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ICE 287(g) Participant Workbook - Alternate Orders of Removal

ICE 287(g) Participant Workbook - Alternate Orders of Removal

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For more information (and other ICE training materials), please see: www.scribd.com/doc/22789007

For more on 287(g) generally, see http://www.scribd.com/doc/23298564
For more information (and other ICE training materials), please see: www.scribd.com/doc/22789007

For more on 287(g) generally, see http://www.scribd.com/doc/23298564

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_________________ ----'PARTICIP ATE WORKBOOK

Lesson Plan Overview

Course

ALTERNATE ORDERS OF REMOVAL

Course Description

Introduces the trainee to the various types of alternative orders of removal available, the steps that should be followed to obtain an order of removal, and the actions

necessary to effect a removaL .....

Field Performance Objective

Given case information regarding a removable alien. the ICE officer/agent will initiate and affect an appropriate removal proceeding according to regulations and ICE· policy.

Interim (Training) Performance Objectives:

In a simulated removal case, the trainee will:

1. Identify the various methods that are available to secure an Order of Removal.

2. Identify the case information used to determine the proper method of obtaining an Order of Removal.

3. Identify the official that has jurisdiction over the different methods of obtaining an Order of Removal.

4. Identify and serve the documentation to obtain an Order of Removal.

Instructional Methods

Lecture, Discussion, Demonstration, and Laboratory

Time

Four (4) Hours

Training Aids

Desk Top Exercise

Method of Evaluation

Multiple choice exam (comprehensive 25 items for Activity Preparation courses)

Instructor critique of trainee's performance during the laboratory.

Trainee Materials/Reference

Participant Workbook

Immigration and Nationality Act Sections 217,235,238, 240,241 and 242 and related section of8 CFR.

Forms: 1-851, 1-851A, 1-862, 1-871, I-867A, I-867B, I-860, Stipulated Removal Request and Section 217 Removal Order.

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Instructional Equipment

Classroom

Writing Surface (Dry Erase Board) Projector

Microsoft PowerPoint equipped computer

Slides

1. DHSIICE Title Page

2. Alternate Orders of Removals Title Page

3. Field Performance Objective

4. Interim Performance Objective

5. Introduction

6. Introduction (con.)

7. General Requirements

8. Stipulated Removal- Overview

9. Stipulated Removal - Authority

10. StipulatedRemoval+ Authority (con.)

11. Stipulated Removal- Scope

12. Stipulated Removal- Procedures

13. Stipulated Removal- Procedures (con.)

14. Stipulated Removal- Procedures (con.)

15. Stipulated Removal- Request Form

16. Stipulated Removal- Procedures (con.)

17. Stipulated Removal - Authorized Official

18. Visa Waiver Program - Overview

19. Visa Waiver Program - Authority

20. Visa Waiver Program - Form 1-94W

21. Visa Waiver Program - Form 1-94W section

22. Visa Waiver Program - Authority (con.) 23: Visa ,Waiver 'Pro gram - Scope

24. Visa Waiver Program - Procedures

25. Visa Waiver Program - Form Notice of Intent

26. Visa Waiver.Program=Procedures (con.)

27. Visa Waiver Program - Form Order of Deportation

28. Visa Waiver Program - Authorized Official

29. Progress Review # 1

3 O. Reinstatement .:. Overview

31. Reinstatement - Authority

32. Reinstatement - Scope

33, Reinstatement - Procedure

34. Reinstatement> Form 1-871

35. Reinstatement - Procedure (con.)

36. Reinstatement - Authorized Official

37. Judicial Order of Removal- Overview

38. Judicial Order of Removal- Authority

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Slides (con.)

39. Judicial Order of Removal- Scope

40. Judicial Order of Removal- Procedure

41. Judicial Order of Removal- Authorized Official

42. Progress Review #2

43. Admin Removal Of Aggravated Felons - Overview

44. Admin Removal Of Aggravated Felons - Authority

45. Admin Removal Of Aggravated Felons - Scope

46. Admin Removal Of Aggravated Felons - Scope (con.)

47. Admin Removal Of Aggravated Felons - Procedure

48. Admin Removal Of Aggravated Felons - Form 1-851

49. Admin Removal Of Aggravated Felons - Procedure (con)

50. Admin Removal Of Aggravated Felons - Form 1-8S1A

51. Admin Removal Of Aggravated Felons - Procedure (con)

52. Admin Removal Of Aggravated Felons - Procedure (con)

53. Admin Removal Of Aggravated Felons - Authorized

Official

54. Expedited Removal - Overview

55. Expedited Removal - Authority

56. Expedited Removal- Authority

57. ExpeditedRemoval> Scope

58. Expedited Removal- Scope

59. Expedited Removal- Procedure

60. Expedited Removal- Form 1-867 A

61. Expedited Removal- Form 1-867B

62. Expedited Removal - Procedures

63. Expedited Removal Form I·860

64. Progress Review #3

65 - 86 Scenario 1, Questions 1-7 87 99 Scenario 2, Questions 1-4 100"':' 106 Scenario 3, Questions 1&2

107 Summary

108 End Page

Forms

Stipulated Request for Order of Removal Notice of Intent to Deport - Section 217 Order of Deportation - Section 217

I-871 Notice of IntentlDecision to Reinstate Prior Order

1- 8 51 Notice of Intent to Issue a Final Administrative Order I-851A Final Administrative Removal Order

1-867 A Record of Sworn Statement - Section 235(b)(1) 1-867B Jurat for Sworn Statement- Section 235(b)(1) 1-860 Determination of Inadmissibility

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I. INTRODUCTION

A. An order of removal is the primary documentation needed to remove an alien from the United States.

B. 'There are various avenues available to ICE officers from which an order can be obtained. The officer must be aware of the differences and methods that are appropriate for each individual case.

The Immigration and Nationality Act contains provisions for several alternate orders of removal:

1. Stipulated Removal

2. Administrative Order of Removal (under the Visa Waiver Program)

'\ ) .. /

3. Reinstatement of Previous Removal Order

4. Judicial Removal of in conjunction with a criminal case

5. Administrative Removal of Aggravated Felons

6. Expedited Removal under Section 235(b)(l) of the INA

II. GENERAL REOtJIREMENTS

.1. Alien must be classified as removable and meet the statutory requirements for the type of alternate order that you are seeking.

2. The aliens must be served with appropriate charging

documents. .

3. Alien is allowed the opportunity to rebut the charges.

8 CFR§1003.25(b) §240(d) of the INA

8 CFR §217.4

§217 of the INA

8 CFR §241.8 §241(a)(5) of the INA

§238(c) of the INA

8 CFR§238.1 §238(b) of the. INA

8 CFR235(b)(1)

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4. The decision to issue an alternate order must be decided

by the appropriate official .

5. Claims of fear (Asylum or Conventions Against Torture - CAT) must be properly addressed.

m. STIPULATED REMOVAL ORDER

Overview

Allows the immigration judge to enter an order without a hearing and in the absence of the parties based on a review of the charging document, the written stipulation, and supporting documents, if any.

Black's Law Dictionary defines a Stipulation as: a voluntary agreement between opposing parties concerning some relevant point.

Over simplified, the stipulation is an agreement between , the government and the alien (or the alien's representative) conceding the grounds of removability and waiving a

hearing. . .

The intent (and benefit to ICE) of the Stipulated Removal Order is streamlined method of obtaining an unobstructed removal order Without the need of a hearing. This can speed, the removal process saving money for the government and time.for the alien.

Statutory Authority

JNA Section 240(d) states: the Attorney General shall provide by regulation for the entry by an immigration judge

of an order of removal stipulated to by the alien (or the, ,

alien's representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien's removability from the United States.

In accordance with Section 240( d). regulations were developed and posted as 8 CPR l003.25(b). This Section provides the actual requirements and procedures to obtain the Stipulated Order.

Pursuant to: §240(d)

8 CPR §1003.25(b)

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Elements of 8 CFR 1003 .25(b): an Immigration Judge may enter an order of deportation or removal stipulated to by the alien (or their representative if they have one) and ICE. This can be done without a hearing based on a review of the charging document, the "Written stipulation, and any supporting documents. If the alien is not represented, the Immigration Judge must determine if the alien's request for the waiver of hearing was made voluntarily, knowingly, and intelligently.

Scope

A stipulation may be used with all aliens in removal proceedings in pursuant to Section 240 of the WA.

Chronologically, service of the Notice to Appear (NTA) must be completed and served prior to the alien signing the actual "request for stipulation". The alien must already

'\ know the charges that they are agreeing to. .

)

Procedure

1) The alien is served with the charging document (1-862, Notice to Appear).

2) Prior to drafting the stipulated request, ensure the alien agrees to the following provisions:

• An admission by the alien that all factual allegations contained in the charging document are true and correct as "Written;

• Alien concedes deportability or inadmissibility as charged;

• A statement that the alien makes no application for relief under the Act;

• Alien designates country for removal under INA Section 241 (b)(2)(A)(I): Note: Contiguous territories and adjacent islands;

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• A concession by the alien to the introduction of the written stipulation as an exhibit to the Record of Proceedings, (ROP);

• A statement that the alien understands the consequences of the stipulated request and that the alien enters the request voluntarily> knowingly, and intelligently;

• A statement that the alien will accept a written order of removal as a final disposition of the proceedings and;

• Alien's waiver of appeal of the written order of removal.

3) Prepare the request for stipulation. No formal "G" or "I" form exists for this request.

Most offices use local templates. However, they must conform to the requirements of 8 CFR 1003.25 (b) and include all provision indicated above (item 2).

A sample stipulated request is an appendix to the Detention and Removal Operations Policy and Procedure Manual. This manual may be found on the Intranet linked through the DRO website (http://poweroort.ins/dro/index.htm) or through onlineplus (http://onlineplus.ins ).

4) The stipulated request is signed by the alien andlor the alien's attorney and signed on behalf of the government by district counsel.

