04 Sep Expedited Removal now under Implementation
By Atty. Crispin Caday Lozano
For the benefits of aliens who are not in legal status, the information presented below will help them prepare just in case there will be ICE officer they may encounter at home or at work. On August 28, 2019, the ICE released the guidance in the implementation of expanded expedited removal which will take effect on September 1, 20019.
Aliens should be prepared for this Expansion of Expedited Removal
Given the September 1, 2019, implementation date, the following are the guidance:
Individuals Must Be Given Opportunity to Provide Evidence:
The memo clearly states that individuals “shall” be given a “brief but reasonable opportunity” to obtain evidence of their physical presence or communicate with someone to obtain such evidence if they are not able to provide that evidence at the time of their encounter with ICE.
- Affirmative Burden:
The memo states that the noncitizen “bears the affirmative burden to show to the satisfaction of the encountering immigration officer that he or she has been physically present in the United States continuously for the two-year period immediately preceding the date of the determination of inadmissibility by providing evidence establishing the place, date, and manner of entry into the United States and continuity of presence since that time.” Note that the guidance instructs officers that the noncitizen has the burden to establish continuous presence by providing evidence on the circumstances of entry and the continuity of presence since that time. The statute at INA § 235(b)(1)(A), however, dictates that a person is not subject to expedited removal if they were admitted to the United States or can establish physical presence for at least two years.
- Physical Presence Records:
The memo provides a non-exhaustive list of evidence that can be used to show the necessary physical presence requirement, including but not limited to: bankbooks, leases, deeds, licenses, bills, receipts, letters, birth records, church records, school records, employment records, evidence of prior law enforcement encounters or tax payments, and/or the person’s oral statements.
- Discretionary Factors:
The memo specifies factors that discretionary officers could use when deciding whether to put someone into §240 removal proceedings instead of expedited removal proceedings. Those factors include: whether the case presents mental competency issues, whether the person is the sole caregiver of a USC child, whether the person would be eligible for relief in §240 removal proceedings, the duration of the person’s physical presence in the U.S., the extent of the person’s ties to the country, and whether ICE will seek to charge additional inadmissibility grounds (for example, due to the person’s criminal history).
Note: This is not a legal advice and presented for information purposes only.
- For the month of August, 2019, we received approval from Immigration Court for a waiver of misrepresentation for a client who has committed marriage fraud. We also received approval from USCIS of two naturalization applications and two fiancé visa petition.
- For the month of July 2019, we received approvals of two N-400 application for Naturalization, one I-751 Petition to remove condition of residence with interview and two I-90 renewal of green card.
- For June 2019, we received approvals of four adjustment of status, six naturalization applications and two certificate of citizenship applications, and one Removal of condition on resident.
- On May 6, 2019, we received approvals of three adjustment of status applications and two Naturalization applications.
- On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.
- On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
- On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
- From March 4 to 26, 2019, we received six adjustment of status approvals.
- For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
- On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
- On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net