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Lesson Plan Overview

Course tRefugee, Asylum and Special Status Aliens I
Course Purpose To introduce trainees to laws, regulations, and eligibility
equirements pertaining to refugees, asylees and other special status
aliens, specifically those covered under Temporary Protected Status
(TPS):
lField Performance /Given field situations, DRO officers/agents will be able to
Objective Itmderstand the process of obtaining refugee, asylee and Temporary
!protected Status.
~terim (Training)' 1. Identify the eligibility requirements for obtaining refugee
lPerformance Objectives status.2. Identify the eligibility requirements for
obtaining asylum status.
3. Identify the eligibility requirements for obtaining Temporary
Protected Status (TPS).
4 .. Identify the Orantes Injunction
~. Identify the required procedures for Orantes
iInstructional Methods Two Hour Lecture
\Method of Evaluation Multiple Choice Examination
ITraining Aids iOverheads. Chalkboard, Handouts
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(Those used in this lesson are highlighted)
~t1 1(~ -- f)i - [1] R&~
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Show Overhead Conduct Play Distnbute Conduct Quiz Question and
Transparency Exercise Videotape Handout Answer Period
!Student Materials! ~ctivity Preparation Workbook
lReferences
Instructional Equipment Overhead Projector, Chalkboard ICE ACADEMY APRIL 2006

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PVERHEADS

'1. tItle

~. FIeld Performance Objective

3. Interim Performance Objectives

4. Introduction Purpose of Course

5. Refugee Status Overview (Background)

6. Refugee Status Overview (protection of Refugees)

7. Refugee Status Overview (Refugee Act 1980 Definition)

8. Refugee Status Overview (Refugee Act 1989 Definition)

9. Refugee Status Overview'(Persecution)

10. Refugee statUS' Overview (Refugee Processing)

11. Refugee Status Overview (Application Process)

12. Refugee :StatuS OverView (Ineligibility)

13. Refugee Stanis 'Overview (Refugee Admission»

14. Asylum Status Overview (General Requirements) IS. Asylum Status Overview (Application Process)

16. Asylum Status Overview (Adjudication Process)

17. Asylum Status Overview (Adjudication Process)

18. Asylum Status Overview (Adjustment of Status)

19. TPS Status Overview (Introduction)

~o. TPS Status Overview (Designation ofTPS) ~ 1. TPS Status Overview (Benefits)

~2. TPS Status Overview-Ilsesignated Countries)

~3. TPS Status Overview (Eligibility Requirements) ~4. TPS Status Overview (Filing FeelRequirements) 125. TPS Status Overview (EVigentiary,Requirements) ~6. TPSStatu.s Overview<(Inadtrlissibili'ty) , [27. THE END

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I. INTRODUCTION

A.PURPOSE OF COURSE

This course is designed to identify laws, regulations, and eligibility requirements pertaining to refugees, asylees and other special status aliens, specifically those covered under Temporary Protected Status (TPS).

B. INTERIM PERFORMANCE OBJECTIVES

The objectives for this course are as follows:

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Identify the laws, regulations and processing guidelines for refugees.

2.

Identify the laws, regulations and processing guidelines for asylees.

3.

Identify the laws, regulations and processing guidelines for Temporary Protected Status (TPS).

C.

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TATUS OVERVIEW SECTIO ::s::~~ '101'- ios h S E..:,J.; ....... "

WWI and WWII created mass movement and displacement of people. After WWII, legislation was enacted to provide for immigration of displaced persons by nationality.

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The Office of the United Nations High Commission for Refugees (UNHCR) was established on January 1, 1951.

The INA., passed in 1952, did not expressly contain provisions to handle the resettlement of refugees or displaced persons. The

Refugee Relief Act of 8/7/53 was developed in order for the US to fulfill its international obligations for the immigration of refugees.

The.INA was amended in 1965 to provide for the resettlement of refugees as a category of immigrants. Persons fleeing persecution brought to US as conditional entrants or parolees. In 1980, Congress passed the Refugee Act defining the term "refugee".

The 1980 Refugee Act established a politically and geographically neutral adjudication standard for both asylum status and refugee status, to be applied equally to all applicants regardless of their country of origin.

