The American Immigration Lawyer’s Association (AILA) recently posted an article on what they referred to as “No-Process Removals.” Click here to read the article.
A “no-process” removal is one where an alien receives an order of removal (deportation) not from an Immigration Judge, but rather, from an Immigration Officer who works for the U.S. Immigration and Customs Enforcement (ICE).
These methods of removal can take many forms, including, but not limited to, expedited removal under INA § 235(1)(b); reinstatement of removal under INA § 241(a)(5); administrative removal under INA § 238(b); and visa waiver removal under INA § 217(b). When ICE decides to remove an alien through one of these methods, there is no neutral party (Immigration Judge) to review the evidence and determine if ICE has carried its burden to establish that the alien is removable from the United States by clear and convincing evidence. In addition, an alien’s family ties, work and educational history, ties to the community, hardship to the alien’s family if they are removed, and other positive discretionary factors are irrelevant.
ICE officers can pursue any of these forms of removal without approval from an Immigration Judge. If ICE decides to remove you under any of these methods, you will not receive a Notice to Appear (Form I-862), rather, you will receive another form, telling you that ICE seeks to remove you under one of these methods. For an expedited removal, you will receive a form I-860; for reinstatement of removal, you will receive a form I-871, for an administrative removal, you receive a form I-851, and for visa waiver removal, you may receive a notice of intent to removal you pursuant to INA § 217.
It is important to remember that whether you are detained or not, your ability to defend yourself against removal under these methods is limited by time and the law. Your possibilities for relief from removal are greatly limited. If you receive any of the documents listed above, you should contact an experienced immigration attorney immediately to discuss your options. If you have a fear of returning to your country of citizenship or last habitual residence, it is important to tell this to the immigration officers immediately and tell every immigration officer you speak to that you have a fear of persecution upon removal. Immigration officers will either refer your case to an asylum officer, or send you to see an Immigration Judge to discuss your fear.
Shorstein, Lasnetski and Gihon have experienced immigration attorneys who can try to help you defend against any method of removal that ICE uses against you.