Top 10 Questions for Court Removal

  1. Can they detain me at my Master Calendar Hearing?
    1. No, they cannot. Individuals in removal proceedings will have a right to fight their case at their individual hearing, at a later date.
  1. What happens after I pay my bond, do I get my money back?
    1. The Department of Homeland Security’s agency, Immigration and Customs Enforcement, is in charge of the conditions that are related to bonds. Once a bond is posted, they will notify the individual how and under what conditions a refund is allowed.
  1. How do I find my family member if he just got arrested and transferred to a detention center?
    1. Look online on the Online Detainee Locator System. You can find them by using their A or Alien number, or by using their full name, country of birth and date of birth.
  1. I got pulled over for a traffic ticket and I have to go to court to get my ticket dismissed. If I go to court, and I don’t have papers will they deport me?
    1. The last thing you want to do is avoid court and then get an arrest warrant issued for your arrest. A municipal judge, like in this example, is not an immigration judge and they cannot order your deportation. However, they can ask about your status and warn you of potential immigration consequences due to your conviction.
  1. I think I had a court hearing date about five years ago, but I didn’t attend because I was scared they were going to deport me. How can I find out what happened at the hearing?
    1. If you have your A number, you can always call the 1-800-898-7180 number to see what orders the Judge has issued on your behalf.
  1. If I am ordered deported how long do I have to leave the country?
    1. Typically, if you are ordered deported by a Judge, the Judge will give a timeframe for how long you have to leave the country. However, keep in mind that this timeframe may change if you decide to appeal your case.
  1. If I am ordered deported and I have been using a valid, government-issued number and have been paying my taxes, what happens to all of the money that I’ve been paying to the government?
    1. For more information on and ITIN, or an Individual Taxpayer Identification Number, visit the IRS website: https://www.irs.gov/individuals/individual-taxpayer-identification-number.
  1. If I am deported, can I return to the United States?
    1. If you want to return, there are several obstacles you have to overcome. There must first be a basis for you to return to the United States, and you may have to apply for waivers to remove any bars that may bar your reentry.
  1. What is the number of years I have to wait outside if I am deported?
    1. It depends, the following is a summary for people who have been deported:

Action

Number of Years Out

Unlawful presence in US for less than 6 months

No Bar

Unlawful presence in US for over 6 months & less than 1 year

3 years

Unlawful presence in US for one year or longer

10 years

Ordered removed on inadmissibility grounds

5 years

Ordered removed on deportability grounds

10 years

Ordered excluded/deported under pre-1996 laws

10 years

Ordered removed two times

20 years

Failed to attend removal hearing (In Abstentia Order)

5 years

Ordered removed after a conviction for an aggravated felony

Permanent

  1. A lawful permanent resident (LPR) cannot ever be deported, right?
    1. That is actually not correct. An LPR can be deported for numerous reasons; the main reason why many are deported is because they commit aggravated felonies that make them deportable.
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