KNOW YOUR RIGHTS – REMOVAL PROCEEDINGS IN THE STATE OF IOWAA guide to knowing what your rights are as a detained immigrant in removal proceedings.

I WAS ARRESTED BY IMMIGRATION….WHAT NOW?

You have a right NOT to sign any statements or documents, especially ones giving up your right to a hearing in front of an immigration judge. If necessary, say you want to speak to a lawyer first.

You have the right to remain silent. Anything you say will be used against you later on.

You have the right to contact your consulate. The list of consulates and their phone numbers should be posted in the jail. If not, get the number from your deportation officer. Contact your consulate immediately. If you leave a message, tell them your name, your “A number,” where you were arrested, and the name of your deportation officer. The consul may be able to assist you in finding a lawyer or provide other services.

Lying to an immigration officer can have serious consequences. You should not lie to an immigration officer. Lying to an immigration officer about your status carries serious punishment under the law.

UNDERSTANDING YOUR NOTICE TO APPEAR

SAMPLE NOTICE TO APPEAR (NTA)

WHAT IS A NOTICE TO APPEAR?

A Notice to Appear (also known as an NTA) is the charging document that signals that removal proceedings against you have been begun.

If you receive an NTA, it means that you must appear in Immigration Court on the date specified or at a date to be determined in the future.

The NTA must be served (given) to you personally or mailed to your last known address or to your attorney, if you have one.

HOW MUCH TIME DO I HAVE BEFORE I GO TO COURT?

At least 10 days must elapse between service of the NTA and the first scheduled court hearing. You may “waive” the ten-day notice requirement, which means that you can go to court earlier if you want to.

You may want to waive the requirement if you were either refused a bond or if you cannot afford to pay an issued bond.

WHAT SHOULD I DO WITH MY NTA?

You should review the NTA carefully to make sure that there are no mistakes and that you understand the allegations against you.

It is important that you understand your NTA so that you can apply for any immigration relief for which you may be eligible, and to meet deadlines imposed by the Immigration Court.

BIOGRAPHICAL INFORMATION ON THE NTA

The NTA first lists your name, any aliases (other names) you may have used, your alien registration number (also known as your “A-Number”), date of birth, and address.

Make sure to review this information to ensure that it is correct, and that there are no misspellings. An incorrect address on your NTA, for example could mean that you do not receive important information from the Immigration Court in the future.

NATURE OF PROCEEDINGS ON THE NTA Directly under your address, the NTA lists three different statements, but

only one box will be checked off. The choices are: (1) You are an arriving alien. This means that you have been stopped

at the border or port of entry and have not yet been admitted to the United States.

(2) You are an alien present in the United States, who has not been admitted or paroled. This box would typically be checked if you entered the United States without being inspected by a border agent or immigration officer.

(3) You have been admitted to the United States, but are removable for the reasons stated below. This statement refers to noncitizens who were admitted to the United States for a period of time but are no longer authorized to remain. Common reasons for this are overstaying your visa or a conviction for a crime that renders you deportable.

NATURE OF PROCEEDINGS ON THE NTA

It is important to ensure that the correct box is marked. An arriving alien (the first category) has extremely limited rights in removal proceedings. People who entered the United States without being admitted or paroled have fewer opportunities for adjustment of status (i.e. applying for a green card) than those who entered lawfully. If the incorrect box is marked, you will need to provide evidence in Immigration Court to show that you have been classified incorrectly.

FACTUAL ALLEGATIONS ON THE NTA

The NTA will list factual allegations against you. Generally, the allegations look something like this: You are not a United States citizen or national of the United States. You are a native and citizen of your home country. You entered the country on a certain date and through a certain

city and whether or not your entry was authorized and if so, for what period of time.

The alleged reason(s) why you are removable. This could include criminal convictions against you, or remaining in the United States beyond the authorized period of time, or not having a valid visa to enter the United States.

FACTUAL ALLEGATIONS ON THE NTA

The factual allegations form the basis for the charge of removability in the following section of the NTA.

During your Master Calendar Hearing, you or your attorney will need to either admit or deny each of these factual allegations.

CHARGES OF REMOVABILITY

The “Charges of Removability” is a list of the legal reasons why the US government believes you can be deported from the United States, including the immigration laws that you are alleged to have violated.

Like the factual allegations, you or your attorney will have to either concede the charges or deny them at your Master Calendar Hearing.

