The Deportation Process Explained
Question: I am now in deportation proceedings. I have no idea what to do in this deportation process and am very afraid how to proceed. Can you explain the deportation process and what will happen.
Answer: The deportation process is certainly one that is intimidating. The ICE officials are usually not pleasant and will many times try to have you sign documents that you should not sign. The deportation process is meant to try to get you to voluntary deport so that there is one less person in the system. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Therefore, do not sign anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the first hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it is not likely. Even if Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.
At the first hearing in the deportation process, you should then request a Bond Redetermination Hearing. This is the hearing where evidence will be presented to see if you are statutorily eligible for bond, and if so, what amount should be set for that bond. If the bond is set, then the case will be continued and you will be given an opportunity to have a family member or friend post the bond and you will be released. Keep in mind that if you appear at all your immigration hearings, that you will get your bond money back at the end of the process. However, if you skip a hearing or do not follow the necessary instructions, you will have just given Immigration the bond money without return.
The deportation process will then continue in a non-detained facility if you bonded out and will continue with what is known as a Master Calendar hearing. While this particular hearing does not last long in front of the Immigration Judge, it is very important. It is where you will plea to the allegations in the Notice to Appear. This is the document you are served with at the beginning of the deportation process. It is the charging document as to why immigration believes you are deportable. After the Master Calendar, if you disputed any of the allegations, the deportation process will be set over for what is known as a Contested Hearing. This is where evidence will be presented to dispute the allegation and the Immigration Judge will either agree or disagree with you. If the charge is sustained, the Immigration Judge will determine if there is a proper ground for removability. If so, the next phase of the deportation process is for you to present evidence on what grounds of relief you might qualify for in Immigration Court. This could be Cancellation of Removal, Adjustment of Status, Asylum, Convention Against Torture, Registry and others.
Once you have let the Immigration Judge know what relief you might qualify for, your case will be set over to file the necessary applications. Afterwards, the deportation process will allow the next hearing which is known as a Merits Hearing. This is where you will actually have trial on the matter and bring witnesses and all of your testimony as well as whatever other evidence you have. At the end of the deportation process (at least at the Immigration Court level), the Immigration Judge will make a decision and let you know if the relief has been granted or denied.
Of course, this is a summary of the deportation process and there are lots of other items involved. However, this does give you an idea of the deportation process and what to expect. One thing is for sure. Be sure to get an Immigration Attorney who knows the deportation process!
Filed under: Deportation, deportation attorney, deportation process, Immigration Attorney | Tagged: deportation attorney, deportation lawyer, deportation process, Immigration Attorney, Immigration Lawyer |
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 
What are the chances of criminal relief for an aggravated felon after deportation passed 12 years being outside of US to join his family in California
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What if you had already sign the deportation documents they asked I am having a little problem with that right now
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I need considerably more information in order to let you know what can or cannot be done. In order to receive a detailed consultation, you can call 562-495-0554 or you can book the appointment at the following website:
http://www.blerner.checkappointments.com
There are several different types of other consultations you can receive. Once you book the appointment, you will soon be receiving a detailed and expert analysis of your situation and what I can do to help you. Should you decide to retain my firm, the cost of the consultation will be deducted from the attorney fees.
I am looking forward to helping you in the future and giving you the detailed consultation.
Regards,
Brian D. Lerner
Attorney at Law
Certified Specialist in Immigration and Nationality Law
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Hola:
Para recibir una consulta detallada, usted tendrá que reservar la cita en la siguiente página web:
http://www.blerner.checkappointments.com
Hay diferentes tipos de consultas que puede recibir. Una vez que reservar la cita pronto va a recibir un análisis detallado y experto de su situación y lo que puede hacer para ayudarle. Si decide conservar mi empresa, el costo de la consulta se deducirá de los honorarios del abogado.
Espero poder ayudarle en el futuro y que le da la consulta detallada.