Congress created two separate programs to provide protection to refugees:

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One applies to refugees outside the U.S. (Refugee) Other applies to refugees inside the l!.S. (Asylum)

(2) 1980 REFUGEE ACT

101 (a)(42) (A) INA defines the term refugee to mean:

"any person who is outside any country of such person's nationality or, in the case of a person having no nationality. is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is u,n~le or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of

'persecution on account of race, religion, nationality, membership in a particular social group, or

political opinion ... " '

" ... The term 'refugee' does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. It

"'>'.\ • l'''':'''''''''''''''' ": .. ~.,-,

"For purposes of determina:nons under this Act, a person who has been fdrG~d to abort a

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pregnancy or to uriderg~jn:v:olun~.~~~!!QE:~ .. ~r~,~~?.~,k~~f p~secutep f~r failure or refusal to undergo ~l:J:.qlJ.~a lW~eg~e .9~!f.~f:0ther resistance to a COeI'1!Ve p0p';U1ation control program, sball be deemed J!P.Jl~Y~ ,peen persecuted on account of political 'Opinion, and a person who has a well-founded fear ~at he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have awell-founded fear of persecution on account of political opinion."

Last paragraph added to section 101(a)(42) of the ]NA by IIR1RA in 1996. During any fiscal year, not more than a total of 1,000 persons who fall within this provision (coercivefamily planning) may be admitted as refugees or granted .asylum,

There is a yearlylimit of how many refugees may be ADMITTED to the U.S. This changes depending yearly and is based on world events (e.g. war, civil strife). The President authorized the admission of up to 70,000 refugees to the United States during FY 2005.

'(3) ~ERSECUTION

There is no universally accepted definition of persecution, only guidelines from the UNHCR Handbook.

Persecution is generally:

Based on past persecution (90%) OR

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A well-founded fear of future persecution (10%).

Persecution must be on one of the five 'protected grounds:

Race, Religion, Nationality,

Membership in a particular social group, Political opinion.

(4) REFUGEE PROCESSING APPLICATION PROCESS

Refugee Application (Form 1-590).

Biographic Information (Form G-325C) (14 yr. and over).

All applicants are interviewed by an Immigration Officer under oath. The burden of proof rests with applicant to establish eligibility. If eligible, applicants are required to undergo a medical examination and must obtain sponsorship prior to coming to U.S. Spouse and unmarried minor children entitled to same status if accompanying or following to join, the principal applicant Spouse and children do not need to establish their own refugee claim.

(5) INELIGIBILITY

Applicants will be ineligible for refugee status if:

They are resettled in third country. They are considered to be resettled if they are offered resident status, citizenship or some other type of permanent resettlement by a country other than the US 'and traveled to and entered that country as a consequence of his/her flight from persecution.

They qualify as the immediate relative of a USC or as a special immigrant. Relative must petition for individual as an immediate relative.

They do not fall within designated nationalities and processing priorities, as designated by the President.

Applicants must be admissible. All inadmissibility grounds apply EXCEPT:

212(a)(4) Public Charge 212(a)(5) Labor Certification

212( a)(7)(A) Documentation Requirements

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Secretary for HS may waive all other inadmissibility grounds EXCEPT:

212(a)(2)(C) Drug Trafficking 212(a)(3)(A) National Security 212(a)(3)(B) Terrorist Activity 212(a)(3)(C) Adverse Foreign Policy 212(a)(3)(E) Participants in Nazi

persecution or genocide

(6) REFUGEE ADMISSION

Applicants are admitted into the US with an 1-94. The 1-94 will be endorsed "Admitted as a Refugee pursuant to Section 207 of the Act for an indefinite time. !fyou depart the U.S. you will need prior permission to return. Employment authorized."

Refugee Admission Codes:

RE-l Principal RE-2 Spouse RE-3 Child

At port of entry, the refugee's travel packet will be forwarded to the File Control Office (FCO) with jurisdiction over refugee's place of residence.

(7) TRAVEL AFTER ADMISSION

Refugees may depart the US after admission. however, they must first obtain a Refugee Travel Document (Form 1-571).

Application for Travel Document, Form 1-131, is filed with Lincoln Nebraska Service Center.

Refugee Travel Documents are valid for one year.

(8) ADJUSTMENT OF STATUS

Refugees are eligible to apply for permanent resident status one year after admission as a refugee.

