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When You Sign to Be Removed from the United States with ICE then Change Your Mind
Posted by: ScottMond Law Firm
November 17, 2011
Topic: Deportation & Detainment
We often have detained clients who contact our office after signing to be removed from the United States. These clients have often been detained unexpectedly and are tired. Suddenly an ICE Officer appears advising client that their case may be "hopeless". The ICE officer then provides the option for the client to sign to be removed.
Detained individuals will typically be presented with two different documents when in immigration detention. An 826 Notice is presented and a 10 page document where a detained individual can agree to waive an attorney and select options including being removed from the United States. Often, the client signs to be removed, and later regrets this option and reaches out to immigration legal counsel to help them.
The purpose of this short blog article is to provide instructions on what to do when a detained individual in ICE custody seeks to withdraw and retract what he or she signed which has now caused them to be in the process of being physically removed and deported without any legal representation.
Fortunately, if you know anyone in this situation, it is NOT too late to retract and withdraw having signed to be removed from the United States. In order to withdraw what is now a signed Stipulated Order to be deported, however, one must engage an Immigration attorney to take very swift action.
An Immigration attorney may file a "Motion to Withdraw Stipulated Order" in U.S. Immigration Court. In order for the motion to be successfully granted, facts are important. Speaking with Immigration counsel and establishing the facts is essential for the attorney to prepare a well written Motion to Withdraw. Once the Judge agrees to withdraw the Stipulated Order, a detained or non detained foreign national may move forward in fighting against being removed or deported from the United States.
If you have any questions or concerns, our attorneys are available to meet with you, and you may contact us at info@scottcclaw.com. Or Visit our website at http://www.scottcclaw.com/ where our different office telephone numbers are listed for your convenience.
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