Saludos,
Brian D. Lerner
Licenciado en Derecho
Especialista Certificado en Derecho de Inmigración y Nacionalidad
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buenas tardes me estoy dirigiendo a usted con el fin de consultarle sobre un caso en particular, mi marido que es argentino tiene un hijo norteamericano de mas de 30 años a raiz de inconvenientes familiares la mama que tambien es norteamericana se ha contactado con mi marido para solicitarle que su papa vuelva a estados unidos a raiz de un problema emocional de su hijo sabemos que es muy complejo pero tal vez con su ayuda podamos allanar el vinculo de la mejor manera posible para todos considerando tambien que tiene 3 hijos en argentina que esperarian por el, agradezco desde ya su atención
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hi I am a US citizen with 2 kids husband has deportation order from 9 circuit, he lost his case coz IJ thinks he lied on his asylum application ,
he has no crime at all, he is from India
I want to know if this kind of case has some hope for some kind of relief so he doesn’t have to go away from his family
please advise
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Hello:
Please contact me for a consultation at 323-454-7591 or self-schedule an appointment at blerner.checkappointments.com
Regards,
Brian D. Lerner
Attorney at Law
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Hello:
Please contact me for a consultation at 323-454-7591 or self-schedule an appointment at blerner.checkappointments.com
Regards,
Brian D. Lerner
Attorney at Law
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hi my husband was picked up by border patrol about 20 years ago h, he had a order of deportation and for him to show up to court his mom never took him because she her self was illegal so sh was afraid she was going to get deported as well an attorney advise her to take notarized letters from teachers friends saying he was a good kid and he was no trouble she would take the to immigration court the receptionist would stamp them and she would drop them off she did this for months until they told her to stop that the judge would take a decision and that they would notifier her for 20 years she never heard anything until jun 9 that my husband was stopped by border patrol took him in and saw he had the deportation i , i am a us citizen he is included in his mom immigration packet what are the chances of my husband fixing this or there is nothing we can do ?
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Is this the case of deportation in all countries or just the US. My partner has a deportation order against him in the UK, where I am a legal citizen. Will the same events appeal to us in the UK ?
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Please e-mail me at blerner@californiaimmigration.us. I need to ask several questions.
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My wife had married a citizen and obtained a permanent residence. During the last year prior to obtaining a permanent residence, her ex came out as gay. We started dating and had a child, the child was not born prior to her residence, when she obtained her residence, she continued with me and eventually we got a divorce and got married. She later on applied fora citizenship based on her five year timeframe, however, during the interview, it came out that the divorce from her ex was not valid and that we are not married. Her citizenship was denied. She asked the officer how she could fix that, and he said that she would need to first get divorced and apply again in 5 years. Will they start deportation proceedings because of that?
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My Dad is from Mexico and being deported after serving 13year in a fededal prison in Yazoo Mississippi for drug related charges, he’s being transfer to an Immigration processing center in Oakadel Louisiana, I’m trying to find out to which port of entry to Mexico he’s going to be deported to and if I could mail some money and clothe to that immigration center in Louisiana. Thanks
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How can I help you?
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What was his conviction? Did he plea guilty? What country is he from?
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Hi, my boyfriend has 6 months left to serve from a 2 year prison sentence. He will be facing deportation after but I plan on fighting on the grounds that he has 2 children whocare us citizens. Do you think he has a chance and long will the whole process be.
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My boyfriend / babys dad is currently incarcerated but his case.was dismissed today in court .. Hes currently on 48 hr hold ..he has never had a record . He was already interviewed by ice his second.day in custody.. Will he forsure be picked up by ins ???
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What might be better is to try to fight his case, rather than just give up. I would be happy to help you with your immigration situation. However, I need you to schedule a specific date and time for a free 10 minute consultation. You need to goto the web at
blerner.checkappointments.com.
Afterwards, select the type of consultation you want and give the necessary information. Thank you for your understanding and cooperation in this matter
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This happened in late November 2009 so about 3 years.
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Can ICE inform detainee of when, where & what time the detainee will be deported? We his family would like to know & be there to care for him. This shouldn’t be too much to ask for. If he is detained in El Paso where is the typical drop off spot?
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How long have you been outside the U.S.?
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What is the crime?
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My fiance is facing getting deported because of a crime he commited in 09 and is being detained in houston he is four months shy of being able to qualify for a pardon is there anything else we can do he has a job here in south carolina and two kids and we were planning to get married in july please help me
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Goodmorning Mr.lerner:
Had a couple of questions for you hopefully you can help me out, These are some of the details of my case. Back in 2009 at the age of 20 i got deported for a deportation order that my mom received back in 1998 when i was around 8, since i was a minor i was on her paperwork meaning i received the deportation order as well. I entered the country illegaly at the age of 6 without my knowledge i was just a child. (The reason why my mother received the deportation order was because she failed to appear in immigration court due to the fact that the person she was married to at the time walked out on her, out of fear she never went.) I’m a highschool graduate with no previous criminal record except maybe driving without a license which is a(misdemeanor). While i was detained the immigration officers took advantage of my innocence and deceived me into signing my own voluntary deportation i had no idea what i was signing! They explained to me my best option was to sign the papers that the judge would see im doing my best trying to cooperate with the case. Three weeks later i was deported before leaving the detainee facility i had to sign another paper saying i had a 10 year type of punishment allowing me to lawfully to go back into the country after 10 years. I’d like to know how true this is if i had no previous criminal record? I’d also like to know what are my best possible chances going back to the states? What are some procedures i need to follow? Do i have a good case since i just a child and had no control over what was happening at the time? Do i have to file any type of petition?