Adjustment codes:

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RE-6 Principal RE-7 Spouse RE-8 Child

D. ASYLUM STATUS OVERVIEW INA SECTION 208

(1) ASYLUMREFORM

lO/()1/90; Final Asylum Regulations were published establishing the Asylum Corps. INS opened eight Asylum offices between 1991-1994. There are currently approximately 300 asylum officers.

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01104/95: "Reform" New regulations were established to speed up the asylum process due to huge backlogs in applications. As the backlog grew the asylum system became more vulnerable to fraud and abuse. Malafide applicants could file fraudulent claims and obtain work authorization while their request remained pending for years in the backlog. The reform' . decoupled employment authorization from asylum to the extent that applicants can no longer

apply for it the same time they apply for asylum. '

(2) GENERAL REQUIREMENTS

The applicant must be physically present in the U.S., or seeking admission at a port of entry, regardless of status, to be eligible to apply for asylum. The Secretary for HS may grant asylum to an applicant who meets the definition of "refugee" in lOl(a)(42). This authority has been delegated to Citizenship and Immigration Services (CIS).

No yearly limit on number of persons granted asylum status. Except: Coercive family planning, yearly limit of 1,000.

Affirmative Applications: Filed with Service Center by mail. Asylum Officers adjudicate or refer to Immigration Judge (IJ). This is a non-adversarial interview.

Defensive Applications; Before an IJ after institution of removal, deportation, orexclusion proceedings or applicant attempted to enter the US at a port-of-entry without proper documents. This is an adversarial court hearing.

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(3)

APPLICATION PROCESS

Asylum Application (Form 1-589)

One-year filing deadline lNA. Application must be filed. within one year after the alien's arrival in the U.S. when entering on or after April 1, 1997. Only an Asylum Officer, D, or BIA can determine if one-year deadline has been met.

Prior denial of Asylum application by an IJ or BIA makes an alien ineligible to apply for asylum.

Safe Third Country: If they can be returned to a "safe third country," applicant is ineligible for

asylum. .

"Safe" countries must have agreement with U.S. To date, no agreement exists.

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(4) ADJllDICATION PROCESS ~,,4.v~V

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a. Asylum Officers adj'udicate affirmatively filed 1-589s. Officers conduct a non-adversarial interview, research legal issues and country conditions.

Grants:

Receives recommended approval letter, Records check must be completed,

May apply for employment authorization,

After final approval, may petition for spouse and children to join on Form 1-730.

Referrals:

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If not eligible, Asylum Officer refers to IJ for removal, deportation pr-oceedings; Applicanthas

opportunity to present claim to IJ. .

Denials:

Statutory Grounds for Mandatory Denial (208(b )(2)):

Assisted in persecution of anyone,

Convicted of serious crime, aggravated felon, Danger to community and U.S.,

Danger to U.S. security,

Terrorist Activity,

Firmly resettled. in another country,

Reason to believe alien has committed a serious non-political crime outside U.S. prior to arrival.'

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If in lawful status when denied, goes back to original status, not referred to D. Applicant can rebut the denial .: Applicant may not appeal Asylum. Officer's final decision.

Employment Authorization, I-765, Service Center:'

180-day "clock." Applicant can apply for EAD asylum application is recommended for approval, OR

If asylum application is still pending 150 days after CIS receives a complete application.

If decision still pending on the 180th day, applicant is eligible to receive employment authorization.

h. Immigration Judges adjudicate defensive asylum. applications.

Aliens are placed into defensive asylumprocess in one of two ways:

They are referred to the IJ by Asylum Officer who did not grant them asylum, or

They are place in removal proceedings because they are undocumented or in violation of their status or caught attempting to enter the US without proper documentation and were found to

have a credible fear of persecution. ' '

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c. Expedited Removal:

Most undocumented aliens stopped at a US port-of-entry may be subjected to expedited removal. For persons other than genuine asylum. seeker, refusal of admission and/or removal from the US can be effected quickly. Aliens who express fear of removal are referred to Asylum Officer for credible fear interview.

If found to have credible fear, they are referred to an IJ to hear and judge the claim.

If credible fear is not established, the alien is issued a Notice and Order of Expedited Removal, Form 1-860. The alien can request review of asylum. officer's decision before the D. If the IJ concurs with asylum officer, alien is subject to expedited removal.