IF YOU DENY THE CHARGES OF REMOVABILITY….

The Immigration Judge may schedule a Contested Merits Hearing. During this hearing, you will have to present the legal reasons why you believe that you are not removable from the United States as charged.

The government attorney will argue that the charges listed on the NTA are correct.

If the judge decides in your favor, removal proceedings may be terminated.

If the judge decides against you, he or she will sustain the charges of removability and you will then have to prepare a defense from removal and apply for any relief for which you may be eligible.

IF YOU ADMIT THE CHARGES OF REMOVABILITY….

You must inform the Court what your defense from removal will be, if any.

DATE AND PLACE OF REMOVAL PROCEEDINGS

At the bottom of the NTA it may list the date, time, and location of your initial Master Calendar Hearing. If it does not, you will receive a Notice of Hearing separately (this is why it’s so important that it has the correct address!).

Do not forget this date, because if you fail to appear for a hearing, you may be removed without your presence at court and you will give up your rights to apply for relief from removal.

LEGAL WARNINGS

The NTA must also list important legal warnings, including: Your right to be represented by counsel during removal

proceedings, but at no expense to the government. The consequences of failing to appear for a scheduled haring, such

as receiving an Order of Removal in absentia Your duty to notify the Court of any change of address during

removal proceedings, and Your duty to surrender to removal if ordered or to voluntarily depart

if allowed to do so

CERTIFICATE OF SERVICE

The Certificate of Service will detail how and when the US government sent you the NTA.

If there is a question about whether you were properly served with the NTA (meaning if it wasn’t given to you personally or mailed to your last known address), you should prepare evidence to show that you did not receive it in the manner described.

WHERE WILL I GO FROM HERE?

While detained, you may be transferred to out-of-state facilities.

You could be transferred in the middle of the night, so keep a copy of all your legal documents with you at all times. If your papers are stored with the detention center/jail, ask the staff for your legal papers immediately after you hear that you are being moved.

If you think you may be transferred to a detention center far from your home, and you have an immigration lawyer here, your lawyer may file immigration form G-28 with the Department of Homeland Security. Fax the form to the Deportation Officer Immediately. This form may convince the officer to stop your transfer.

DO I GET A TELEPHONE CALL?

You have the right to make a telephone call after you are detained. Memorize the phone number of your attorney, family member, friend, or union spokesperson, and contact him/her immediately.

Your phone calls may be blocked. If you have trouble reaching your family or attorney, ask jail staff if they have blocked the number. Also, have your family contact their local telephone company to make sure that they can receive phone calls from the detention center or jail.

WHAT HAPPENS TO MY BELONGINGS? When you are detained, immigration will register and mark all your

personal belongings. Ask for a receipt of your personal property. Your property should be returned when you are released from custody or deported.

Make sure your legal documents are not processed as “personal property.” Because you want quick access to your legal documents, always ask to keep your legal documents with you. If you are unable to keep the documents, you have the right to access them at any time. Ask the facility staff about accessing your legal material if they take it away from you. Also, make sure that your family has a copy of all immigration papers and legal documents (i.e. birth certificates, marriage certificates, passports).

You have the right to request access to your belongings. These requests should be written.

HOW DOES MY FAMILY FIND OUT WHERE I AM DETAINED?

If your family does not know where you are detained, they should contact the local office of Immigration and Customs Enforcement’s Detention and Removal Branch in the area. They should have your full name and “A number” ready. Contact ICE headquarters at 202-305-2734 if they do not know the number for the deportation office. This information is also available online.

The ICE website also hosts a “detainee” locator. The web address is: https://locator.ice.gov/odls/homePage.do

Tell your family to check the jail’s visitation rules. Some jails require that you provide a list of visitors’ names ahead of time. TELL UNDOCUMENTED FAMILY MEMBERS NOT TO VISIT YOU.

HOW DO I GET OUT OF DETENTION? ASK FOR BOND.

What is bond? A bond is an amount of money paid to the government as a guarantee that you will attend all hearings and obey the judge’s final order. You have to pay the full amount. Bond must be paid by a cashier’s check or a bank money order, payable to the Department of Homeland Security. The person paying the bond MUST have some kind of immigration status and identification. He/she can pay the bond at any ICE office.

Sometimes individuals are released without having to pay bond. This is called “release on your own recognizance.” You must comply with the terms of release, otherwise you risk being detained again in the future. This is usually granted to individuals with special conditions, like pregnancy.

