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Detained in jail and on line for removal

Discussion in 'Exclusion or Removal from USA' started by WongGendeng, Aug 25, 2011.

  1. WongGendeng

    WongGendeng Registered Users (C)

    Any advice will be helpful...

    I have a cousin who is currently in immigration custody waiting in the line for being removed. A little background about his case. He came to US in 2000, applied asylum (based on religion and ethnicity) in 2001, went all the way to the third circuit and finally was denied. In 2005 BIA issued a volunteer departure, and he appealed the decision. In 2007, board of appeal issued another volunteer departure, which he ignored, and he disappeared. Last week, finally he was picked up by ICE, and that's why he's currently in the detention. Other facts about him, he has no criminal record, he has no spouse nor kid, he has no property, he HAS a sister who is US citizen.

    I spoke with few lawyers about the possibility to apply stay of removal for him. One lawyer said that it was 50-50. One lawyer said that it has a chance, and we should try it. Two lawyers said that his case has a very very slim chance, unless he has a very very good reasons like medical or family over here. One of these lawyers even said that since he violated the volunteer departure, he's not eligible for 10 years bar removal nor stay of removal.

    I don't mind to get a lawyer for him even when there is a slim chance. However, if there is NO chance at all, I think I'd rather give the money to him to restart his new life in his origin.

    Finally, is stay of removal something that I can apply without an attorney , or I really have to get one?

    Any advice or sharing of past experience is appreciated.

    Thank you!
  2. BigJoe5

    BigJoe5 Registered Users (C)

    Some lawyers like to get paid even when there is NO CHANCE to win a case.


    (d) Civil Penalty for Failure To Depart-

    (1) IN GENERAL- Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United States within the time period specified, the alien--

    (A) shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and

    (B) shall be ineligible, for a period of 10 years, to receive any further relief under this section and section s 240A , 245 , 248 , and 249 .


    (e) Additional Conditions.-The Attorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens. No court may review any regulation issued under this subsection.

    (f) Judicial review.-No court shall have jurisdiction over an appeal from denial of a request for an order of voluntary departure under subsection (b), nor shall any court order a stay of an alien's removal pending consideration of any claim with respect to voluntary departure.
  3. bahamas68

    bahamas68 Registered Users (C)

  4. WongGendeng

    WongGendeng Registered Users (C)

    Thanks BigJoe5 and bahamas68. So, is it like what bahamas68 said? No chance? If that is the case, I will stop pursuing anything from any lawyers.

    Thank you so much once again.
  5. NICK66

    NICK66 Registered Users (C)

    wow he had a good run ..kudos ..you better give him the money to start all over again in his country

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