If the IJ finds applicant has credible fear, expedited removal order is vacated, alien placed in removal proceedings before IJ, where he/she may file asylum application.

If alien does not dispute asylum. officer's negative decision, subject to expedited removal.

d. Withholding of Removal.:

Asylum Officers and IT's may consider applications for withholding of removal or deportation,

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however; the standard is higher than asylum.

e. Termination of Asylum Status:

IPs and Asylum Officers may terminate the asylum status if the alien is no longer a refugee. The alien is placed in removal proceedings. Status can be terminated for several reasons including:

Change in country conditions. Fraud.

Any act that would have been grounds for denial.

f. Derivative Refugee! Asylee Benefits: Spouse or child who qualifies for admission as a refugee or granted Asylum is accorded same status if accompanying or following to Join

PR];{C]}> AL (I-73 0). '

(5) ADJUSTMENT OF STATUS

Provides for adjustment of status to lawful permanent resident of persons granted asylum status.

Asylees may apply for lawful permanent resident status after one year on Form 1-485 at CIS

Office over residence. . .

Asylee Adjustment of Status codes:

AS6 Principal AS7 Spouse AS8 Child

10,000 adjustments allowed per year. Once limit met, applications are placed on a waiting list. Priority established by the date application was properly filed with CIS.

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E. TEMPORARY PROTECTED STATUS

(1) INTRODUCTION

Prior to 1990, there was no real statutory authority to allow people to remain in the United States (US) because of events in a home country, even though it was obvious that we could not always require someone to depart the US for a country where they would be in danger, or when the home country could not absorb the return of its citizens or nationals.

TIS was created by IMMACT 90 to be a humanitarian program that allowed the Attorney General to permit certain aliens, from designated countries or parts of countries, to remain in the US until the events in their home countries are resolved.

On March 1, 2003, pursuant to the Homeland Security Act of 2002, the authority to designate a country for TPS, and to extend and terminate TPS designations, was transferred from the

Attorney General to the Secretary of Homeland Security. _ ~ A £ d v~ W

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(2) DESIGNATION OF COUNTRIES FOR TPS \-" J

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The Secretary of Homeland Security may decide to designate a foreign state or part of a state as eligible for TPS because of one or more of the reasons stated below:

Ongoing war or armed conflict that would pose a serious threat to personal safety if the alien were returned.

Natural disaster such as a flood, earthquake, drought, epidemic, or other environmental disaster resulting in a substantial but temporary disruption of living conditions in the area.

The country is temporarily unable to handle the return of aliens who are nationals of that country.

The country has officially requested designation.

The Secretary of Homeland Security finds there are extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state/country in safety.

( 3) BE1'.TEFITS OF TPS

Once TPS is granted,' it gives the alien a temporary stay of deportation. In other words, the alien cannot be removed from the US during the period of which the status is in effect.

Authorizes the alien to, engage in employment in the US and provides the alien with an

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employment authorization.

Offers the alien a temporary non-immigrant status. the alien shall be considered as being in and maintaining, lawful status as a non-immigrant (for purposes of adjustment of status under section 245 and change of status under section 248).

May travel abroad with prior consent by the Secretary of Homeland Security.

a. COUNTRIES CURRENTLY DESIGNATED'

Burundi

Honduras

Liberia

E~ Salvador

Nicaragua

Somalia

(4) ELIGffiILITY REOUIREMENTS

Must be a national as defined in § 101 (a)(21) of the ACT of a foreign state designated Under §244(b) oftht;llNA.

Has been continuously physically present (CPP) in the US since the effective date of the most recent designation of that state.

Has continuously resided (cIt) in the US since such date as the Secretary of1{S may desi~e.

Is admissible as an immigrant

Is not ineligible under §244(c)(2)(B) of the Act. (Convicted oiany felony or two ormore misdemeanors in the US) ,

Must register for TPS during the initial registration period announced by public notice in the

Federal Register, or . .

During any subsequent extension of such designation if at the time of the initial registration period certain requirements are met.

(5) FILINGANDFE~REQ~MENT~ ,

Form 1-821 with supporting documentation.

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Form 1-765 with supporting documentation.

Applicants who want work authorization need to submit a fee.