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Someone in my family got arrested for speeding and driving, in which case it’s a crime her. Is that enough to deport that person back to Mexico??
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Hello:
You may not have a deportation order. I would be happy to help you with your immigration situation. However, I need you to schedule a specific date and time for a free 10 minute consultation. You need to goto the web at
blerner.checkappointments.com.
Afterwards, select the type of consultation you want and give the necessary information. Thank you for your understanding and cooperation in this matter
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We never recieve any letter from deportation yet he’s been here since 1988 start working 1989 pay taxes every year no criminal record we have two kids 21 and 16 both born here he is helping to take care his mother and he is taking care my mother how long before I get any letter from deportation he is stop working in 2010 because of the I 9
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Hello:
Rather than self deporting, there might be another way to fight his case. I would be happy to help you with your immigration situation. However, I need you to schedule a specific date and time for a free 10 minute consultation. You need to goto the web at
blerner.checkappointments.com.
Afterwards, select the type of consultation you want and give the necessary information. Thank you for your understanding and cooperation in this matter
Regards,
Brian D. Lerner
Attorney at Law
Certified Specialist in Immigration and Nationality Law
http://www.californiaimmigration.us
blerner@californiaimmigration.us
Skype: briandlerner
Offices in Los Angeles, Long Beach, Upland and the Philippines
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If he has a deport order, you must do a Motion to Reopen.
Motion to reopen
A motion to reopen must be prepared. This is a movement we need to unite and prepare all other measures and requests. Unless the motion to reopen is granted, the case can not proceed. Once the motion to reopen is filed, there are two possible outcomes. First, the motion could be granted. If this is the case, then we can enter into an agreement to represent the underlying issue. Otherwise, the motion be denied. If he refuses, then it must be challenged. In addition to the motion to reopen, a motion for stay is usually required so that there is no immediate enforcement of the deportation order.
Attorney fees (fees and expenses not included)
The total attorney’s fees will be $ 4,500.00.
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I petion my husband I 130 is approve I 485 is denied because they can’t find his assume name I102 copy INS said they put him in deportation what next step should I do
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A relative has been living and working here(illegally) for over 20 yrs and recently lose his job and planning to self-deport. He paid taxes and no criminal records. How will he leave and what docs are required to show at the departure area?Is there a hope for him to stay put here with your service?
Thank you
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Why were you deported?
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Hello,i was diportet from USA 9 years ago whith not any notice i whent in a interviu for a resident card and in thet day my case vas dinaid,i was working in USA for 5 years doing all the taxes,and i was sponsored for US resident card,I will like to know do i have any chance to get visa for USA. Thanks in advance.
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Please contact my office at 562-495-0554 for a consultation.
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Hello:
You might have a way of fighting the deportation, rather than just getting voluntary departure.
Removal/Deportation Representation
It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States.
Attorney Fees (Filing Fees and Costs not included)
The total Attorney Fees will be $6,500.00.
Down Payment Normally we take 50% down and then the balance can be paid monthly until paid in full. We accept all forms of payment included debit and credit cards, Western Union and Money Gram.
If you pay by Western Union, simply put the name Brian D. Lerner and the address 3233 E. Broadway, Long Beach, California 90803. Then you would notify me of the 10 digit control number, date of deposit and how much you deposited.
You can call my office at 562-495-0554 and make the down payment through check or credit card which we will put through our secure servers and you will get electronic verification.
You can also go on the secure website at the following website address:
http://www.californiaimmigration.us/immigration-consultation
Please let me know if you are interested in proceeding and we can start on your case immediately. Should you have further questions, you can e-mail me back or call my office at 562-495-0554.
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Hello I am in process of deportation. On my next hearing I need to provide travel documentation that I will leave the country in 60process days.what kind of documents are this if I plan on just driving there?
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my husband was deported in 98 due to what the government called “black slavery ” , he was a bought at the border of mx and when the farm in fl got raided he was just deported .. he returned in 99 and had been here since then until 2011 he got arrested on drug charge , i pd the bond and he stayed in ice detention for 30 days and got deported , he nvr was officially charged with the drugs just arrested , i had 3 lawyers but they nvr did anything . he has an approved fiance visa from 2004 and we were in the last stages of the immigration process when all of this occurred , what could be done now ? he was given 20 yr bar and was deported july 5th 2011 ????
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I guess I have the odd questions. I want to be deported. How do I go about to do that? Should I just go to the police and say that I am illegal? Do I have to pay anything to get deported? Please advice. Thanks
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Question: A relative of ours is here from Latin America illegally. He has 6 kids. He has three deportation letters and then ICE arrested and detained him. He also has a criminal record and 13 civil lawsuits, 3 bankrupcies and several tax liens against him. We WANT him deported as he is like a shark. He was picked up by ICE – what are his chances of being deported?
