AILA TX Chapter “Know Your Rights” Project – Dallas

1. AILA TX Chapter “Know Your Rights” Project – Dallas Fax Your Question to: C/O “AILA Know Your Rights Project”

2. Who we are: • Members of American Immigration Lawyer’s Association volunteering to speak with detainees related to their rights • While this project is organized in collaboration with the Immigration Court and ICE, we are unaffiliated with the Immigration Court or ICE • Goal is to provide helpful information to detainees regarding: • Removal proceedings • Immigration Court Process • Types of Relief • We are unable to provide direct pro bono representation * • * We will be able to answer your question via fax and refer to recognized organizations

3. Who this presentation is designed for: • Detainees at Rolling Plains Detention Center in Haskell, Texas • Detainees who are: • Not yet represented by an attorney • Interested in learning self-help methods for asserting their rights before the Immigration Court and ICE

4. What are removal proceedings? • Purpose: Hearing to determine whether the respondent (you) should be deported from the US or has a legal right to remain in the country.

5. Removal Proceedings • Proceedings Initiated by ICE – Immigration and Customs Enforcement • ICE charges a Respondent with being • 1) a non-citizen and • 2) inadmissible or deportable • Explain • Respondent caught entering US without documentation or • Respondent placed in proceedings after being convicted of a crime

6. Immigration Court Process • Executive Office of Immigration Review is the Immigration Court • This court oversees removal proceedings • Part of the U.S. Department of Justice

7. Removal Proceedings • Initiated by ICE via a Notice to Appear • NTA states why respondent is removable/deportable (charges) • You should have been served with NTA

8. Hearings - Generally • Master Calendar • Ist – Review of charges, Rights read , Given time to look for an attorney • 2nd – Admit or deny charges in NTA • 3rd – File application for relief • Individual • Trial where IJ make a decision

9. Types of Relief • Respondents may be able to defend against deportation • Depends on numerous factors, such as: • Immigration Status • Length of Time in US • Type of Crime • Persecution faced if deported back to their home country

10. Core Forms of Relief • Political Asylum, Withholding of Removal, • Cancellation of Removal for Lawful Permanent Residents /212c • Victims of Violence - VAWA • Claims to US Citizenship

11. Asylum • For people who flee their countries because they fear persecution • Persecution: can be harm or threats of harm to you or your family or to people similar to you • Asylum can only be won if at least one of reasons someone harmed you or may harm you is because of your race, nationality, political opinion or the fact that you are part of some particular group.

12. Withholding of Removal • Available to some who may not be eligible for asylum • It is like asylum in that it keeps you from being returned to your home country. • Harder to win than asylum • You have to prove that your life or freedom will be in danger and that this is very likely to happen

13. REFERENCES • See Immigration and Nationality Act Section 208 • See 8 C.F.R. Sections 207, 208, 209, 1240.11(c)1240.33, 1240.49(c) • SeeKurzban’s Chapter 4 • See Tab 3 on Pro Se Materials

14. Cancellation of Removal - LPRs • Legal Permanent Resident for at least the last 5 years, • Lived continuously in the U.S. for a t leaset 7 years after having been admitted, and without having committed certain crimes (this period ends when you commit certain crimes), • Not convicted of an “aggravated felony” • Can only ask for this waiver one time.

15. How Do You apply? • Form Cancellation Application • Affidavit for Fee Waiver of $100 fee • References: • See Kurzban’s, page 802 • See 8 INA Section 240A(a) • See Part 10 of the Pro Se Handbook

16. What is an “aggravated felony?” • Many crimes can be considered aggravated felonies • Examples • Drug trafficking crimes • Thefts, burglaries, crimes of violence where the sentence is one year or more • Rape • Sexual abuse of a minor • Murder

17. Victims of Violence/Trafficking • VAWA Cancellation • Battered or subjected to extreme cruelty by a spouse or parent who is a USC or LPR • Physically present in the US for not less than three years • Person of Good moral Character during three year period • Not inadmissible due to certain crimes and has not been convicted of an aggravated felony • Can prove that removal would result in extreme hardship to the applicant, applicant’s child or applicant’s parent.

18. How do I apply? References? • Application • Cancellation Application E-42B • Original to Court, Copy to DHS • $100 fee or fee waiver • References: • 8 INA Section 240a(b)(2) • 8 C.F.R. Sections 1240.58(c ), 1240.20 • Kurzban, page 823 • VAWA Resource Book

19. Victims of Trafficking in Persons/Violent Criminal Activity • T visa for victim of severe form of trafficking in persons (use of force, fraud or coercion for sex trafficking and/or involuntary servitude, peonage, debt bondage, or slavery) • U Visa for persons who have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.

20. U.S. Citizenship claims • Born in the U.S. (or its possessions) or became naturalized • May be of one of your parents or grandparents was born in the U.S. (or its possessions), OR if one or both parents was a U.S. citizen at the time of your birth • May be if one or both parents became a naturalized U.S. citizen before your 18th birthday.

21. Resources • Haskell Law Library • Immigration and Nationality Law Act • Code of Federal Regulations • Kurzban’s Immigration Law Sourcebook • Pro-Se Handbook Contact Recognized Organization – Catholic Charities, Human Rights Initiative • Complete “ask an AILA lawyer” form, pass to Mrs. Medford and fax to Immigration Court - response to question will be provided