Applicants who do not want work authorization still need to submit Form I-765 butwithout fee and should annotate that the 1-765 is for "Registration Purposes Only."

A biometric service (fingerprint) fee is required.

Fee waiverrequests will be considered for formes) 1-82lJl~765 only. Fingerprint fees cannot be waived

(6) EVIDEl'"TIARY REQUIREMENTS

Evidence ofIdentity and Nationality (if available)

If documents are unavailable, applicant shall file an affidavit showing proof of unavailability.

, Nationality can be determined from items such as: Passports, birth certificates, national identity documents.

The applicant may also be an alien having no nationality but may have habitually resided in the country.

Headquarters guidance has leaned toward an adjudicative philosophy based on an absence of negative information ... in other words, the Service presumes eligibility for this benefit unless there is hard evidence that proves otherwise.

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TPS eligibility is not affected by being in or out of status or by manner of entry into the US (EWI, parole, lawful admission, etc.)

In addition, an alien may also be eligible for TPS if they are in detention, In fact, many aliens are released or may be released as a result of the TPS designation. Alien may be eligible even though. they are subject toreinstatement of a previous order of deportation, exclusion, or removal.

If an alien receives TPS and they are subject to a previous order of deportation, exclusion, or removal; execution of the order will be stayed during the period ofTPS designation and extension.

(7) INADMISSIBILITY GROUNDS FOR TPS

Most grounds of inadmissibility under 212(a) 'can be waived or do not apply to TPS applicants.

However the following grounds cannot be waived:

212(a)(2)(A) Criminal & related - conviction of certain crimes (CIMT) 212(a)(2)(B) Criminal & related grounds - multiple criminal convictions 212(a)(2)(C) Criminal & related grounds - controlled substance traffickers 212(a)(3)(A) Security & related grounds - in general

212(a)(3)(B) Security & related grounds - terrorist activities

212(a)(3)(C) Security & related grounds - foreign policy

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212(a)(3)(D) Security & related grounds - immigrant membership in totalitarian party 212(a)(3)(E) Security & related grounds - participation itt Nazi persecutions or genocide Convicted by a final judgment of a particularly serious crime end constitutes' a danger to the community of the United States.

An applicant is ineligible for TPS if:

The applicant has been convicted of any felony or two or more misdemeanors as described. in 8 CFR244.1,

Is an alien as described in 208(b)(2) of the INA:

Ordered, cited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion,

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Serious reasons for believing that the alien committed a serious nonpolitical crime outside the

United States prior to arrival in the United States,

Reasonable grounds for regarding the alien as a danger to the security of the United States. or The alien was firmly resettled in another country prior to arriving in the United States.

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F. SPECIAL PROCEDtJRES UNDER THE ORANTES INJUNCTION

(1) THE ORANTES INJUNCTION

In 1989. the U.S. District court entered a permanent injunction against the INS based upon practices by Border Patrol agents and INS officers in processing El Salvadorans (Oranies-Hernandez v. Meese. 685 F.Supp. 1488 (C.D. Cal. 1988)).

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The class members of the injunction include all citizens and nationals of EI Salvador who have been taken or will be taken into custody without a warrant pursuant to § 287 of the INA.

(2) THE ORANTES AFFECTS

(3) THE ORANTES REQUIREMENTS

The injunction requires that ICE (INS) officers:

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a. Not threaten, misrepresent, or coerce class members into accepting voluntary . departure by:

• Misrepresenting the meaning of asylum and giving improper and incomplete legal advice;

• Telling class members that if they apply for asylum they will remain in detention for a long time, and misleading them about bond;

• Telling class members their asylum applications will be denied. that Salvadorans do not get asylum, or that only guerillas or soldiers get asylum;

• Telling class members the information on their asylum application will be sent to EI Salvador;

• Telling class members that asylum applicants cannot return to EI Salvador;

• Telling class members they will be transferred to remote locations if they do not take voluntary departure;

• Telling class members about the negative aspects of a deportation hearing without informing them of the positive aspects;

• Refusing to allow class members to contact an attorney; and,

• Making daily announcements about the availability of voluntary departure.

b. Inform class members of their right to be represented by an attorney, to request a deportation hearing, and to apply for political asylum;

c. Provide class members with a copy of the 1-826 Notice of Rights and Request for Disposition and a copy of the free legal services list;

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d. Inquire whether the class member can read, and if s/he cannot read" the Advisal Form shall be read verbatim to the class. member in Spanish and English;

e. Have the class member sign the 1-826 to acknowledge that the aforesaid notices have been provided; and, after being made aware oft:Q.eir options, have the class member complete the 1-848 Request for Disposition ofSalvadorans to indicate whether they elect to appear before the immigration judge or to voluntarily depart.

f. Provide telephone access during processing. Once, biographical information is

obtained from the class member, slhe must be provided With access to a telephone

, if s/he requests to make a call.