5) The 1-862 (Notice to Appear) and the signed Stipulated Request are filed with BOIR (Executive Office of Immigration Review).

6) The Immigration Judge will review the submitted documents and render a decision. The IJ usually orders the alien removed. However, the IJ may reject this request if doubt exists that the alien entered into this agreement voluntarily, knowingly, and intelligently.

"

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Authorized Officials

The request for stipulation itself is not aremoval order and cannot be used to remove an alien from the United States. An Immigration Judge must first accept and concur with the stipulation. The Immigration Judge may then issue a separate Order of Removal. As such, the official authorized to issue the actual Removal Order is the Immigration Judge.

. IV. ADMINISTRATIVE ORDER OF REMOVAL SECTION 217 OF THE INA -VISA WAIVER PROGRAM (vwp).

Overview

, J

The Visa Waiver Program allows the visa requirements be waived for aliens from designated countries if seeking admission to the United State as a visitor for a period less than 90 days. To enter the United States under this program, the alien waives their right for a hearing. As such, ICE may issue an administrative removal order without the need for a hearing.

This waiver is included on the back page of the 1-94W. The alien must sign that form indicating that they agree with the provisions of INA 217 (to include waiver of .hearing) prior to the being admitted.

Statutory Authority

INA Section 217 provides for the establishment of the program, designation of the program countries, duration and termination of program countries, carrier agreements, method to dispute denials, and use of information technologies.

The Section of primary interest to ICE DRO Officers is 217(b) Waiver of Rights.

2J7(b) Waiver a/rights. An alien may not be provided a waiver under the program unless the alien has waived any

J right

.j'

§217 of the Act 8 CFR §217.4

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(1) to review or appeal under this Act of an immigration's officers determination as to the admissibility of the alien as the port of entry into the . United States, or

(2) to contest, other than on the basis of an application for asylum, any action for removal of the alien.

Other than by a claim of fear (asylum/CAT), the alien has no right for a hearing before an immigration judge in removal proceedings.

8 CFR 217 A(b) provides guidance on those aliens admitted under the provision of the Visa Waiver Program. This section contains the following elements:

1. An alien admitted to the United States under the provisions of Section 217 of the INA

2. Determined by a immigration officer to be deportable under one or more grounds listed in Section 237 of the INA

3. Shall be removed to their country of nationality or last residence

4. Such removal shall be determined by the District Director (Field Office Director) who has jurisdiction over the place where the alien was found

5. Shall be effected without referral to an immigration judge for a determination of deportability - except to alien who applies for asylum

** Removal under this Section is equivalent to a removal conducted under Section 240 of the INA

Scope

This administrative removal process is used for aliens admitted under the provisions of Section 217 of the INA (Visa Waiver Program).

It must be. noted that aliens from Visa Waiver countries may have been admitted to the United States using a visa

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and not under the provisions of section 217. In those cases, the VWP administrative removal process may not be used.

Procedures

1) Serve the alien the "Notice to Intent to Deport for Violating the Terms of your Admission under Section 217 of the INA".

No formal "G" or "1" form exists for this purpose.

Many offices utilize local templates. Also an appendix to the Detention and Removal Operations Policy and Procedure Manual contains a sample Visa Waiver packet.

2) The "Order of Deportation Section 217" is signed by the Authorized OfficiaL This is the actual removal order.

As with the Notice of Intent, no formal "G" or "1" form exists for this order.

Use local templates or the Visa Waiver Program sample in the Detention and Removal Operations Policy and Procedure Manual.

Authorized Official

8 CFR 217.4 charges the District Director with determining removal under this Section. Following reorganization and within the Detention and Removal Program, this authority now resides with the Field Office Directors.

Progress Review #1

1) T 0((1 Our use of a Stipulated Request for a Final Order ~oves/ eliminates the aliens ability to request a hearingbefore the Immigration Judge?

2) Prior to signing the Stipulated Request, what processing form must already have been served on the alien?

IV /,>/~\O

...... ,.

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---------------------------------------------

3) Does an alien admitted as a Visa Waiver applicant have the right to 240 proceedings before an Immigration Judge?

4) Removal of the Visa Waiver alien is addressed in what section of the INA?

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5) What officer is authorized by regulation to order an alien removed under the Visa Waiver provisions? ~

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v. REINSTATEMENT OF A PREVIOUS REMOVAL ORDER

Overview

An alien that has been removed from the United States pursuant to a Order of Removal and then unlawfully reenters the United States may be subject having their prior Order of Removal reinstated. This reinstatement will .

. provide the basis for a subsequent removal.' . .. . -

An alien that unlawfully reenters the United States after removal may also face criminal charges under

8 USC 1326.

The ICE-D curriculum includes a separate 2-hour block of instruction on "Reentry after Removal". As such, this block of instruction will cover only the basics of the reinstating a previous order.

Authority

Section 241 (a) (5) of the INA states: lfthe Attorney

General finds that an alien has reentered the United S(9J~si!> \

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tCEACAOEMY August 1, 2006

ALTERNATE ORDERS OF REMOVAL

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illegally after having been removed or having departed voluntarily, under an order of removal, the prior order of removal is reinstated from its original date an is not subject to being reopened or reviewed, the alien is not eligible and may not apply for any relief under this Act, and the alien shall be removed under the prior order at any time after the reentry.

8 CFR 241.8 further identifies our requirements. We must determine:

\

)

1) the alien has been subj ect to a prior order of removal and has physically been removed or departed

2) we must positively identify whether the alien is in fact the alien who was previously removed. (positive identity may be accomplished by fingerprint comparison)

3) whether the alien unlawfully reentered the United States Ifwe determine that the alien is subject to removal under this section, we must provide written notice of this determination. The alien may contest our determination orally or in writing.

Scope

An alien that has previously been ordered removed from the United States and has been physically removed or departed voluntarily under an order of removal. And that has unlawfully reentered the United States.

Procedure

1) Determine that the alien was previously removed pursuant to a removal order. This is normally accomplished by a review a Prior Removal order and the previously executed Warrant ofRemovalCI-205).

2) Identify the alien via fingerprint comparison of the encountered alien and print from the previously executed Warrant of Removal.

3) Determine that the alien was not lawfully admitted.

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I.

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4) Serve"fue top portion of the Notice of IntentlDecision to

-, 'i

. Remstate? Prior Order (I-871).

, ,

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5)'tlBottom;'section of the Notice of Intent/Decision to Reinstate-Prior Order (1-871) is completed and signed by the Authorized Official. Once completed, this is our authority to remove the pursuant to the previous removal order.

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6) The:Alttliorized Official is charged by regulation and L~"

directive' to maintain a Record of Proceeding (ROP) -} -f

f in, c1Ud~~'~}1.documents and evidence used.is this deCiSiO~\ . ,"'v~~ ,\VV

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Authorized Official .. " '\ .-':1 tJ

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:, The dec;gling official is any officer authorized to issue a \::) ~ J.

Notice~{:)~ Appear, as listed in'S CFR 239.1. ~ \'jj,

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JUDICIAL REMOVAL IN CONJUNCTION WITH A CRIMINAL CASE

" ,

Overview

The INA makes provisions for a United States District

'Q Court Judge to order and alien removed from the U.S. at " / the time of their sentencing.

'Statutory Auth-ority

I :/, ... ~

;::. Section 238(c) of'tti~ INA states: a United States district

, f court shall have jurisdiction to enter a judicial order of removal at the time of sentencing against an alien who is deportable

This section provides for a U.S. District Attorney to file with the US District Court and serve the alien and DHS, prior to the commencement of the defendant's trial or entry

of a guilty plea, a notice of intent to request a judicial removaL This action must be with the concurrence of the Director of DRS. If the court determines that substantial evidence exists to establish prima facie eligibility for. relief from removal, the Director of DRS will provide the court a

lCEACADEMY August 1, 2006

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1t., vb/

/ .... ,\\ / ~ "*~~ /)0"" z.i

_________________ PARTICIPATE WO OOK

recommendation regarding such relief. The Order of Removal is issued at the time of sentencing. The District Court Judge's decision may be appealed by either party to the Circuit Court of Appeals.

Also, and probably more commonly used, is the provision under Section 238(c)(5) of the INA pertaining to Stipulated Judicial Orders of Removal. This provision allow the U.S. Attorney may enter into a plea agreement which calls for a alien, 'who is deportable, to waive right to a hearing and stipulate to the entry of a judicial order of removal.

Scope

Section 238(c) of the INA, includes aliens in criminal proceeds in U.S. District Court and considered removable due to criminal offenses.

Section 238 (c)(5) of the INA, which provides for a Stipulated Judicial Order of Removal, extends to not only the U.S. District Court Judge in both felony and misdemeanor cas b~u~t~al~s~o~al±!lo~:uL.J..I.ri~~!lSJ:J~ enter such

Procedures

1) The U.S. Attorney of the particular District will initiate (with. the concurrence of the Commissioner} actions to obtain a Judicial Order.

2) Usually the DRO Officer will not be involved in-the Judicial Order until after it is complete. The order should' indicate the alien's country of choice for removal. Ifnot, the Officer must make that determination based on file review, alien interview, etc.

Authorized Official

The authority to issue Judicial Orders of Removal resides with the U.S. District Court Judge in 238(c) cases and by the U.S. District Court Judge or U.S. Magistrate in stipulated cases under 238(c)(5).

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Progress Review 2

1) Reinstatement of a prior Removal Order is addressed in which section of the INA? l;t0

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2) An previously removed alien is apprehended and detained pending 241 (a) (5) processing. What form must be served on the alien without undue delay?

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3) Would you also serve the 1-200 Warrant of Arrest on

this alien? 1. • ":'f. •

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4) If a Judicial Removal Order pursued by-the US Attorney is subsequently denied, can ICE then place thesame alien

in 240 removal proceedings? ,_" "~,;'~--~'-'~~~" "'_'~~'""_."_"__ '_""

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5) Can State Judges order an alien removed from the country? .u,\)\ '\

VII. EXPEDITED REMOVAL OF AGGRAVATED

FELONS SECTION 238(b)

Overview ~

The INA provides for the Expedited Removal by way of an Administrative Removal Order issued by ICE. An alien ordered removed under this section would not be placed before an immigration judge in 240 removal proceedings.

