Deportation

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xmsmmgr

New Member
Hi all,
I lived in California. I applied for Asylum 3 yrs ago, b4 the sept 11. I had been convicted for a misdemeanor case 3 months ago, and spent 2 months (I have to fight it from inside because INS held me) in county jail and 3 weeks in Immigration detention, then released under O/R - no bail, just a simple release - thank God. the INS still have my passport right now, and I have to report every month.

I decided to gave up my asylum case and go back to my country (i know many ppl had advise me to stay in US and fight my case. but i just decided to go home.)
My next court is an individual hearing on Sept 8.
I talked to a public lawyer(a free one), but he said i don't need lawyer , cuz I'm leaving US. I've learned that I wouldn't be granted for a voluntary departure because I don't have a good moral record. So I'm expecting a regular deportation.

However here are my questions:
1. are they going to detain me again, if I'm in deportation order? What should I do to prevent that? any experience?
2. Before I get deported, how many days(min and max) would they give me to stay in US before I leave?
3. Do I have to pay a bail? What if I don't have money?
4. should I buy a airplane ticket before I came to the court?
5. My passport, which the INS has, was expired last month -- need to be renew --. Should I tell the judge regarding this matter right now(by sending him letter) or later at the court? I need to renew it before I leave US. Because I heard the INS will give me back my passport in the airport.

thanks for any respond.
God Bless
 
Maybe this can help.....

My situation a little bit different from you case But.

what I know from my experiences is that :

-when the jugde wanted me deported he gave me 1 month and then I was to meet up with a INS Officer when that day came.
-I was not detained after the judge ruled against me, I left the building kinda confused actually that they didn't take me right then and there. But I later got a letter telling me the Time and Date of my deportation.

Maybe you should atleast let the court and the judge know what are your plans IF you really want to go HOME ...........( if )

See I can relate when you said that "i just decided to go home" statement....
Its funny but I felt the same way when I got into all this shit because I was thinking like " They EXPECT YOU TO BE ON THE RUN AND BE LIVING LIFE ILLEGAL" but I can show the INS and whoever that I AM a Good person regardless of what stupid things I did in the past and I CAN AND WILL BE BACK IN THE US the LEGAL WAY.

I can't really help you but this is all I could give to you ......GOOD LUCK and Remember Play the Game the HONEST WAY, it will pay off in the LONG RUN....
 
They did not take you in after the deportation hearing for 2 reasons:

1. The 240 pound bald headed goons that would take you in were not there and they didn't want to wait (it would have been a pain to summon the goons);

2. You can appeal the Immigration Judge's decision to the Board of Immigration Appeals within 30 days and that stays the final order of removal until the BIA rules, which will likely take the better part of a year.

After 30 days, if you have not appeared, you will get a "bag and baggage letter" ordering you to report with your bags at a certain place and time for removal.
 
thanks alot! that was a relief..
yes i need to leave US before december because i'm planning to attend a university on january.
what about these qs?

3. Do I have to pay a bail? What if I don't have money?
4. should I buy a airplane ticket before I came to the court?
** 5. My passport, which the INS has, was expired last month -- need to be renew --. Should I tell the judge regarding this matter right now(by sending him letter) or later at the court? I need to renew it before I leave US. Because I heard the INS will give me back my passport in the airport

>After 30 days, if you have not appeared, you will get a "bag and baggage letter" ordering you to report with your bags at a certain place and time for removal>
6.i see, um, how huge and what is the max weight i can take w/ me if i got deported (regular deportation) ?
 
Hypothetical question:

What happens if you have a deportation hearing and you don't show up, instead you send them a post-card from your home-country ?

Their goal would have been achieved, or do they insist on kicking you out in person ?

xmsmmr,
Can't you get a travel document from your home-countries consulate in order to return ?
 
Last edited by a moderator:
>Their goal would have been achieved, or do they insist on kicking you out in person ?
* To be honest I was going to leave on August after I got released because the University that I plan to attend outside USA will start on Sept.
but I realized that they have my passport

>Can't you get a travel document from your home-countries consulate in order to return
It's hard, and it's a complicated process.
Shall I said i lost it then they will ask some police report,
if I said INS has it, then they would say its my problem.
 
> Shall I said i lost it then they will ask some police report,
> if I said INS has it, then they would say its my problem.

Have you talked to them yet ?

My countries consulates mission in addition to issuing visas, is to assist expats and tourists who have some sort of trouble. They will even send a consular officer if someone is in jail here or provide you the airline ticket if you are stranded.

The other question is: Did the case they jailed you for have merit or has it been dismissed in the meantime. Did you have an actual trial or did you plead guilty ? (2 months sounds like something you wouldn't usually go to jail for in the first place, how did this come about) Maybe you could take some action to get your record cleaned up before you leave, it might help you if you ever decide that you want to come back to the US.
 
xmsmmgr said:
thanks alot! that was a relief..
yes i need to leave US before december because i'm planning to attend a university on january.
what about these qs?

3. Do I have to pay a bail? What if I don't have money?
4. should I buy a airplane ticket before I came to the court?
** 5. My passport, which the INS has, was expired last month -- need to be renew --. Should I tell the judge regarding this matter right now(by sending him letter) or later at the court? I need to renew it before I leave US. Because I heard the INS will give me back my passport in the airport

>After 30 days, if you have not appeared, you will get a "bag and baggage letter" ordering you to report with your bags at a certain place and time for removal>
6.i see, um, how huge and what is the max weight i can take w/ me if i got deported (regular deportation) ?
Click to expand...

Deportation procedures and mandatory detention are changing rapidly. I am not here to say that there is no way you will be taken into custody or required to pay bail. Probably your best bet would be to call CIS/ICE and ask them if they would return your passport so you could self-deport. My guess is they will. Then you buy a plane ticket and arrange to meet them at the airport.
 
Jim,

What happens if someone leaves without them going through the formal deportation procedure ?
Do they hold that against you if you apply for a waiver of inadmissability ?
 
hadron said:
Jim,

What happens if someone leaves without them going through the formal deportation procedure ?
Do they hold that against you if you apply for a waiver of inadmissability ?
Click to expand...

If they are in removal proceedings, the person then fails to appear and is issued an in absentia order of deportation.
 
> is issued an in absentia order of deportation.

Which has not meaning as the person is gone already.

I mean, if you file for a waiver of inadmissability later on, would the fact that you left before they could forcefully deport someone be used against a that person.

Lets say, someone is here on a pending I485, for some reason it gets denied, but the beneficiary decides to go to some greener pastures once he/she finds out that the I485 is denied.
 
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