,~,.t:'.J~7r·,,_~_·J:;\·_1 ~. "

, P ,. ,j g~.c tPi-ovide and maintain updated and accur~e lists of organizations providing free

legal services.

h. Give counsel 24 hours advance notice of the date, time, and place of the intended removal before removing the class member from the U.S.

1. Permit counsel to rescind a voluntary departure agreement,

j. Allow counselor paralegals to visit between 9:00 a.m. and 9:30 p.m., excluding such time as IS necessary for reasonable security procedures. Class members may meet with their legal representatives during meal hours if they chose.

k. Provide at least one telephone per twenty-five (25) detainees at detention centers and ensure confidentiality in communications. ,

1. Allow class members to receive and possess legal materials explaining U.S. immigration law and procedure. Allow possession of other written materials that de) not conflict with institutional security. "

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m. Provide writing materials, access to typewriters, legal materials regarding immigration matters in Engllsh and Spanish; and access td detention center law

libtfules.' ,

n. Not place class members in solitary confinement for mote than 24 hours without written notice of the charges, an opportunity tor a hearing before impartial factfinders; and a 'Written statement of the reasons foranyaction.

o. Not transfer unrepresented class members from the district (FOD) of apprehension fot at least seven (1) days. When a class member obtains counsel during the 7-day period, s/he can be transferred, but must be returned to the district Where the counsel is located for any proceedings. The class member must be returned

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sufficiently in advance of any proceeding, generally 2 business days, in order to allow the detainee adequate time to consult with counsel.

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Name of Alien~ ~~ __

NOTICE OF RIGHTS TO SALVADORANS

You have been arrested because immigration officers believe you are illegally in the United states. In the United States, you have legal rights when you are arrested. No one can take these rights away from you. This notice will explain those rights to ypu. You must sign below to show that you have received a copy of this notice and understand it. Read tliis notice ,carefully berore you decide what you wish to do. You should not s1gn anyth~ng else until you have had the opportunity to read tnis notice and understand your rights -.

RIGHT TO APPLY FOR POLITICAL ASYLUM

If you fear persecution because of your race, religion, nat~onali ty , membership in a particular social group I or pol~tical opinion, you may request: p'olitical asylum. If you wish to apply for politl.cal asylum', you should advise the offl.cer who gave you this notice. An imml.gration judge will decide if you will 15e given or denied political asylum.

RIGHT TO BE REPRESENTED BY AN ATTORNEX

If you have any doubt or question regarding any of your rights, you can speak with an attorney who can explain~your rights. The officer wno gave you this notice will give you a list of attorneys who will speak to you for free. You have the riqht to use a telephone to ca,ll an attorney., If you wish to ca-rl an attorney I you should l.nform the off~cer. You may contact an attorney a~ this time or at any time prior 'to your departure from the United states.

RIGHT TO A HEARING BEFORE A JUDGE

If you do not want to return to El Salvador,You have a right to a hearing before an immigJ;ation judge who will determiI')e whether you may stay in or must leave tne United States. At thl.S hearing you can exPlain to the judge your reasons for not wanting to return to El Salvador. If you request a : hearing, you may be represented at the hearing by an attorney at your own expense. If you cannot afford an a'ttorney r you may contact one of the attorneys who provide free legal services.

·RIGHT TO BE RELEASED ON BOND

You may be eligible to be released on bond. To insure your presence at all nearings and other re~ired appearances, you may be detained unless you are able to post a sum of money whl.ch you will lose if you do not appear. If you appear at all regu,ired hearings. and other requests for appearance L your money: will be returned to you. You nave a r~gh~ to ask ~he immigra~ion judge to lower the amount of your bond.