8 CFR238.1

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Statutory Authority .

Section 238(b) of the INA states: the Attorney General may ... determine the deportability of such alien under section 237(a)(2)(A)(iii) (relating to conviction of an aggravated felon) and issue an order of removal pursuant to the procedures set forth in this subsection ...

Scope

We must have evidence to support the finding that the individual:

1) is an alien

. 2) has not been lawfully admitted for permanent residence, or has conditional permanent residence, or has conditional permanent resident status under section 216'ofthe Act

\ )

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3) has been convicted (as defined in section 101(a)(~ of the Act, and has demonstrated by any of the documents or records listed in 3.41 of the chapter) of an aggravated felony and such conviction has become [mal

4) is.deportable under section 237(a)(2)(iii) of the Act, including an alien who has neither been admitted nor paroled, but who is conclusively presumed deportable under section 237(a)(2)(A)(iii) by operation of section 238(c) of the Act (presumption of Deportable)

Simply stated the individual: must be an alien, must not be an Lawful Permanent Resident or have Conditional Resident status, must be convicted of an aggravated felony (and that conviction be final), and is applicable for those admitted or not.

Procedure

1) The Officer encountering the individual will establish

)

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alienage, removability, and determine if the alien's case meets the criteria for administrative removal under this section.

2) The Issuing Officer prepares or requests preparation of the charging document - Notice to Intent to Issue a Final Administrative Removal Order on Form 1-851.

3) The Notice of Intent is served on the alien.

4) The alien a reasonable time as an opportunity to inspect the Government's evidence and rebut the charges by submitting a 'Written response, If the Notice Of Intent was served in person, the alien has 10 calendar days to respond. If served by mail, the alien has 13 calendar days to respond.

5) The alien may waive this response time and accept immediate issuance of the removal order,

6) The Deciding Officer renders a decision recorded on the Final Administrative Removal Order, Form I-851A.

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(However, removal must, except wher.e;. statutory bars

apply, be withheld to a country whenf(an alien is more likely than not to be persecuted or tortured.)

7) This decision (I-851A) is served on the alien. The statute prohibits execution of a Final Administrative Removal Order for 14 days after it is issued to give the alien an opportunity to apply for judicial review and, requires that a record be maintained for that purpose. The alien may waive the 14 day period and the order may be

executed without delay. ,.

8) The only appeal allowed is a Petition For Review with Circuit Court of Appeals. The Petition for Review must be filed within thirty (30) days of the Administrative Removal Order being served on the alien.

*** It should be noted that at any time, at the discretion of the deciding official, the alien can be served with a Notice to Appear pursuant to Section 240, and presented to EOIR in lieu of Administrative Removal.

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9) The case officer 'Will prepare the Warrant of Removal (Form I-205) and the Warning to Alien Ordered Removed or Deported (1-294). The Warrant of Removal indicates removal pursuant to Section 23 8(b) of the INA. And since this removal is based upon an aggravated felony conviction, the 1-294 will me marked to indicate that they may not return "At any time ..... ".

Authorized Official

The Issuing Officer is any ICE Officer listed in section 8 CFR 239.1 as authorized to issue Notices to Appear.

The Deciding Officer, per 8 CFR 23 8.1 (a), is designated as the District Director, Chief Patrol Agent, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs, so long as that person is not the same person as the issuing officer .. Following reorganization and within DRO, this authority resides 'With the Field Office Director (FOD).

vrn. EXPEDITED REMOVAL PURSUANT TO SECTION 235(b)(l) OF THE INA

Purpose

Expedited Removal (ER) grants the ICE officer in the field the authority to formally remove certain aliens from the U.S. without further hearing or review unless the alien indicates an intention to apply for asylum, or expresses a fear of persecution, a fear of torture, or a fear of return to his or her country. The use ofER is discretionary.

j

Statutory Authority

Section 235(b)(1)(A)(i) of the INA states: if an Immigration Officer determines that an alien arriving in the U.S. is inadmissible under section 212(a)(6)(C) or Section 212(a)(7) the officer will order the alien removed without further hearing or review, unless the alien indicates an intention to apply for asylum, expresses a fear of

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persecution, a fear of torture, or a fear of return. to his or her

country. .

Section 235(b)(1)(A)(iii) of the INA permits the Secretary of Homeland Security to apply ER. to aliens in U.S. not admitted or paroled and who cannot prove continuous physical presence in U.S. for 2 years immediately preceding date of determination of

inadmissibility or at any time within the aforementioned period by publication of a notice in the Federal Register.

It is expected in 2006, that the regulations pertaining to use 'ofER by ICE officers will be published in the Federal Register. The intended regulation will limit ow: 'use of ER depending upon the time period from the alien's last entry.

Scope

For ICE initiated apprehensions, Expedited Removal under . INA 235(b)(1) Will include aliens present in the United States that have not been admitted or paroled and encountered within 14 days of their last entry.

It will not pertain to the following:

Juveniles Cubans

Eligible ABC Class members *** El Salvadorans

Crewmen or Stowaways

An alien that claims of fear of persecution or torture if removed, may still be amenable to ER. If an alien subject to ER indicates an intention to apply for asylum. expresses a fear of persecution. a fear of torture. or a fear of return to his or her country, refer the individual for a credible fear interview by an Asylum Officer. It is mandatory that these aliens be detained pending a final determination of credible fear.

Procedure

1) The examining immigration officer will determine if the

ICE ACADEMY August 1, 2006

ALTERNATE ORDERS'()FREMOVAL 19

P ARTICIP ATE WORKBOOK

-------------------------------------------

alien is eligible for administrative removal under this section:

Inadmissible under 212(a)(6)(C) or 212(a)(7) Encountered by ICE 'Within 14 days oflast entry

And cannot:

Have been admitted or paroled Juvenile

Cuban

An Eligible ABC Class member *** . EI Salvadoran

Crewmen or Stowaway

2) The officer shall create a record of facts in the case and statements made by the alien.

3) The Sworn Statement 'Will be accomplished by using forms I-867A and 1-867B. The officer shall read (or have read) all information contained on the I-867 A to the alien. This sworn statement is conducted in the Question and Answer format and must include the following:

Identity true name, aliases, date and place of birth

Alienage - citizenship, nationality, residence and any possible claim to US citizenship

Inadmissibility - facts of the case and specific grounds of inadmissibility

Date and Time of Entry document accurate date and time to establish the 14 day time frame

The four questions on Form 1-867B must be asked and recorded verbatim. The alien will read (or have read to them), sign, and initial each page of the sworn statement to include initialing any correction. The officer will execute the Jurat portion of the 1-867B to include the alien's signature.

) 4) After obtaining supervisory approval, the officer will

.. ~ ~/

ICE ACADEMY August I, 2006

ALTERt"'fATE ORDERS OF REMOVAL 20

______ ---'----'-"- -----'P ARTICIP ATE WORKBOOK

prepare and serve the I-860, Notice and Order of Expedited Removal, on the alien.

5) If ICE wishes, any additional grounds of inadmissibility (other than 212(a)(6)(c) or 212(a)(7)) may be sought by placing the alien in 240 removal proceedings before the immigration judge.

6) Any claim of asylum or fear of persecution or torture must be referred to an asylum officer.

7) The immigration officer shall attempt to verify any claim by the alien as to lawful permanent resident, refugee, or asylum status - or any claim to US citizenship.

8) Any removal order entered by an immigration officer is not considered final until re

Authorized Official

Supervisory approval of removal orders. All expedited removal orders require supervisory approval before service upon the alien. By regulation, this approval authority is not to be delegated below the level of a second-line supervisor. Each Field Office may determine the exact level (minimum second-line supervisor or above) for this authority.

Progress Review 3

1) Expedited Removal of an alien convicted of an aggravated felony is addressed in which Section of the

INA? ~

~~ ~

2) What forms are specific to the Expedited Removal of an

Aggravated Felon process? ~

1\ ;1 r6'- s; A>1>;; \ '

/ /

3) After serving the 1-851, how many days does the alien

have to respond and/or rebut to charges? .

\0 ~~'"'\~oi'b" \~ ~\~ ('A~u9

',' '«

ALTERNATE OR.D£RS:Ql" :REMOVAL 21

.~~~;~~~.. ./

!

_________________ --'PARTICIPATE WORKBOOK

4) Expedited Removal under Section 235(b)(1) cannot be used on whom?

~ v . (..dbAS E. LS (Ac.sj <SWu JA vA "IS.

,

5) Further, current guidance requires ICE encounters the potential ER under. 235(b)(1) candidate within how many days of entry?

IX. SUMMARY

A. You have been exposed to various alternative methods available to obtain an Order of Removal. These methods allow for a more expeditious path to obtaining a removal order. Each method must be applied properly to ensure compliance with regulations and protect the rights of the aliens.

B. Although most cases that you will encounter will probably be processed pursuant to Section 240, many cases are within the scope of one of our alternates

Instructors note:

On the PowerPoint presentation, the scenarios are presented prior to the summary.

ICE ACADEMY August 1, 2006

ALTERNATE ORDERS OF REMOVAL 22

__ ---- ~PARTIC~ATEVVORKBOOK

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE Orlando, Florida

IN TEE MATTER OF:

Respondent

IN REMOVAL PROCEEDINGS

A#

--~--------------------~I

STJPlJ'LATED REQUEST FOR ORDER OF REMOVAL AND

WAIVER OF HEARING

I, ("Respondenf'), voluntarily and knowingly make the following requests, statements, admissions .and stipulations. I understand that by signing this document, I am requesting a prompt order of removal from the United States.