You should always request a bond hearing. You may not be eligible for bond if you: (1)Have a previous deportation order, (2) Have certain criminal convictions, (3) Were arrested at the border/airport, or (4) The government suspects you have terrorist ties.

You should get a copy of your criminal history and have an immigration attorney with experience in deportation review it to see if you are eligible for bond. You can get information from the County Clerk’s office in the county in which you were convicted or from your former criminal defense attorney.

You can ask the immigration judge to lower your bond at the bond hearing. The judge has the power to decrease the bond to $1,500.

During the bond hearing, you should submit any documents that show you have a permanent address, stable employment, relatives with legal status in the United States, and any evidence of strong ties to the community. You should also ask family and friends to attend the hearing and to testify to these issues or send letters of support.

WHERE DO I FIND AN ATTORNEY?

You do not have a right to a free attorney in immigration proceedings. However, you have the right to obtain a lawyer at no cost to the government. You also have the right to represent yourself.

Once detained, you will not have much time to find an attorney before your case is completed, so it is very important to contact an attorney as soon as possible.

Your deportation officer should give you a list of free legal providers in the area. If not, ask for a copy right away. If these organizations are not able to help you, ask them for referrals for immigration attorneys who specialize in deportation.

Make sure to hire an attorney who specializes in deportation. Don’t be tricked by people who are only after your money! Make sure your attorney has a copy of your Notice to Appear before they make any promises about what they can do for you. Request a written contract from your attorney before paying him/her. This contract is called a “retainer agreement.” Always keep the complete name and contact information of your attorney with you at all times.

If you are not happy with your attorney, keep a record of your communications with your attorney in the event you need to make a complaint.

GET A COPY OF YOUR IMMIGRATION FILE

Always ask for a copy of your file. You can send a formal “Freedom of Information Act” request to the Deportation Office. You can also ask the immigration judge to give you a copy of your file, or at least, unfavorable evidence against you.

IMMIGRATION HEARINGS

WILL I HAVE A HEARING?

If you do not get a hearing, find out why! You may not have a hearing if you have certain criminal convictions, were arrested at the border/airport, or received a prior deportation order. In some cases, you may be able to challenge the reasons why you don’t have a hearing. If you believe the court is taking too long to reschedule your case, ask for a bond hearing.

WHERE WILL MY HEARING BE HELD?

It will be held at a local immigration court or a court inside the facility or conducted through the television. In that situation, you must file a “Motion” (request) for an in-person hearing. Regardless of whether you have an in-person hearing, your attorney can appear at the Immigration Court on your behalf.

WHEN IS MY HEARING?

To find out when your next hearing is scheduled, call 1-800-898-7180. This is the automated hotline for the immigration courts. Have your “A number” available.

HOW MANY HEARINGS WILL I HAVE?

You will have at least one hearing. A “Master Calendar” Hearing is a short hearing before the immigration judge. During this hearing, you may ask the judge to postpone or “continue” the hearing to another date to allow you to find an attorney.

If you don’t want to fight your case, you can ask the judge for voluntary removal or deportation.

If you want to fight your case or ask for more time to find an attorney, you will normally be rescheduled for another “Master” hearing.

If you are forced to proceed without an attorney, deny the charges (this may force the government to prove the charges).

If you are applying for a way to stay in the United States legally, you will have a separate “Individual” Hearing to present your case to the immigration judge. You should bring any relevant documents and witnesses to testify at the hearing. You may not receive an individual hearing if the judge thinks that you are not eligible for any relief.

DO I HAVE THE RIGHT TO AN INTERPRETER?

You have the right to an interpreter at your main hearing if you do not speak English. Make sure that you or your attorney asks the judge for an interpreter at the Master Calendar Hearing.

HOW DO I OBTAIN LEGAL INFORMATION?

Your law library should have information on immigration law and procedure. Your detention facility should provide a list of legal service providers. Additional services include:

Families for Freedom has excellent information for detainees. 2 Washington Street, 766 North, New York, NY 10004 (Phone: 646-

290-5551) The Florence Immigrant and Refugee Rights package has

excellent legal materials: Florence Project Main Office, 2601 N. Hwy. 79, PO Box 654, Florence,

AZ 85232 (Phone: 520-868-0191) The National Immigrant Justice Center provides legal services:

National Immigrant Justice Center, 208 S. La Salle St. #1818, Chicago, IL 60604

POLICY AND TREATMENT STANDARDS

As a detention facility contracted with ICE, the Hardin County Jail complies with federal standards concerning residential life and treatment of detainees. You can find these standards in your ICE National Detainee Handbook, which you should have received upon being admitted to the facility.