RIGHT TO REQUEST VOLUNTARY DEPARTURE

If you want to return to El Salvador, you may ask to be allowed to aepart on the first available transportatl.on. By agreeing to depart vol untarily I. you qi ve up _your rig)lt . to a deportation hearing and. your rl.g:fit to apply fOr polii!l.cal asylum. If you request to depart voluntarily and then change your mind at any time before you actually go home~you may still request a bearing before a juage. You may also maKe a request to tne judge at the bearing to depart volun~arily.

COMMUNICATION WITH CONSUL

You may talk to the consular or diplomatic officer of your country. If you wish to do so~ your attorney or the officer who gave you this notice may be aole to help 'You get Ln touch with the proper person.

I h~;: received~-~opy of this notice. I understand my ri~hts~

------ - -

1 ,

,

1

RE~UEST FOR DISPOSITION

I understand my op a.ens and 1 request one of the following dispositions of my case.

1. I wish to reqUest a hearing • before an irninigration judge to determine whether I may remain ~n.r or w,ill be removed 'Irom the United states. ,I .unde.rstand ; that ~f I w~sh to request political asylUm I must request a hear~ng.

Date and Time,~~~ ~ _

Sl.gnature

w~tness

2. I admit tha I am in the ,United states illegally.' I wish to give up my . t to a hearing be:.t'ore an ,ilJllllj,.gratiion judge and return to my ome country on the.fl.rst ava~lable transportation. I uhde.rstand.at I may pe held~p qetention until my aeparture. I also underst~nd that5 ~f the Un~ted states GoyerIlll\erit 'pays. for my' transportat~on to my yc.runtn", I cannotl;eturn for five years un:I.ess r obta~n permi:ssl.on from the attorney general of the

'Un~ ted states.· .' ' , ' ,

Date and Time, __

Sl.qnature '

___ Form read by alien ____ Form read to the alien

off~cer who gave notice'XprJ.nt name}

Remove at: Gov't Expense-cost $, __

Aliens expense -cost $, __

Request' tor VIR apprdv~

Date, ~

U. S. Department of Justice Immigration and Naturalization Service

Request for Disposition of Salvadorans

Name of Alien: (Nombre)

File Number A,-' ---(Nirmero de registro)

REQUEST FOR DISPOSITION FOR SALVADORANS PETICION DE DISPOSICION A SALVADORENOS

I understand my options and I request one of the following dispositions of my case,

[ 1 (1) I wish to request a hearing before an immigration judge to determine whether I may remain in,

or will be removed from. the United States. [understand that if I wish to request political asylum I must request a bearing.

[ 1 (2) I admit that I am in the United States illegally. I wish to give up my right to a hearing before an immigration judge and return to my home country on the first available transportation. I understand that I may be held in detention until my departure. I also understand that if the United States government pays for my transportation to my country. I cannot return for five years unless I obtain permission from the Attorney General of the United States.

Date and Time

Signature

Witness

Entiendo todas las alternatiVe? que tengo y soIicito una de las siguiemes disposicienes en mi easo.

'1

) [] (1) Deseo pediruna audiencia ante unjuezde inrnigracion para determiner si puedo permanecer en

los Estados Unidos 0 si me regresanin II mi pais de origen. Entiendo que si quiero solicitar asilo politico debo pedir una audiencia,

[ J (2) Reconozco que estoy en los Estados Unidos ilegalmente, Deseo renunciar mi derecho a una audiencia ante un juez de mmigracion: a mi derecho de ser representado per un abogado; y a mi derecho de ser puesto en libertacl bajo fianza. Deseo regresar a mi pais a Ia preime:ra oportunidad. Entiendo que me puenden detener basta el momentode mi salida. Tambien entiendo que si el gohierno do los Estados Unidos paga me viaje, no voy II poder regresar por cinco afios sin previo permiso del Procurado General de los Estados Unidos.