1.. r have received a copy of the Notice to Appear (''J:·UA'') dated , and my full, true and

correct name is as indicated therein. See attached NT A.

2. I have .been advised of my right to be represented by a lawyer or other qualified person to represent aliens in immigration proceedings at no expense to the government of the United States. I have also been provided a copy of

the legal aid list. .

3. I am at least 18 years of age. .

4. I hereby voluntarily concede and acknowledge that I am not a citizen of the United States. I further voluntarily concede and acknowledge that my parents are not citizens of the United States and, therefore, I do not derive any Citizenship benefits from my parents.

5 .. r understand that I have the right to a hearing before an Immigration Judge in which hearing I have the right to be represented, the opportunity to examine and object to the evidence presented against me, to present witnesses on my own behalf, to cross-examine witnesses presented by the government, to present my own. evidence and that the government may be required to prove that I am removable from the United States. Knowing the above, I hereby waive those rights and request my removal proceedings be conducted solely by way of written record without a hearing.

6. I request that my removal from the United States be based solely on this stipulated request. By signing this document, I understand that I am giving up the right to appear before an Immigration Judge and that I will be removed from the United States without a hearing.

lCEA-CADEMY August 1, 2006

ALTERNATE ORDERS OF REMOVAL 23

PARTICIPATE WORKBOOK

----------------------------------------------~~

7. I admit that all of the factual allegations contained in the NT A are true and correct as written, and I concede that I should be removed from the United States based on the charges contained therein.

8. i voluntarily and knowingly agree, stipuIat~ and represent that) am not applying for any form of relief from removal, including but not limited to: voluntary departiire, asylum, wiiliholdilig of removal, protection under the Convention Against Torture, adjustment of status, registry, de novo review of a denial or revocation of temporary protected status, cancellation of removal under section 240(A) of the Immigration and Nationality Act ("Act"), or any other possible relief under the Act

9. I consent to the introduction of this document as an exhibit to the record of proceedings ..

10. I request that an order be issued for my removal to (country of removal).

11. I accept a written order for my removal to the above county as a final disposition of these removal proceedings.

12. 1 waive my right to appeal the written decision for my removal from the United States.

13. I understand that based on ti,le removal chargefs), I will be barred for __ years from returning to the United

States. ' ..

14. I: or my attorney, have read (or I have had read to me in a language I understand) this entire document, I fully understand its consequences. I can unequivocally state that I have submitted this document voluntarily, knowingly, and intelligently.

I certify that all of the information I have given in this document is true and correct.

Date

Signature of Respondent

Printed Name of Respondent

I certify with my signature that I have filed a notice of appearance as alien representative in accordance With 8 C.F.R. § 1003.17(a).

Signa.ture of Attorney

Date

Printed Name of Attorney

I certify that as the government representative, the content of this document was explained to the Respondent in a language he or she understands, or to the Respondent's representative.

Date

Signature of-Government Representative

Printed Name of Government Representative

ICE ACADEMY . August 1, 2006

ALTERNATE ORDl!!:&S'OFREMOV AL 24

_________________ ---'PARTICIPATE WORKBOOK

UNrrED STATES DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT

NOTICE OF INTENT TO DEPORT FOR VIOLATING THE TERMS OF YOUR ADMISSION UNDER SECTION 217 OF THE IMMIGRATION ANi> NATIONALITY ACT

TO: LAST NAME. First Name

File No. A 00 000 000

The Immigration and Naturalization Service has determined that you entered the United States pursuant to Section 217 of the Immigration and Nationality Act. Accordingly, you executed a

'Form 1-791, Visa Waiver Pilot Program Information Form, that explained to you the conditions of admission under the Visa Waiver Pilot Program. When you signed Form 1-791, you also waived your right to contest deportability before an immigration judge and the Board of Immigration Appeals, and to any judicial review of any and all of the above decisions.

The Immigration and Naturalization Service has determined that you have violated the terms of your admission under Section 217 of the Immigration and Nationality Act on the grounds that:

You have remained in the United States for a time longer than permitted.

Accordingly, the United States Immigration and Naturalization Service has entered an order that you be deported and removed from the United States.

Signature:

Title: Field Office Director

Location:

ICE ACADEMY August 1,2006

ALTERNATE ORDERS OF REMOVAL 25

__________________________________ ~PARTICIPATEVVORKBOOK

UNITED STATES OF AMERICA DEPARTMENTOFHOMELANDSECuruITY

Immigration and Customs Enforcement

ORDER OF DEPORTATION

Section 217

TO: LAST NAME, First Name (AOO-OOO-OOO)

Having determined that:

1 ) You are neither a citizen nor a national of the United States, and;

2) You were. admitted to the United States on at -:-- under Section 217 of the

Immigration and Nationality Act, and authorized to remain until _

3) You have violated the conditions of that admission in that:

After admission as a nonimmigrant under Section 217 of said Act, you have remained in the United States longer than authorized [Section 237(a)(I)(B)J;

4) You have waived your rights to contest any action for deportation, except to apply for asylum,

having been admitted under Section 217 of the Immigration and Nationality Act, .

By. virtue of the authority vested in the Attorney General of the United States, and in me as his delegate, by the laws of the United States,

I BEREBY ORDER that you be deported from the United States of America.

(Date)

(Signature)

(Name and Title)

(place)

. ICE ACADEMY August 1,2006

ALTER..l'~ATE ORDERS OF REMOVAL 26

__________________ ---'p ARTICIPATE WORKBOOK

u.s. Depal1mitimt o:r Jasl:b:f; Inm'~~~Scrri.'l: ..

Notice of InfentIDecwOIll to Reinstate Prior Order

FiIe'No. _

~;-------------

~~----------------------------------~----------------

liJ =f'tlmoo w.ith sectL()I'I 24-I(a)(5}ofthe !mmi~ Im(\l NaHol:IfI:iily Act-{Ae!} endS CFR 24.U, YOO aR\ here'by oolified 1bat the AlIM1.Cy GenImlI i!l1Md~to ~the ~ of ~ Q1IIir;;st ~ This intent is, ~4 Ola

~ afierthe date an "It·hich lWdt cm1er lOOk llffeet (tc" lIdlc-se1t-dep~.

!rt ~eo witi\ S~ 241{a)(5} ef'tbe Act., rOl1 art. I"I:movabfe as .an alien woo tr.;s: Uklpdly NI:.1W'II:lJOd &; Unilcl ~s afI:eT ha~ been p!a\'iou.sly Tcmo"ed or .dcpamdvolullwily while UIl1!Oer;)ln OIICler of ~ll$io.n. dlr:p!)~ <'It MIlovi!l !I.!ld are ~lbre i>Libjeet 1X> mm:l\1I! by ~ oftbe prior «dElI". Yo\:! may COIJ:t;est lh1s <ietern1illlUion by look:illg a, written or oral stlttemet\t to an immigretior! officer. You. do tl;OI' have £! righ.l: W II iIlt;:;irln!l.~' 1m immi,grntioo jud~.

1hr!:jacfS l11al fonm:ti the i>1l.'Ii/f q,f this tk€_inafiOfl.;. alla the. e,xistCl'lC<': {)f'~ rlgJd UUflCI~ a 1>9ritt{lft (1/' ~ $tal~ =£Sting thl!!

determinalitm., 'WIIti!l c.lJinimJnicatcd to the alien m 1m,. }&fgIi:r;ge.

Decisioo" O:rd:er.and Officer~ Crifi(ld.+lu

HIlVin;g Te\~ all _iiable """jdeBC'e, the lIlirninisll'lltiw: file:a:ld any statements made or ;s!.!bmil!ed il4 1i'eI;!ll~, I have deemllnea t'lm w aooviHlamed aflet\ iuuhject to rerncv ... 1 tim:ltlg'b rejll~ of tne prkJr order, in ~1IBC'e "<!lith sectioIl241{a)l:5}.:IT

meAcr.. '

ICE ACADEMY August 1, 2006

ALTERNATE ORDERS OF REMOVAL 27

________ ~-------------------------PARTIOPATEWORKBOOK

u.s, ~.el1t .of JtSti~ I:rom~iw! mld N:mn-al~ Service

F'ij"'N~:- _

T~ ~ __

A~ _

T~: ----(M::o.,--."c,....w.,.--,..";-.,,.~-. -_-.-~-.-----

Pw..wnt w ~ 23S(h} ;;sf !he l~iQn and ~it; Aet t i\~l. $. H S.C. t~ 1he ~l~ md ~i2:.atioo S~iee (~iC<:") bas detemtirled tlY<!:! }'\l>U IlrC' amcnllbie tG ~~ :!I<lItli'M.;ll7i!i~·e l"I:IlW\'m ~djng£ Tbi: ~'!!.\im!; ls. bIJsW ;:m tb: ittlft>wiQg Iille~:

L "(ClI N¢ nt>t II ~ or nmiooaI cfthe Unill::d ~

2. VQ'l1 = ~ lllItM of ._.___ and it ,I\:Il.:'ll •• 1 _

;;. ,.~ ~ the Unlred Smtes(ll(l{nearj ,_ .. _ • __ \1Il! ~ 3lx>ut --

4. At thm time you ~ ._~ _

ii. 'foo are IIOt laVf!Ul~' mmin~ fo::~~ lUid=.

