti, El Salvador, Nicaragua, and Honduras),
• Is admissible, and
• Does not have any felonies or 2 or more misdemeanors.

Voluntary Departure

A person can get 120 days to leave on his/her own and not get an order of removal if
s/he:

• Does not have any aggravated felonies,
• Has not previously been ordered removed, and
• Is not an “arriving alien”
If a person requests voluntary departure at the end of removal proceedings, s/he can
get 60 days to leave on his/her own if s/he:
• Has been physically present in the US for 1 year or more, and
• Demonstrates “good moral character” for fve or more years.

Section 2: Detention and Deportation System 45

After the immigration judge (IJ) makes a decision on your
case, you or the Immigration and Customs Enforcement
(ICE) attorneys have the opportunity to fle an appeal on the
decision. Often, once you have your last hearing in immigra-
tion court, the rest of the deportation proceeding is a paper
process – that is, you will submit motions and fle briefs to
various places, but more than likely will not return to see
a judge, unless your case is remanded from a higher court
back to the IJ.

If you are ordered deported in immigration court, you can
appeal the IJ’s decision to the Board of Immigration Appeals
(BIA). The BIA reviews appeals of IJ decisions, reviews
motions to reopen or reconsider, and can issue fnal orders
of deportation. Appeals of IJ decisions must be fled within
30 days of the decision date.

If the BIA denies your appeal you have 30 days to fle a Peti-
tion for Review to the federal circuit court of appeals that
has jurisdiction over your case. The circuit court that has
jurisdiction over your case is based on the location of the
immigration court where you were ordered removed. For
example, if you are a resident of New York, but the immi-
gration judge ordered deportation on your case while you
were being detained in Texas, you must fle the Petition for

Review in the 5th

Circuit Court of Appeals, which has juris-
diction over cases from Texas. But keep in mind that there is
only limited review available in federal court.

PLEASE NOTE: Since the REAL ID Act passed in
2005, the federal district courts no longer can
hear petitions challenging removal orders.
The district court can only hear writ of habeas
corpus petitions challenging your custody in
detention. Appeals on a writ of habeas corpus
decision by the district court can be fled to the
federal circuit court that has jurisdiction over
your case.

If the federal circuit court denies your Petition for Review,
you have 45 days to fle a writ of certiorari to the US Supreme
Court. The Supreme Court reviews circuit court of appeals
decisions. It only chooses to accept a very limited number
of cases.

Keep in mind: You may be deported even if you have
appeals or petitions pending! You should consider filing
a Motion for a Stay of Removal along with any motion to
reopen or reconsider or any Petition for Review.

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