Lately, there has been a noticeable increase in the Department of Homeland Security’s (DHS) efforts to increase the detention and removal of individuals that are not lawfully residing in the United States. The Citizenship and Immigration Service (CIS) and Immigration and Customs Enforcement (ICE), both of which are units within the DHS, seem to now be fully implementing a Memorandum of Agreement (MOA) entered into between the agencies in 2006 that set forth parameters regarding the initiation of removal proceedings. The MOA became effective on October 1, 2006, with the agencies now seemingly fully implementing their plan to place many more individuals before an Immigration Judge for removal proceedings.
Removal proceedings are commenced through the issuance of a document known as the “Notice to Appear” (NTA). The NTA sets forth the facts as to why an individual should be removed from the US. While both the CIS and ICE have authority to issue the NTA, the CIS acknowledges that the “primary role with respect to removal priorities and administration is ICE’s.” As such, the CIS has traditionally not issued an NTA when denying applications; rather, the CIS denial notice simply advises the applicant that they must depart the US. Under the MOA, the CIS has changed this policy of simply denying cases without instituting removal proceedings. Now, the CIS, which includes both the Service Centers and the District Offices, seem to now be fully moving forward with its goal of initiating removal proceedings against all those whose I-485 Application for Adjustment of Status to permanent residency is denied. Recently, we have also noticed that NTAs are being issued even for denials of other applications, such as the I-140 Immigrant Petitions for Alien Worker and I-765 Application for Employment Authorization. This is the case even when the application does not involve any special circumstances, such as a criminal conviction or fraud. The NTAs may indicate the date of the initial court hearing. It seems, however, that most of the NTAs are indicating that a separate notice will be issued regarding the date of the initial court hearing. In addition, individuals placed into removal proceedings have been receiving notices to appear for biometrics. It is important that all notices be taken seriously and adhered to or else individuals with valid claims for relief may unwittingly endanger their eligibility. The aggressive campaign of the CIS to initiate removal proceedings once an application is denied must be taken seriously as the consequences are extremely severe. Individuals must act prudently in assessing any possible risk of denial given the realization that a denial will likely result in an individual being placed before a judge who will determine their fate of whether they may stay in the US or be removed. As such, individuals must ensure that they are represented by a competent and trustworthy legal counsel that can not only navigate through the complex immigration maze, but will provide an honest assessment of whether an application is likely to be approved or denied.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, California, 91030; (626) 799-3089.
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