6. You ... ~~ un • ¢34"~ 111 1m:, _ .. for the afkm.· t>l

______________ ---------- Co~tt

in "lo!:uioo of _ • for wbich the term of impIiSOlll'llenl ~ect l.''a>

Cha~

Vw.ire deptm:3&Je ImW =tim 2;;?(lliCl}!,AI(ti!) of (he .lW, S 1I."-t. i!::t7!aXl).{.4)(iii), as a~ ~ ~u ila\'e been <:~vic:ted of 1111 ~~ fclooy asilkfined in ~tion IGI(ai!4:;', ;onl>-- ;\.l, S I' S.C. 1l~1t.aX4:;}

~ U~ ~on Z>8(h) of !he ,;>,,~. '!he S~e i!; serving tlP'>!} '''>\l lhis !\1Q'l"tCE OF Ih'TSNI 1'0 lsstr'!1: A !"!NAl A.DM£lIIlSTRA jt'i(.E REI).-10Y AL ORDER I"N<-;tlo:: ¢l'~, witu.mf ;\ !"'~'ing befQ!'C;m rn.m;~1); Ju&Y.,e.

r~n:'l$igfd:s; and B~iifu:s;

Yoo m'~!< bereprerenl1ed(.lIfIlO ~ Ul Ule (Ji.\ru:Q stlu£s~t)~: .;.~. a.ulllorlted IG ~ in this ~g. ~r>'On wish legal adriee and ~ iffoo,i 11.;'00 rr,;;ry l:CflL..-etl.eg'.u (,'()WlSI::l tr.>m 'In; lISt of lIvwabk: tiee ~«'I~!ll.!S prol~ 'I() yoo.

You mUS!. ~d 10 rile ~1Xl ~ ill writ~.m. the SeW1¢<: ~~~ f>ffi ... 1dc.d anlhr: ~her side of ~is farm ... -tnin to ealeldar da}i Qf $f!fVice of lhi;; rt~iee (or \3 ~I~ &% if' £";'ie<; ;!. t\)· fI'I<l!t Th~ ~ mUllt ~ }'OOi' ~ witkin tlIat rl_ perioo.

In yOO( r~se):QI1 II'\lt'J': reqw;:g, for good ~e. ao e:..1~ion "I' ;1:1111/;:, n:l:t:1! ~ ~ S"JiI!!I::d lIJbo.vc (",:i;h l!lIP~ willl1ncc); r'~ an ~ot'lltmty tl> revic)t,y tI1e gt>~rt>cm'$ ~: admll~~lity; d~ rlle «rol'ltry ~ whldl ymJ cl100se 'U> be rcmQ\~ in the t:V<mI.mat a flllJii·~ (lh~It}Q\'al t!; ~ I",,'bleh <i~m1\ m(l' ~iee \~"ill b~ only '!(> thl:. Cltl.:n1 ~itI!:d 1lI!dcr ~ l4J of !he Aet, 8 US .. C. JZ3 I ~ 1I!ld.'Or. if ~'OO ~f ~Q.IllM!! m ;my spl:Ci1"1l: ~ «' QQ>\Il!;a-ks ~ ~ of~. religion, ~, ~sbip in a ~,;i:- $OI:ia! grll".JP. er pnl~! aplilllon or, if YO!.! hEOl'tWe ill ~gy ~I.C COOIltl)' or <»l1n~ ;'<.m may n:qut:$1 ~'hhh<M~ ~ ~\lIi 'III".d~ seetioa 241 th)( :) nf I!!l:: Act ee ",i!hi:Iotdill.il;l~l or 1\mI0I.'Ill tmdel' tllc C~ Against Tonwc: am Ol!ter Cro.;L I~ er ~~ h~~ IH' f'mm,~ (-Con~ Aj!\lms.t T(l;1;m!). ;\ ~rant of withholding or d~ l)f n::m~ \~ j)~ ,,'6ur return" :t .,"'III!~' or l:mI!Ilrics wh~ ~ would he p~~ \'1 ~red.. but would 11m ~'CIlt }'WTr=o'\-"21 Il' a !Si\f-:: <::>;)00(1";

YOl:! t1:l!:l!l' seek judicial revjeu.' Qf 1In:~ limll administ!'l!!i ... " (>ldl:;'!~ fil,,~ .1 petiliQI\ for review wilbin 14 C2lienWlr da}'S afier lire time sud\ limll lldminlWll1ivll' orocr es inut...:!.. c>t you II'IllY \\';)'i'l>e ;.u..~ ~p,'a! !'>'. >lia~J~.!, ill Wliting. !-'i;)tl'r ~ nO! to ~f)peal

ICE ACADEMY August 1, 2006

ALTERNATE ORDERS OF REMOVAL 28

PARTICIPATE WORKBOOK

----------------------------------------~

~j(1\t(! Ilf Sff"irt

t ~ tJlis Nofiee o(fntertt. t nn-e Ii'letttmined that the pm;!;tl) ~ed \1Ii:tb this dgm~t is the ~Wl.l UI!lI1ed Dll if!c mner 'Skl~ of ~ (()ntI...

~...u:rul.,4(~~

o r ~ned andler. served this Notice offmem to du: a&.o m d'd!

1 Namel)fI~ _~ __ ,_. "

j LOdlml'l)lE:Q.tpu:.}~r

f: W"ISI\; t1) COtll6t :!Itltlior til ReqlRlSt Wi1:l!JltltdlXl:/.t (\f R~tJvd n 1~m'yd~i~1~ nl1""h"""~~.,(.~·It).."..;f,p.·'"'

"

\

lam a ~.n CT tmtic.>mll oHM Uniied Silnes.

lam a: IawfiiJI pm::~1 ~t l)f'ane United S~ateS.

I twas oot ~e>::l of the cril:n~1 QffCl'liSC ~d in a!~i.tJu I'IIlIUbl:r () ~

I llll1l~~i:i~,mmy~t:Jllr,d~~~"''f.nr~,=iI:lu-.

o h~wilhttO{dmg«~J~fremO\-1b!.[e --" •. , ... ;fN~r$'~'l:jf~1:

I

I

, 0 Under me C~~~n A~ T'~ lx:'-..;tU5~ I feat' 1000.!ftl ID t~ t.:'>!ll1~r:- or tbOS!: CQIImries.

l.inI.1e;:sec:t:ion 24f(bX.3) oftbe Acl., ~ J fe:tr ~ ~m ,~.>tml ot'll'Iy:ace. religkm, ~.aiil;y. n\embersbiJ) ill a ~Iar =ilI) ,f;rQ!.'IP, OJ' po~ cpi:llt()11 in that ~ry (W l'il~!&. ~"HnIl>i~

t

~

P>~"f~ -~ .. ~ .. -'-;;_""" ... "'~" --i-'P>l¢-"""-1'- .. -~-~1

I Du Not '-"':ish *'0 ~ tW l«"Cj!,1~! \'\'tfhboJdin; or R'emow I

o ladmlt ~b.;;: allegations'and e~in:hi!;: NQrie? t.lfllltOO!.. J ~ d;>l1 I -lit! ~ - ~~",,"lf!dgt IIlillI am notcliglbl:: lJ ! Cor.MY h'uH~fNnef~k ~iilf!. {~.~.e;,y ~hl UH·~' ~ ?'I»I:~!.Ble l'!ba~".! ~:m.C: my li!lb:.» til\: lil perlitiM ft:!r

I ~\'offi'u: f"'mal R~'lit~. l<ma«l.1;lSht~""""..-\.~.,khlW,j{derefi'i'llafrem.f)\.':IiL lMs:tltobtr~\!!doo

t ..... "'l-....... -

L I

~...l i alst>v,-.rivctPe ~4-d<'I~'perioo :f()r~=n@n ('If If'.e Fimd R@f:>;.<",1.i ().~ ,

! -~ ... -.----. . -----·1

! ~..£k=s~d"") ,Jm_' ...... a •• ~,~ ~""TiIm:I I

-----(-&_--,.,-".-,"-""""'-,--.---.. -----;;.;;..~ .. ,,_"'I"Ili<o;.;~ --,m,-, -"-''''-~-Ti-----l

~---------------------------------- --------~--------------_4

I

! I

I

'TJI,e ~'i<::e .. ~ a. ,be "'I>Q"~ .. d""'~ must QiF!:;E1Yl" 3'11'" ~lm! ",,'tl:r\n til dldttl;tr ,I,

~ from (b;:- date of ~ if! tIU~ .,..lh: .. {or lJ 'Calea4sr II"),,, l'f srnirei> b-y m<tii).

,~------~----------------~

R£T,lJRN THtS FORM TO:

Unned fiI't:I.Us ~!l,lJtnf .~r JtfS(<<:e [mm.igntlitn', and N'atltr.AlUatia.n 'icrvil:e

---_ .. ----., - '"

ICE ACADEMY August 1. 2006

ALTERNATE ORDERS OF REMOVAL 29

P ARTICIP ATE WORKBOOK

~----------------------------------~

. u.s. Dcpoutmel4<>f ~,,~ ltDmip1ioflllfld 'N~OO' Sen'ice

FINAL .W:MIl\"'JSTRATIVE REMOVAL ORDER lJMlER SECTION 238(b} OF THE IMl'fn:GRAttON AND: NAtiONALITY ACT

FileN~: ~ _

Daw: _

To:

Ad~~.-·-s;----------~--------------------~---------------------------

)

ORDER

Based.11 the allegations set furthin the Nance of Intent tLlls$ue a FitmJ ~ve Removal Order aDd

. evidence CQmained 10. !he admini~ recm:d. r,-the ltIlder:signed Deciding SeM~Officer of the I~cn - arid Naturaii'za'tion Senice, .Illl8ke '!he :f.bUorwing fi:rufuIg,s of fact and emId\l$ioss oflaw. I find tbBt you aN not a citizen or mttio.nal oft!l.~ tTnit.ed States and !hat you. ".VeIS not lawfully ~ fot perman_reside:D.oo. I further find th2:t yoo oo'e a ~ oonvi«ion of an B8pvated {dOllY as; de&.ed in seotion.l (}l (a.)( 43) «the Mt,

8 U,S.C. 1101(a)( 4,;,'1. aDd we ineligible fur any wHet: il:onl removal that the Attorney Generalll1ay grant in. an e%erolse of discretion. I fiI:rther nod that the admWmative record ~stablished by dear. collVino·mg, and \!lleqcivocal <wi<l.ence taat ;'011 are deportable as an alien OO!'lVicted of an 8~'vated felony ~.:ro secti.on 2S7(:;X2XA)(ilii) of the Act, 8 U.S.C l221(a)(2)(A)(iij). By the p0V>!'ef and authOrity vested in the A~ General and in till: as the Atto.I:ney Gmeral's delegate 1lI.ll.d.er the laws. of the United. S~ I find you deportable

as ~ and order that you be removed from rue U:ttiIlad States to '

_~ .,.".,.,. or many alternate· oomrtry pl.'Ill:ser:ibed in section 241 of the Act.

