SPIL - FEB 7

What is deportation?

Deportation is an act by or under

the authority of the State of
removing a foreigner from the
Philippine territory. It applies to a
foreigner whose presence in the
Philippines is found to be injurious
to national interest, public health,
public safety and public interest.
(Bureau of Immigration Omnibus
Rules of Procedure 2015/ Omnibus
Rules Deportation)
Difference of deportation and
extradition

The other possible outcome for

applying refugee status is person
will be deported. It is in DOJ
Circular 48. - foreign denied refugee
status, can apply as stateless
person.

being a stateless person mean

being granted humanitarian VISA

In case your client denied refugee

status, can file stateless person,
then can file MR, then APPEAL,
Sec of Justice will decide. then go to
CA under R65. File MR. if you lose,
go to the SC under rule 45

there are 2 ways to go to SC

1 is R65 prove grave abuse of

discretion
2 is R45 prove errors of law

Let say foreigner lost in SC, what is

the implication of that. person will be
deported

it is in law when apply refugee

status, you dont have to be
detained.

but there are cases those applying

are detained
in camp bagong diwa, there is a
detention facility there for high risk
PH persons deprive of liberty

the otehr is new bilibid prison

abu sayaf, also considered high

risk.

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2 kinds of deportation

LAWS
Immigration law. Commonwealth
act. amended already

IRR of Bureau of Immigration

Also have right to ask for bail

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For foreigners facing summary or

regular deporation, bail is just a
matter of discretion. not a right

the Bureau of Imiig have wide

discretion to grant it or not

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What is difference between

summary and regular deportation

___
Summary deportation
- Foreigner will be allowed to serve
the sentence in home country

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Paco larranaga youtube

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Summary and regular deportation

Summary deporation
Grounds in RUle 9

Regular procedure
- lengthy one
-has due process guarantees being
respected

bail will be approopraite. but up to

commissioner

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In summary procedure, it is
abbrebraited and may result to
immediate deportaion of individual

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What is the difference between

extradition and deportation?

1
Effected at the request of
another State
Unilateral act of the State

4
There is a requesting state and
requested state
No requesting or requested state

SIR:PH can deport foreigners based

on immigration law

in extradition, there is a requesting

state, and it is usually the state that
has jurisdiction in a particular crime.

usually territorial juris.

Mark jimenez case

Jullian assange

wanted in States for leaking highly

classified info

What is necessary for extradition to

happen?
extradition treaty

There is ET in US and britain

There is request from US to Britain

Julian sought refuge from

ecuadorians

ecu are nice

He was granted temporary

He can only stay within the

embassy or premises of ecuador in
the UK wich is asmall space

Case of julian for assault in sweden

was dropeed. only remain is
american espionage case

We are still waiting for the outcoum

of extradition case in london high
court

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We have to daw a line for

extradition and deportation
Deportaion oppositie of beng
granted refugee status

If refugee statusis denied,

extradition has greater chance of
succedding

No extadition treaty for US and

Russia

In case of edward snow, he went to

HK then Russia

Russia do not have extraditiontreaty

with US

Edward snowden
Deportation

2
Based on offenses committed
in the state of origin
Based on causes arising in the
local state

3
Calls for the return of the
fugitive to the requesting state
An undesirable alien may be
deported to a state other than
his own or his state of origin

5
There is an extradition treaty

No need for a deportation treaty