Get out of Jail Free: Cancellation of Removal
As the term cancellation of removal indicates, it is a get out of jail card for an eligible alien in removal proceedings who otherwise would have received an order of removal.
As the term cancellation of removal indicates, it is a get out of jail card for an eligible alien in removal proceedings who otherwise would have received an order of removal.
8 C.F.R. 1003.20 (a) provides that [v]enue shall lie at the Immigration Court where jurisdiction vests pursuant to [8 C.F.R.] 1003.14.
in which either ICE or an IJ grants an alien’s request to be allowed to depart the United States voluntarily, at his/her own expense, in lieu of having an order of removal.
A self deport does not avoid the effects of any order issued by an immigration judge (e.g., a 10-year ban on being admitted to the United States). If the alien provides proof of their self deport (e.g., a notarized statement from an officer at a United States embassy or consulate), however, the surety will be able to obtain cancellation of the delivery bond.
Assuming that the alien’s case is not resolved at a Master Calendar Hearing (e.g., because the alien admits the veracity of the charges in the Notice To Appear), the immigration court will schedule an Individual Hearing.
Many people make the mistake of confusing the immigration bonding process with that of traditional bail bonding. While these two processes are similar, they are also very different. In order to clear up any confusion or misunderstanding of the immigration bond process, I have outlined the process in detail in this blog. That being said, you can always still call the Center for Immigration Assistance directly if you have any specific questions, (844) 910-2342.
Understanding the roles of each of these players and how they interact and relate to each other will only help you better understand and navigate the world of immigration bonds. A description of each of these key players in the immigration bonding process is as follows:
When Immigration and Customs Enforcement (ICE) arrests an alien because it believes that he/she is in the United States illegally, it has 48 hours to decide whether there is prima facie evidence to justify this allegation, via Immigration Form EOIR-33. 8 C.F.R. 287.3(b).
As you can imagine, most families and individuals have no idea what to do should they or a loved ever get detained. That is why the Center for Immigration Assistance focuses its website on providing information to families who are navigating the complex work of immigration. It is why I have written this blog post on where to get started if you need to get someone out of ICE custody.