Petinon :fur review: hi Waived by respondent. o Reserved by~deuL

Cmffiea~ of Service

1 served this FINAL ADh-nNl:STRATIVE REMOVAL ORD£R ~n the above named individual.

ICE ACADEMY August 1, 2006

ALTER.'N'ATE ORDERS OF REMOVAL 30

P ARTICIP ATE WORKBOOK

------------------------------------~

us. Departmellt oUusti<:f: fmmigratif)n and Na!1lralizalion Service

Record of Sworn Statement in Proceedings under Section 23S(b)(l) oftbeAcl

Office: _

FileNo: __

Stuementby. ___

lr.me~eo~ • ___

Date of Birth: ~

Geader{circle one): Male Female

At ~----------------------------

Ome: __

Before: ~--_..~~------"-----------------------------------

(N= e ...IT;u,,~

LIl the ~lllDgIl.age. Interpreter

______ Empioyed'by"-- _

I am an office, of the l...'nited StaleS tmmlgratiOl;l and Naturali:;r:ation Service. 1 am atItllorized to adlninister the immigration laws and 10 take sworn St'allementS. I want to take )'OIIT sworn statement regarding yOW' application for oomissi()!l to !he United States. Before J take your statement, I also want 10 elq)lain your rights. and the purpose and consequences oftilis interview.

You do not appear to be adm!$Slole or to have the required legal papers autbortzing your admission to the Ulliicd States. This llllI)' resalt in your ~jng deniod admission and immediare!y returned to your home ctnI.!ltry without a h«ilring.. Tf a decision is made to refuse ycer admission into the Unit!:d States, you may be ilnmedia~1y removed from 'Ibis country, and if so, you may be barred from =tty fora period of5 years or longer.

This may be your only oppatUlnity ro present infol"l'l.'lll.tion In me and !:be Immigration and Natul'alizmon servtce to make a deeision. It is yt::ry i.mportmt that YIlIl. tell me the truth, If you lie or givomisinfonnation, you may be su!:tied to criminal or civil penalties, Of barred from receiving immigration benefits or relief now or in the ftlll.l'le.

Except as I will explain to YOIl, you are not entitled to a bearing or review.

U.S. law provides protection (D certam persons who face persecutioaharm or tortnre upon return to their Ilool.erolllltry. I~ you rear or have a concern about being removed from the United Slates or ab"u{. being sent home. )'OU should tell me so dlITill.g tiJis interview because you may not have anoclher chance. "i ou will have the opportunity to speak privately and confidentially to another officer about ~ol!r fear or concern. That officer win determine if you should remain itt !he United SllItes and nor be removed because ofilia! rear.

Until a deeision is reecbed in your case, you will remain in the cusrodjr of me Immigration and NaltU:alization Service.

Any statement y'Ou: make may be used against you in this or any subsequent adminlstrarlve proceeding.

Q: Do you understand wiIlrt I've said to you?

A.

Q. Do you have any questions?

A.

Q. Axe you willing to answer my questions at this time?

A.

Q. Do yon SWlW' or affirm that all the statements you are about to make are true and complete?

A.

Page l cf __

ICE ACADEMY August r, 2006

ALTERNATE ORDERS OF REMOVAL 31

' ...

PARTICIPATE WORKBOOK

---------------------------------

Jurat for Record of Sworn Statement in Proceedings under Section 235(b )(l) of the Act

u.s. Oepll.l'tmellt at' JIUtice

lmmigf'2tion And NatlrraJi2atioo Service

Q= Why did you leave your home country or 00UIl1!y erflast residence?

A.

Q. Do yOl! have any fear. or concern about being returned to your heme country or being removed from the United States?

A.

Q. W~ld you be harmed if you are retumed to your home couarry or country or last residence?

A.

Q. Do you have any questions or is there any tiling else YOIl would lU<e to add?

A..

I have read (or have had read t!) me} this ~a:hnnenl, collS'isting of __ pages (Inclsdmgthis page). state that my answer. are true lind correct to the best of'my knowledge 3!ld that this stil=entls a full. true and correct record of my iarerrogeuon on the date Indicated by the above-named officer of the rmmig~()ti lind Nanrralization Service. I 'have itlitialed each page of this statemen: (:and me

corrections noted on page(s) ~.

s~~ ___

Sworn and subscribed to before me 31 _

on _

Witnessed by: . _

Page of __

j

ICE ACADEMY August 1, 2006

ALTERNATE ORDERS OF REMOVAL 32

P ARTICIP ATE WORKBOOK

----------------------------------------------~

U..s.l)ep5T'tl11mm J~ lmm;~~};'im.~Sem""

File No: _

~-------------

fu~~1att~or. ~ ~ ------~~-

. .

Pu:tsuant 1;0 section235{b)(t)eftne ImmipotHlttd Na.ionaljty Act(Act},(S O.s.C. ]22${b)(I}). the immigration ami Na:ruraii:r,.ation Service ims ~ !ha1 }'OO me taaGmisst"hle to the United Stmes under

~s) 212(a) 0 (6){C)(i.,k 0 t6)(C){ii);O (1)(A}(i)(l); 0 (7}{A){i)(U); C {"i)(B)(i)(!); and!'or n (1){B)(i)(lI) ofthl Acr, as ametlided. and 1h:refme are su~ ttl removaL in tMt:

------------------"-----------------------.------~------------------

_ .. _I .... ~ .... _" ...... ' ....... ,~..t.It.\IoMlIol.,._ ... _, _

------------~--------------------------------~--

ORDER OF R£MOVAL

UNDER SEC'I1O:N 23S(b)(t) OF TIlE ACT

. Based upon the derer.tnlnation set rorth ~'e and evidence ~d during itlspecticn m: ~tion ptl.l'Sl.laal to section 235 ofthe Act, a .nd by !he ~rily contained in sel."tion 235{~}(n oft:be Ar:t, you arc 5:lund r.o be inadmissible as clmrgerl and Ol:de:ted rem()ve.d from the UniI:1:d States..

CEiITfFICA TEOF SERVICE

ICE ACADEMY August 1,2006

ALTERNATE ORDERS OF REMOVAL 33

Alternate Orders of Removal Supplemental Forms

Instructor note: The forms used in this lesson plan are included in the Participate Workbook. They are embedded in that they carry the Participate Workbook header and footer. This packet includes all forms. "unembedded" and may be used at the instructor's discretion.

\ i

ICE Academy August 1, 2006

Alternate Orders of Removal

li'NITED STATES DEPAR~"'T OF JUSTICE EXECUTIVE OFFICE FOR lMMIGR..4.TION RE\,LEW OFFICE OF THE IMMIGRATION JUDGE

City. State

IN THE MATTER OF:

IN REMOVAL ·PROCEEDlNG$

Respondent

A#.

______________________ ~I

S.TIPl!"LATED ltEQt.I$ST FQR: .oRDER OF ~EMOVAL A.l\'D

WAIVER OF HEARING

I, ("Respondent"'), voluntarily and knowingly make the following requests, statements, admissions and stipulations. I understand that by signing this document, I am requesting a prompt order or removal from the United States.

1. I have received a copy of the Notice to Appear ("N"TA") @ted __ --~---_J and my , fu II, true and wr;cect, name. is as indicateq "t:h'erein. Se~.attac.hed NT.A..

2. I have been advised of my right to be represented by alawyer or other quafified perSon to represent aliens in immigration proceedings at no expense to the government of the United States. I have also been provided a copy of the legal aid list,

3. 'f am at least 18 years .of age.

4. I hereby voll:mtarily concede and acknowledge that 1 am not a citizen of the United States. I further v61uri.t:aJ.'ily concedeand acknowledge that my parentsare not citizens of the United. States ~d, therefore~ I do not derive any citizenship benefits from my parents.

5 .. 1 understand that I have the right to a hearing before an Immigration Judge in which hearing 1 have the right to be represented, the opportunity to examine and object to the evidence presented against me, to present witnesses on my Cf'WD behalf, to cross-examine witnesses presented by the government, to present my own evidence and that the government may be required to prove. that I am remevable from the United States. Knowing the above, I hereby waive those rigbts and request my removal proceedings be conducted solely by way of'written record without a hearing,

6. I request that my removal from the United States be based solely on this stipulated request, By signing this document, I understand that I am giving up the right to appear before an Immigretion Judge and that I will be removed from the United States without a hearing.

7. 1 admit that all of the factual allegations contained in the NTA are true and correct as written, and I concede that r should be removed from the United States based on the charges contained therein.

)

8. I voluntarily and knowingly agree.stipuiate andrepresent that ~ am-netapplying for any form ofreliefftom removal, inclUding put not limited to; voJuntarydeparture,asyfum, withholding of removal, protection under ~e Convention A,gainst Torture, adj ustmem of status, registry. de novo review of a denial or revocation of temPOf¥y protectedstaras, cancellation of removal under section 240(A) of the Immigration and Nationality Act ("Act"), or any other possible relief under the Act.

9. r consent to the introduction of this document asan exhibit to the record of proceedings.

10. I request that an order be issued for my removal to (country of

removal).

11. I accept a written order for my removal to the above county as a final disposition of these removal proceedings.

12. I waive my right to appeal the written decision for my removal from tile United States.

13. r understand that based on the removal charge(s); I \,,11r be barred for __ years from returning to the United States.

14. I, or.my attorney, have read (or I have had read to me in a language I understand) this entire document. I fully understand its consequences. 1 can unequivocally state that r have submitted this document voluntarily. knt>~:ingly, and Intelligently.

l-certify that all of the informationl have given in this document is trueaad correct.

