Criminal Defense of Immigrants



 
 

§ 15.11 C. Initial Contacts with Immigration Authorities

 
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There are a number of ways in which a noncitizen may come in contact with immigration authorities (e.g., upon entering the United States, applying for a visa or other immigration benefit, or while incarcerated). 

 

Knowing how a noncitizen client may come in contact with the DHS may be important in determining whether and when a noncitizen client may be subjected to removal proceedings.  Because it is usually the case that the noncitizen is the one who makes the first contact, counsel may be able to advise a client on how to avoid such contact.

 

                When and how noncitizens come in contact with the immigration authorities may also determine their immigration status, whether they are inadmissible or deportable, whether they must be detained or can be released on bond, the types of relief available to them, and whether the DHS may be willing to exercise prosecutorial discretion not to remove them even though they are removable.

 

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