ICE Court document FIOA

Pattal

Registered Users (C)
After my case been denied I got arrested by ICE and detained for three weeks also they gave me NTA then I got released, I have my Master Hearing in front of immigration judge in about nine month..
I want to know what documents ICE gave to the court concerning my arrest and denial, will I’ll be able to get a copy of what ICE filed with the court? I do not need my whole file through FIOA from Lee’s Summit just what paper the judge will have?

Thanks to all.
 
Last edited by a moderator:
The NTA lists the sections of immigration law under which you are charged with removability. If any of those are based on criminal convictions, the final court dispositions are available to you from the criminal court. If they are basing your removal on administrative immigration violations then you know all there is to know. Are you just an overstay of a nonimmigrant visa?
 
They denied my 1-485 application so I no longer have the right to stay in the U.S also the USCIS accusing me of fraud which is not true.
I want to apply through cancelation of removal due to hardship to U.S Child.
 
So, what sections of law were cited for the denial and for placing you in Removal Proceedings? Did the denial tell you to depart in X days but you didn't? Just how long was in between being denied for adjustment and being picked up by ICE? Years?
 
Section 212 (a) (7) (A) (i) (I) of INA my denial did not tell to depart the U.S ….ICE picked me up after 6 month after my denial letter.
 
So, you were labelled as an intending immigrant who entered without an immigrant visa. You filed for adjustment, they told you to leave but you didn't then you got picked up by ICE and placed in removal proceedings. INA 212(a)(7)(A)(i)(I) was the reason for the I-485 denial. A discretionary waiver is available for that but you didn't get it. Did they explain why not?
How did you orginally enter, for how long were you allowed to stay, what happened, and on what basis did you file for adjustment?

What else is listed on the NTA? You must be leaving something out, if you don't provide full information, you will will not get good advice.

It appears that you have now accumulated "unlawful presence" after being told to depart and have invoked at least a 3 year bar to re-entry. Once unlawful presence reaches 1 years, the bar grows to 10 years. A waiver (I-212) is available for that but you apply according to the instructions specific to your situation found at:

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD (depending on circumstances, you file with: DOS, CBP, EOIR, or USCIS)


INA 212=8 USC 1182

Sec. 1182. Inadmissible aliens

(a) Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are
inadmissible under the following paragraphs are ineligible to receive
visas and ineligible to be admitted to the United States:
************************************************
(7) Documentation requirements

(A) Immigrants

(i) In general

Except as otherwise specifically provided in this
chapter, any immigrant at the time of application for
admission--
(I) who is not in possession of a valid unexpired
immigrant visa, reentry permit, border crossing
identification card, or other valid entry document
required by this chapter, and a valid unexpired
passport, or other suitable travel document, or document
of identity and nationality if such document is required
under the regulations issued by the Attorney General
under section 1181(a) of this title, or
(II) whose visa has been issued without compliance
with the provisions of section 1153 of this title, is inadmissible.
(ii) Waiver authorized

For provision authorizing waiver of clause (i), see
subsection (k) of this section.

*************************************************
(k) Attorney General's discretion to admit otherwise inadmissible aliens
who possess immigrant visas

Any alien, inadmissible from the United States under paragraph
(5)(A) or (7)(A)(i) of subsection (a) of this section, who is in
possession of an immigrant visa may, if otherwise admissible, be
admitted in the discretion of the Attorney General if the Attorney
General is satisfied that inadmissibility was not known to, and could
not have been ascertained by the exercise of reasonable diligence by,
the immigrant before the time of departure of the vessel or aircraft
from the last port outside the United States and outside foreign
contiguous territory or, in the case of an immigrant coming from foreign
contiguous territory, before the time of the immigrant's application for
admission.
*************************************************************************
 
ICE detention jail....Phone Call

When a person is inside the ICE detention jail and he makes a phone call the system record his conversation my question is who listen to those conversation and it is legal to use any recording conversation against the inmate and for how long do they keep the recording after the inmate get released?
 
If there is an incriminating information which the govt views as critical to their case against you, it could be used against you. For example, during the call, you intimate to another party your intentions not to appear before the immigration judge for your immigration case. This is an immigration court, not a criminal court which requires in most cases warrant to record your phone conversation, so the immigration judge can use that information make a ruling.
 
Top