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My fiance is a mexican……that is going through the deporting process and he goes to another court hearing 2012 in april…. His last court date is in 2013. He has two kids here already and we have another one on the way… He already has a immigration attorney… Will he get deported???
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Hi,
My brother was already deported last year and now my other brother is on a deportation order. He was detained a few years back but was released. And it seems that every few years they pick him up. He is taking medication and he see his psychiatrist every couple of months and speak and see his therapist frequently. How do I go about cancelling his deportation status and having him remain in the US?
Thanks!
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hi;
my mother in law was recently deported and she has been living in the united states for quite some time now and has been an outstanding citizen. She also has two kids whom are legal citizens what would be the process for her to try and come back to the country?
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[…] deportation process will then continue in a non-detained facility if you bonded out and will continue with what is […]
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Why exactly was he deported? Was there a crime?
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Hello,
My fiance lives in Mexico. He was born there but grew up in the US, went to school here, has two daughters from a previous relationship and one daughter with me. His family tried many years ago to become legal citizens, but a judge denied them and their case was dismissed. They were deported in 2005 I believe. I am wondering how to find out how long is left on this deportation, and how we can go about making him a legal alien. His brother was told by a lawyer it was only a five year deportation, not ten. I have his alien # but can’t seem to find this information online. Should we hire an attorney to help us?
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Please skype me at briandlerner for more information.
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When deported, do you just simply get dropped at the border with no money or means of survival? This seems a bit harsh to me.
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Once you are sent back, are you just left at the border with no money or way to get to your home state. This sounds inhumane to me.
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hi my friend has a problem with the irs. he filled taxes as a independent while his parent claim him dependent without telling him . he is not an us citizens. his immigration papers ares takig away …what is the penalty.
help!!! plz
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Hello:
If you are merely looking for the U.S. to pay for your flight back, you could go to ICE and turn yourself in. However, you might find yourself in detention.
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just want to go home…want will happen if i go to the police…can u help me please…its very scary and dont safe out on the streets..
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hi i am from england i came to america in june and i been living on the treeets since than ..i just want to go home.i tryed the ebmassy they can dont help me .i tryed my family and friends and they want ether…i havent got a visa now..so can i just go to the police and ask them to help send me home..get deported or something..just want to go home ..
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Dear Alexis:
I have received your comments and immigration problems via one of my articles. It is critical that the detainee get immediate representation in Immigration Court before either being wrongfully deported or giving away his rights.
Regards,
Brian D. Lerner
Attorney at Law
Certified Specialist in Immigration and Nationality Law
http://www.californiaimmigration.us
Toll-Free (866) 495-0554
Direct (562) 495-0554
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Hello,
I have a friend who has been detiened by immigration officers while traveling in the train on a holiday. My friend then was explained that he has a deportation order in absentia. He was never informed about that order nor did he receive any notification about this case. Now he is in dettention awaiting for a judge to sign his papers to be deported. My friend inquired and his case manager (or assigned officer) gave him the info about his case, which concluded that at the time of the notification my friend was not present in the state where the order was issued due to medical treatment. How can we obtain copies of the notification letter and which will be the proceeding steps to follow in this case?
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Hello:
There are different ways to help, but I need some specifics. Please e-mail me at consultation@californiaimmigration.us.
Regards,
Brian D. Lerner
Attorney at Law
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Hello:
It is always possible to notify the proper part of Immigration if you believe they have completed a deportable offense.
Regards,
Brian D. Lerner
Attorney at Law
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Why are people whom are permanent residents allowed to stay in the United States even if they hve been convicted aof two felonies..
This suspect is a aggravated felon.. She is from Educador and is a long criminal history..
Suspect: Rossi Elena Cortazar Williams
1644 Piccadilly Drive
Daytona Beach FL 32117
Criminal has and is currently defrauding Section 8 housing.. Suspect also has 6 children all on welfare with different baby daddies and cheating the IRS by under reporting income and inputting false information on tax returns using the child credit..
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My Wife is on a deportation order, i m a US citizen. How can i help her?
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Hello:
I would have to see exactly what document your referring to. Fraud never goes away.
Regards,
Brian D. Lerner
Attorney at Law
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What happens if false docs were used at border. Been in US for 15 years with no criminal record, have 2 children that are US Citizens. What can be done. Why does it indicate detained by US MARHSALLS?
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[…] deportation process will then continue in a non-detained facility if you bonded out and will continue with what is […]
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Hello:
Is this her first time in the U.S.?
Did you petition her before?
Why exactly was she arrested?
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My mom got arrested at the aiport she is illegal I’m an us citizen how can I help her can I get her out of jail??
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[…] deportation process will then continue in a non-detained facility in the event you bonded out and will continue with […]
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[…] deportation process will then continue in a non-detained facility in case you bonded out and will continue with what is […]
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