REQUEST RELIEF FROM REMOVAL

It is the Immigration Judge’s responsibility to inform you of what types of relief from removal you may be eligible for. If you have an attorney, they will be able to give you a better explanation of what might be available to you.

If you do not have an attorney, make sure to ask the Immigration Judge, while on the record (in the courtroom), what type of relief you might qualify for.

SOME TYPES OF RELIEF FROM REMOVAL YOU MAY QUALIFY FOR INCLUDE….

ADJUSTMENT OF STATUS

This is a way of changing from nonimmigrant to immigrant status in order to get legal status in the United States.

Usually (among other requirements) you have to have entered the United States legally to qualify for adjustment, but there are some exceptions.

ADJUSTMENT OF STATUS THROUGH “REGISTRY” UNDER I.N.A. SECTION 249

This is a method of obtaining a green card if you entered the United States before January 1, 1972, and meet other requirements, which include residence in the United States since that date, “admissibility,” and “good moral character.”

ASYLUM

This is a form of protection for people who have fled persecution or fear future persecution in their home country, which allows legal status in the United States, a work permit, and eventually a green card.

WITHHOLDING OF REMOVAL

Like asylum in many ways, however, withholding is more difficult to obtain because you have to show that it is “more likely than not” that you would be persecuted in your home country upon return.

It provides fewer benefits than asylum, because recipients are usually ineligible to apply for permanent residence or travel outside of the United States.

A person who gets withholding can stay in the United States and can get work authorization.

PROTECTION UNDER THE CONVENTION AGAINST TORTURE (CAT)

Protection under CAT is available only if it is “more likely than not” that your home country’s government – or some person or group the government cannot control – will torture you if you have to return there.

It does not matter WHY you would be tortured; the fact that it is likely that you would be tortured is enough.

Persons who receive CAT protection cannot ever get permanent residence or travel internationally.

CAT recipients usually receive permission to remain and work in the United States.

CANCELLATION OF REMOVAL FOR NON-LPRS (LAWFUL PERMANENT RESIDENTS)

This is a method of getting a green card if you can prove that you have been physically present in the United States for at least ten years, and can also show that if you were removed it would cause “exceptional and extremely unusual” hardship to your “qualifying relative” (a spouse, parent, or child who is a United States citizen or permanent resident).

CANCELLATION UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)

Similar to cancellation of removal for nonpermanent residents, the applicant for VAWA cancellation must show that he or she has been “battered or subjected to extreme cruelty” by a “qualifying relative” and meets other requirements, including three years of physical presence in the United States and good moral character.

VOLUNTARY DEPARTURE

Voluntary departure offers a way to leave the United States without having a past order of removal on your immigration record, which can make returning to the United States extremely difficult, if not impossible.

However, by requesting voluntary departure, you are also waiving your right to have your case examined in immigration proceedings.

DEFERRED ACTION

This is an agreement by the United States government to put your case on hold. You do not receive legal status but you are not deported.

It is applied on a case-by-case basis, except that procedures have been formalized for certain young immigrants.

U-VISAS

The U-Visa allows non-citizen crime victims and qualifying family members to live and work in the United States for up to four years. The visa is temporary, but its holders may become eligible to adjust status to Lawful Permanent Residence after three years.

T-VISAS

The T-Visa is available to victims of human trafficking. It allows victims to remain in the United States to assist in an investigation of prosecution of human trafficking.

WHAT CAN I DO NOW?

If you don’t have an attorney, refer to the detention facility’s list of recommended legal aids and seek counsel accordingly. If you cannot afford any of the agencies listed on the facility’s list, try contacting Justice for Our Neighbors either by mail at:

Justice for Our Neighbors2414 E StreetOmaha, NE 68107 Or by telephone at (855) 307-6730 While Justice for Our Neighbors cannot accept all cases, it

provides free legal consultation and services on immigration cases.