Date

Sig!iature of Respondent

Printed Name of Respondent

I certify with my signature that I have filed a notice of appearance as alien representative in accordance with 8 C.F.R. § 1003 . 17(a).

..Signattire, OfA1:t0rne:(

Date

Printed Name of Attorney

I certi:f)r that as thegovernment representative.fhe content of this document was explained to the Respondent in a Ianguege he 01-· she understands, or to the Respendenr's representative.

Date

Signature of Government Representative

Printed Name of Government Representative

, ,

2

UNITED STATES, DEPARTMENT OF JUSTICE IMMfG'RATION AND NATURALIZAT10N SERV1CE

NOTICE OF ll'\1"{'ENT TO DEPORT FOR VIOLATING TIlE TERMS OF YOUR Aj),MlSSJ(iNUNDEa SECTION 217 OF THE IMMIGRATION AND NATI6NALITY ACT

TO: LAST NAME, Fir-st Name

File No. A GO 000 0.00

The Immigration arid Na'tmalizati<m Service has determined thai you entered the United States pursuant to Section 217 of the Immigration and Nationality Act Accordingly, you executed a, Form I·7?1. Visa Waiver Pilet Program Information Form, that explained' to you the conditions of admission uader the Visa Waiver pilot Program. 'When you signed Form 1-791. you also waived YOur right 'to contest deportability before an iInmigration judge and the Board of Im:migp!l.tion Appeals, and to any judicial review of any and allof the.above. decisions.

The Ir:ru:pigi:'ation and Nlt~oa Service has determined that you have violated the tenas of your admission under Section 217 of 'the Immigration and N ationality Act on the grounds that

You have remained in the United States for a time longer than permitted.

Accordingly, the United States Immigration and Naturalization Service has entered an order that you be deported 3:Dd removed from the United Stares,

Signature:

Title: District Director

Place: Location

UNITED STATES OF AMERICA DEPARTMENT OF JUSTICE

immigratio'n and Natura1iza.t.ion Service

ORDER OF DEPORTATION

Section 217

TO: LAST NAME, First Name (AOO..ooo-OOO)

Ha,ring ,determined that: ~

I) You are 'nei:ther a cj:ti.z;en hot a natiorial Qfthe United States. and;

2) You were admitted to' the United. States on at

--: -..,- under Section 2 J 7 of :the Immigration and Nationality Act, and

authorized to. remain' until

------

3) You have violated the conditions of'that admission, in that:

\ J

~r aclmil3'Sion as a norilinmigrf:U'l~under Section 21:7 of said Act, you have remai.!"J;ed in tbli( Unite4State;s lci.nget than·~rize\l [Section2~7(a)(lXB-)];

4 ) You 'have waived your rights to contest any action for deportation, except to apply for asylum, having been admitted under Section 217 of the Immigration and Nationality Act,

By virtue of the authority vested in the Attorney General of the United States, and in me as his delegate, by the laws of$e United States,

I HEREBYOR,DER that you be ~ported from the United States of America.

(Signature)

(Date)

(Name and Title) (place)

tt..."- .~~ 1M Jeti~ ~~~~~,~it.'e

'Pile N~ _

~

-------------------

h" ~;lI:~~"t ~1th $&:Ut':l:l Z:i~(:t)'(S)~~!ff! lim.~ti()UOO ~zll~f' A(lt~l;sr~:& Cl'~ 2:tL~ ~'®mre ~~~:qQ~~ ~

• .\~~ ('@eral mt~w ~.atf!'tbe ~rqf ",, .• ~_ .. @l:~~ ~i ~mum1 i$~u:r ~r~~"'~?~?Ilt~r

0. \t'ilS ti!JnO~'t:¢I _~____,,~.""". ,~~.~·a~ ~~~j~'(l i~fmm'lW'tt

:ir:ma<

o ~~<!~ft --~~~W'.I ~er~rtt~n..-u~i~~ [r~'q:d(ltt.«

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.i\:t1«_~ 00 ~ .. ~b ~ 6liier~ e;l1'ect' r~ .. ~ d"...d!!po~J.

S. y~ megat~·~1ite ~ ~~or .... _:"~---'ilt,'Cffi~OC----__::__~----

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~jj:ii.J ~~hf~ ~z ~\l>W~~"":t'l/tWi'~:l.s·;O:l: wt:~"'"""'~~ ~~'~u;; .......... · ...... ~ftii:JiW 'Uli.Ail':t.~ ;Ji~.i~ 'J . .r;;c;:~ .. ~ ~~ ~ .. ~I·_

~m';.."~~~i~yr~or~i\..mtri:r:f~ .. af1~~M(.~t~~t1tmn~_~t~ ~,,-ij~Ml·tt.~~~b;' ~m:~d'~MPm.rr'(I~· "r~GU~ ~d!~d~~ ~·~~~w:mt~~~ii~m~ ~ i;l!o.'ili~iOO mf'~. 14(;iU do fttIot ~i'$ ~ifu'i ~ ~~w~~cm ~ mm4r~Wi:I~

T~ .. Iir.,;i$ riWJ!J~~·~!t fl.tfr~ ~:f&1;, <fmtl!'I:i!~~iffa~f ii;;,J.!t;!2.~{; '~tm«' f»"d:a~'l'3Nff.~fM

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~l£;M'i~ aU av-..tt~~~~l.'l=!-~~t~~ ~md.iltt$ ~tMli!t<>'lS~1'l\r~.~~ i~~~ .. I ~~~W~ . ~ th~~¢-rmr~ ~ts~.:~ (;$.re;n~.u ~'"Sh ~..\!m=t .• ?'ftl-~~~. it:;Zf.~~'II= wil.;'h~.n ~ll(a):5j~f ~Al::t.

~"'-'-' .... ,. ' .. -' ._---- -- -,

~>X''f'~-~>i1.f~itl;)

u.s. Depa.rtme:nt of Justice lm1niCionand Naturalimtion Service

N once of Intent to Issue a. Final Administrative Removal Order

In removal proceedings under section 238(b) of the lmmigratioA and Natio<rtaiity Act

File No:- --

To:

-------~---------,-- ...

Telephone:

Pursuant to section 238(b} of me lmmigmtion and Nationality Act (I\ctl. 8 t1.S.C 1228(b), the immigr-&i.on and Naturalization Service (Service) has derennined that you are amenable ta expedited. admim!ttrntl\'e removal proceedings. Tbe determination is based on tile following allegations:

I. Y ot! are not a citizen or nerional of the United SUItes.

2. You are a native of .__ and a utlll!n ,If - _

3. You entered the United State.'l. (at){l1ear)

4.. At that time you entered _

5. You ~ not lawfully admitted for permanent residence.

6. Yl1" were. on , convicted lfl'lh<.'

---- , for {he offens<' 01

on or about

Coun in violation of for which the term Qf imprisomnent. imposep was

---.-- .. ,~---

--~----------------- .. - ..... -

\

':Cll.a.rge;

You are, deportable under section 737(a){2XA}(m} of the Act... 8 U ,,.(. [227~a){2}(A)(m}, as amended, because you have been convicted of an aggravated felony as defined In section to !{a)\43l (If lil" !\\ I. g {' S.c, 11 Ol(a)(43),

Based upon sectioe 238(b) of the Act. the Service is serving upvn you this NonCE OF INTENT TO ISSlJE A FiNAl ADlVUNISTR.~ nVE REMOVAL ORDER ("Notice of Inrenr") wifhmn a I!<:arrrlg before an lmmigration Judge.

Yonr Rights and Resp£:tnsibi~tjes;

YO!! may be represented (at no expense tq the Unit-ed StateS g<)\"emmenq bv counsel, authorized. to practice ill this proceeding. if you wisl1legal advice and cannot afford ft., yO!! may ecntact legaJ coanse: from uie lISt of available free legal services pmv:ided to you.

You must respond'to the above charges in writing til me Service addr~'$~ rr')\'Wed on the- other side of this form ",1thin to calendar ~'$ tyf service of this noti<ee {or 13 calendar 0a}'S if service 15 h:r rna \} fbe Service m.ost RECE[~ your response within that fim,e period.

In your response you rnay: request. for good cause, an e;>;;itlnsiGI'l or tune, rebut the charges: stated above (witl:l supporting evidence)', request an opportu.nny 10 review' the government's evidence; admil deportability; designate the c-oulrtry 'to which you choose to be removed in the ev~:r:t that a final order (If removal is issued (which d<lSignslioll me Service will honor only to the extent permitted IJlider section 241 of tile Act. 8 1l.S.C'. 123'1}; aneVor. if you fear persecutioti tn any specific country or countries 'On accoant of race, religion. nationality, membership in a particular- social grQup. or political opinion or, If·:y<.lu f-ear torrere in any specific co-untry or countries, you may request Withholding of removal under section 2~~[!h)i;) of the Act or 'withholding/deferral of removal under the Convention Against Tou:\l.Ire and Other Cruel, Inhuman. or Degl1ldmg 'l'reerment or Punishment (Convention Against Torture). A grant of withholding OJ deferral of removal v(tluld prohibit your return I' OJ tllllnt!j' or countries where you would be persecuted OJ tortured, bUI would not prevent your ,removal eo a safe COUl'llt:<.

You may seek jl:i.dfcial review of any tina I administrative order by filmg., petition for review within 14 calendar days after the date such final administrative order is issued. or you may waive such app<'u l~, ;/;lht1j!. in \\-Titing. your desire not to appeal.

