There are a number of situations that can result in a non-citizen becoming subject to an order of removal. One common scenario occurs when an immigrant with no legal status fails to appear at a scheduled removal hearing, for whatever reason. So long as the government has proof that you received written notice of the hearing, the immigration judge will issue an order of removal in your case, even though you aren’t there. If you are subject to a removal order, Immigration and Customs Enforcement (ICE) can detain you at any time. In this situation, the ICE can take you into custody and deport you without any further hearings, because you already have a removal order signed against you. However, in limited circumstances, you may be able to file a motion to reopen your case, such as if you failed to receive notice of the hearing, or request discretionary relief in the form of a stay of removal or deferred action. (For more on this point, please click here to watch our video on what to do if you have lost in immigration court). Another common situation that results in an order of removal is when ICE sends you a letter directing you to report to its office so that you can be deported. If you ignore this directive, your file will be referred to the fugitive unit of ICE. The job of those ICE agents is to search for fugitive immigrants in order to detain and deport them. If you are subject to this type of removal order, you can expect that ICE will arrest you at any time, whether you are at home, school, work, or out in public. If you are arrested by local law enforcement authorities for any reason, ICE will request that you be held for a period of time so that they can take custody of you. These are just a few of the possible situations that could lead to you becoming subject to an outstanding deportation order. Landerholm Immigration, A.P.C., knows federal immigration law and has the experience to guide you and advocate on your behalf throughout any type of deportation proceeding, no matter what the allegations may be. We are familiar with the wide range of defenses that are available to individuals facing deportation, and how to build the strongest defense that is available to you, based on the evidence relevant to your case. Contact your California deportation defense lawyers today, and discover what we can do for you.