FIND OUT IF YOU HAVE A CONVICTION

Ask for a copy of your criminal record from the state where you have a conviction. In Iowa, send the request form along with a check or money order for $15. Each last name submitted requires a separate request form with payment for each. You should also send a Billing Form. You must be able to provide a government issued photo ID (driver’s license, passport, etc.). Send the forms to: Criminal History Checks, 215 East 7th Street, Des Moines, Iowa, 50319.

To ask specific questions about obtaining an Iowa criminal history record check or to request forms, call (515)725-6066.

GET DECLARATIONS/AFFIDAVITS

A declaration or affidavit is a sworn statement from someone that you can give the Immigration Judge as evidence in your case. An affidavit must be signed and sworn before a notary, but a declaration does not need to be notarized. This means a declaration is easier for a person to prepare than an affidavit.

FIND WITNESSES

WHO SHOULD BE A WITNESS?

Your witnesses should be in the United States legally. Ideal witnesses include family members, employers, and

counselors. They might be asked about their criminal records; it is best if they do not have a criminal record or only have minor infractions.

WHAT SHOULD MY WITNESSES TALK ABOUT? Your witnesses should talk about the positive (good) things in your

life, including: Your family ties to the United States, particularly spouses, children, or

parents with legal status. Include long-term boyfriends or girlfriends or other lawful family members.

Length of time you have lived in the United States. Ability to speak English. Lack of knowledge of language and customs in your home country (useful if

you have spent most of your life in the United States) Hardship on you and your family if you are removed Military service for the United States Payment of income tax in the United States Property or business ties in the United Stats Service to your community or volunteer work in the United States Rehabilitation programs (if you have a history of substance abuse) Good character

THE COURTROOM

In the immigration courtroom you will see the immigration judge’s bench in the middle of the room, two tables facing the bench, and a row of benches behind the tables. The table on the judge’s left is generally where the government attorney (AKA the “trial attorney” or “DHS attorney” or “ICE attorney”) sits. The table to the judge’s right is reserved for the Respondent (you) and his or her attorney. There is sometimes a third table for an interpreter.

HOW DO I ACT IN THE COURTROOM?

The judge may ask if you are comfortable speaking and understanding English. If you are not, the judge may hear your case on another day when an interpreter is available, or he may use an interpreter by phone. You have a right to a good interpreter.

When you speak to a judge, always address him or her by “Your Honor” or “Judge.” Wait until he has finished talking and then answer any questions he asks you. Never interrupt the judge or raise your voice at anyone in the courtroom. Speak loudly and clearly and if you do not understand something, politely ask the judge to explain it to you.

HOW TO ADDRESS MAIL

First Line: Name of Person/Office/Organization Second Line: Street Address (Building number, street name,

apartment/suite number if applicable) Third Line: City, State 5 digit zip code

Example:

National Immigrant Justice Center208 S. La Salle St. #1818Chicago, IL 60604

EXAMPLE OF HOW TO FILL OUT A GOVERNMENT FORM

IF YOU HAVE A CRIMINAL CONVICTION

Only certain criminal convictions lead to your deportation. Some of the main ones are:

(1) Aggravated Felonies. (2) Drug Conviction. (3) Crime of Moral Turpitude. (4) Firearms Conviction. (5) Crime of Domestic Violence (6) Other Criminal Activity Further, if your criminal conviction is on appeal and it is not final, therefore

you cannot be deported. If you filed a habeas corpus petition, or a motion to vacate your criminal conviction, the conviction is final and the government can deport you while you wait for a decision.

You may be deported before you have finished serving time in prison. Some people may be able to finish serving time in a prison in their home country. You can request a transfer by filling out a Transfer Request Application Form with your case worker in prison. An official from your home country consulate may also be able to advise and assist you in the process. A federal magistrate will hold a hearing on your request and ask you if you agree to the transfer and agree to give up all rights to appeal or attack your conviction.

If you are transferred to your country before you have an Immigration Court hearing, you will lose the chance to go before an Immigration Judge and ask the judge to excuse your criminal conviction and remain in the United States. This means that if you have a conviction for certain crimes, including an aggravated felony, you will lose the right to live permanently in the United States. You will never be able to return to the United States, except for short visits, even if you are married to a United States citizen and have children in the United States.

ILLUSTRATION OF DEPORTATION PROCESS

CITED WORKS

http://www.nolo.com/legal-encyclopedia/what-does-my-notice-appear-nta-mean.html

http://www.nolo.com/legal-encyclopedia/possible-defenses-deportation-undocumented-alien.html