Date and Time

Signature

Witness

[ ] F OIm read alien

TO BE COMPLETED BY THE OFFICER

[ ] Form read to alien

Officer who gave notices- ----------------------------------

(Printed name and signature)

Removed at:

Government Expense - cost $

---

Request for V fR approved

Alien Expense - cost $ _

Signa,ture and Title-

Date

Form 1-848 A (3-10-94)

U. S. Department of Justice Immigration and Naturalization Service

EI Aviso de Derechos a Salvadoreiios

Nombre:

Numero de regisrro: A-

EL AVISO DE DERECHOS A SALVADORENOS

Ud. Ha side arrestado porque los agenres de inrnigracion creen que esta en los Estados Unidos ilegalmente. Al ser arrestado en este pais, Ud. tien ciertes derechos que nadie puede negarle, Este aviso explicara cuales son esos derechos. Vd. debe firmar ' abajo para mestrar que ha recibido una copia de este aviso y que 10 entiende. Por favor, lea este aviso cuidadosamente antes de decidir 10 que desea haeer. No firme absolutamenle nada hasta que no hava leido este aviso y hava entendido sus derechos.

EL DERECHO DE SOLIClTt\R ASILO POLITICO

Si Ud, tiene miedo de ser persequido a causa de su raza, religion, nacionalidad. sociodad en un grupe social particular, u opinion politica. al regresar a EI Salvador, Ud. puede solicirar asilo politico. Si desea solieitar asilo politico debe avisarle al agente que Ie entrego este aviso. Un juez de inmigracion decidira si le darn 0 Ie negara su asilo politico.

EL DERECHO A SER REPRESENT ADO POR UN ABOGADO

Si Ud, tiene alguna duda 0 preguntas sobre sus derechos, puede hablar con un abogado quien le explicarit sus derechos. El agente que le dio este aviso le dara una lista de abogados que le habJaran sin cobrarle. Algunos de ellos quizlis hablan espafiol, Vd. tiene el derecho de hacer una Hamada telefonica a un abogado. Si Ud. desea hacer tal Ilamada, debe inforrnarle el agente. Ud. puede ponerse en contacro con un abogado ahora or en cualquier otro momento antes de salier do los Estado Unidos.

EL DERECHO DE UNA AUDIENCIA ANTE UN JUEZ DE INM:1GRACION

Si Ud. no quiereregresar a El Salvadcr, tiene e1 derecho de una audiencia ante un juez de inmigracion. quien determinm si Ud. puede permaneeer aqui 0 si tiene que salir de los Estados Unidos. En esta audiencia puede explicarle al juez sus rezones do no querer volver a EJ Salvador. Si Ud. solicita una audiencia, puedo sex- represenlllCio por un abogado, pnede ponerse en contracto con uno de los abogados en III lista de servicios libres legales. Estos abogados ofrecen servicios legales gratuitos, es decir, Dd. no tiene que pagar,

/

EL DERECHO A SER PUESTO EN LIBERTAD BAJO FIA.'lZA

Es posible que Ud, sea elegible para quedar en libenad bajo fianza. La fianza es para segurar que Ud, asista cada vez que 10 eiten, A menos que Ud. pueda depositar una cantidad de dinero (fianza), tiene que permanecer detenido para asegurar sue presencia en la audiencia. Sf Ud, paga la fianza, el dinero se Ie devolvera S1 Ud. comparece a todas las audiencias yentrevistas obligatorias. Si la flanza fijada per Inmigraeiea es demasiado alta. Ud. puede pedirle a1 juez de inmigracion que rebaje la cantidad de 1a fianza.

EL DERECHO DE SOUCITAR SALIDA VOLUNTARIA

Si Ud. desea regresar a su pais de origen, Ud. puede solicitar que le permitan salier en cuanto haya traosporte. Si pide salida voluntaria. pierde su derecho a la audiencia de deportacion y sus derecho a solicitar asilo politico. Si despues de haber perdido salida volunraria cambia su opinion en cualquier momento antes de regresar a su pais, siempre puede pedia U1la audiencia ante un juez, Tamhien puede pedirle salida voluntaria at juez durante la audiencia,

COML'"NICACION CON Et CONSUL

Ud, puede hablar can los oficiales del consulado y oficiales diplomaticos de su pais. Si desea haeerle, su abogado 0 eJ agente que le entregd este aviso puedo ayudarle comunicarse con la persona apropiada.

<...ow.'-.r

Uo~~~----------------------------------~-------------------------------------------

He recibido una copia de este aviso. Yo entiendo mis derechos.

Fechayhora

Firma

Testigo

Form I-848 (3-10-94) (Spanisb)

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