)-" Certii'irate of Service
I served this Notice tlf Intent. I have determined that fhe person served witb this document is the ind.ividual named on
tbe(>tner side of this form.
-- - --
(S~IIll!Il:e ami Titlt« (>fflee:l (/);\I~ ami Maafte: d Sel'\>ice)
0 I ell'.plained and/or served this Notice of Intent !(j the !tHen tn the . - - . -- _ .. language.
, Name ofTnterpreter .- - - ~ :>".
LocationlEmployer --
I Acltl1owled~ tnat I Have Receil'ed this Netlce or Intent Hj Issue a FlIHII Admill!strati,'c Removal Order .
-- .
\ ':iif,l'4l<i'Il'" <lI'R""":mcl<..,,ti (Oi!!:: ;;nd Time f
LJ Alien refused to acknowledge receipr of this dOCUl:llent
--, '.
(~wd 11tle of Offi=) (Dare 3!ld Tune}
) Wi~b: to Contest and/or t()- Request U,'itblioK1in:g of Rem.oval
o f conrest my deponability because: rAllm:h llr,:.' stJPpon.ii1l! dm -ument, 111· 'Ii
,-
i"" I am a citizen or tuttiooat of the United Staies,
f= f. am a lawful permanent resident oftbe United Sta!.es..
t== I was not convicted of the criminal offense described in allegation number 6 above. ,
'- lam attachmgoocumetlis in support ofmy rei>u1lal and ~tlest f<w fmthcrreview.
o 1 request withholding or deferral ofrem<rval no _ - ,. - _ •• - < (N.WlI'li.») of Country QfCoomrtCs):
;J UndersectfoR 241(0)(3) of the Act;. because (fear persecution un ,ICCtiUm of my race, religion, nationality, membership in a
I particular social group, or polit~tal {)pinion in that country OJ" tho:;,' countries.
Under the Convention Against Torture, because [ fear torture in Hl.It ,IHmlr~ or those countries,
,-- .- .-- -
I (S'itP- of Respooom~ ll'nH!Cd "'tl'~t' ~~ i~~r!~~l1 (D.1I-ll1100 'fimc~
---
I Do NQt WjSil~ ~o Contest er Request Withb'eokHng of Remova[ 10 j admit the alleg~ions and charge in this Notice of Intent, I aatni1 that 1 ;l0l deportable and aokn.'Dwledge tbat I am not eligible

. f'Gr any-form of relief from removal, r waive my rigiu tQ reErut and c, Il'll<::'it the above charges and my right to file a petitiQIl tor

I review of the Final Removal Order, i'l\}n<lt\'\;'iisht(lre~!I.l~[~\'ithlwldin"Clrdeferralofremo\'a!. l wish to be rernoved to

!' . .-

i

~"l

1'--' I also waive the 14-d~y period. for execution ';~f Ihe Final ~emoval 01 ili:!

RETURN THIS FOR.M Tn:

United States Department ~r Justiee ImmigratiOll and Natu;ralil,JUinn S(,'J'Yiee

ATTENTION:

"Ibe Service gffice at tile above address ml!st RILCEIY.£. your r~pe-nse within: Hl-c-afundlada~ frlim tIre date oQf ~ke of Ulis ooti(;f (Qr 1 J Ca:I"-Ilt!ll r days if sen'iC"e is by m:aiil).

'~- -- . ......::..-------:----------->'

FQ!'m I-S51 {Rev. 5-19-99, N

U.S. Departm.1mt of Justice ''"t'Imi,gratioo and Naturlilizatioil Service

Final Administrative Removal Order

FINAL ADMlNISTRATIV"E REMOVAL ORDER UNDER SECTION 238(b) OF THE IMl\fiGRATION AND NATIONALITY ACT

File No:

-----------------

Date:

-----------------

To:,~---------------------------------------------------------------

~s: --------------------~~~~z=~~~~------------------------

(N1IIli'ber, ~\, city ~ .. mtz{!'~)

ORDER

Based upon the a11ega.ti.ons set forth in the Notice ofIr.rtent to IssUe a Final Administrative Removal, Order and evidence contained in the administrative record" I, the unders,igned Deciding Service Officer of the Immigration "'Ud Natura1iza:tion Service, make the following findings offac.tand conclusions ofla:w. E fin.d that you are not a

~.izen or national of the United States and that you 'Were not lawfully adnrl:tted for petTl'lallent residence. I rilrther find that you have a final conviction of an aggravated felony as de1jned in section 101(a)(43) of the Act, & U.S.C. H01(a){43). and are lneligrole for any relieffrom removal that the Attorney Geaeral may gnmt in an exercise of discretion. I further find that the administrative record established by clear. oonvincing, and unequivocal evidence that you are deportable as an alien convicted of an aggravated felony pursuant to section 237(a)(2)(A)(fu') of the Act. 8 UB.C. 1227(a)(2)(A)(iii). By the power and a:uthority vested in the Attorney General and in me as the Attorney General's delegate under the laws of the United States. I find you deportable as charged and order that yoa be removed from the United, States: to __________________ or to any alternate co1l.1ltry prescribed in section 241 of 1he Act.

Petition for review: D Waived by respondent. o Reserved by respondent.

C.ertificate GfService

I served this FIN.A..L AD:M:I:N1STRA TIVE REMOV Ai ORDER upon the above named individual.

u.s.. Department of Justic:e

r rnrrrlgration and Namra!.izatiO!l Service

Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act

~:--------------~---------------

File No: ~ _

S~rememb~ --------

in the case of:

~e~B~:~ __

Geader (circle one): Male Female

At: _

~:-----------------------

Before: ~~--~~----~--------------------------------

(Na_""dT'i!le}

In the language. Interpreter Employ-eO by _

J am an officer (lfthe: U~ Stares bnmigration and Naturalization Service. I am authorized to administer the mm'ligration laws and to take sworn statements. I want t\o tak~ your sworn smement regarding your app·lication fur admisswn to IDe United States. Before I take your statement, I also want to explain your rlghl£, and tbe pllrpo$e at:Id eonseqaeeces Qfthis interview.

You do not appear to be admissible or to have the required legal papers authorizing YOIlr admission to the United States. This may resslt in your being denied admission and immediately returned to your home country .... ithout a hearing. If a decision is made to refuse your admissi!On into the United States, you may be immediately removed from this COOI'ltr)', and if SO, you may be barred from reentry for: a period of 5 years or longer.

, This mllY be your only opportunity 'to present information to me and the ImrnigratWD and NatUtaiizatil)ll Servjce to make a ) .iecision. It is very important that you tell me: the truth. If you lie Qr give III isfnformation, you: may be subject to crintinal or ,I civil penalties, or barred from receiving immigmion benefits or relief !lOW or in 1De future.

Ehcept as r will explain to you, you are not entitled to a. hearing or review.

U.s. law provides protection to certain persons .. vbo face persecution, harm Or tortur~ upen return to their home country. IfYOll fear or have a eoncern about being removed from the United States or about being sent borne, you sbicmldrell me so during this interview because you may not nave another chance. You wit! nave the opportunity to speak privately and confidentially to anOther officer about your fear or concern, That officer will determine if you should remain in me

. Unitro S1ates and no.t be removed because of that fear. -

Until a decision is reached in )'nur. case, yoo will remain in the custody of the lmm1grnti<:>n and NaturalIzation Service.

Any statement you make may be used against you in this or any stlbsequent adm.inistrative proceeding.

Q: Do you understand what I've said to you?

A.

Q. Do you have any questions?

A.

Q. Are you willing to answer my questions atthls time?

--,_ -A!.:!. 1)0. you S\"<J~r or afffrm that aU 'the staremems you are about to make are true and complete?

~el()f_._

U.s. Oepartment of Justice

Immigl'llltian aml; .Naturalization Sel"i'i<:e

Jura.t for Record of Sworn Statement in Proceedings nuder Section 23S{b){1) of 'the Act

,"'" .,' .' '. . . ,,.

Q: Wby £lid you leave )'OUi home country or country aflast residence?

A.

Q. Do you have any fear or concern about being returned to your home ceuntry or being removed from the Uaited States?

A.

Q. Would you be harmed if you are returned to your hOme eountry or QOun.\:ty orias! residence?

A.

Q. Do you have any questions or is there anyttdng else you would Hk.e to add?

A.

I hsve .read (or have had read to me) this ~tatenrellt, consis.ting of ~pages (inciuding this page). 'I $tare that iny answers are true and correct to the best of my kntnvledge ~ tbat this statement is a full. we and correcrreeord of my interrogation 'on the <iateindii:late<f by the a:bove-nam~~eroftbe . Immigration and NaturalizatiON Servi~. I have initialed each page ofthis statement (and the

corrections noted 011 page(s) _ ,.. .

Signature: "' ~

Sworn and subscribed to' before me at

--------.

on .

Witnessed by: _

Page __ of_

U.S. DepartUltmi of Jmtiee

Immigration and Naruralizaticn Serviee Notice and Order of Expedited RenJ.OIVal

/' ."~. ~~~~~~~~~~!!!!!!!!!!!~~~~~~~

DETERMINATION OF INADMISSIBILITY

File No: _

Date: _

milieMatt~of; ___

Pursuant to section 235(b)(1) aftne Immigration and Nationality Act {Act}, (S U.s.C. I 225(b)(1», the immigration and Naturaiization Service has determined that you are inadmissible to the United States under

section(s) 212(a) 0 (6)(C)(i); 0 (6)(C)(ii); 0 (7){A){i){I); 0 (7)(A)(i)(II); ,0 (7)(B)(i)(I); and/or rr (7)(B)(i){II) of the Act. as amended, and therefore are subject to removal, in that:

"\ )------------------------.-....0:---------

ORDER OF REMOVAL

ill'H)ER SECTION 235(b){1) OF THE ACT

i

! I'

Based upon the determination set forth above and evidence presented during inspection or examination pursuant to section 235 of the Act, and by the authority contained in section 23 5(b)( 1 ) of the Act,. you are: found to be inadmissible as charged and 'Ordered removed from the United States.

'Name and title of immigration officer {Print}

Name and !itl~ (l-f supervisor {Print)

o Check here if supervisory concurrence ""iRS obtained by telephone or other means (no supervisor on dury).

CERTIFICATE OF SERVICE

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I personally served the original oHilis notice upon the above-named person on - _

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