Quote:
Originally Posted by Demise
First order of business in your case would be to see if you have an in absentia order of removal. You were likely released on supervision and given some kind of paperwork, that paperwork should list your A-number, which may be different from the one given to you via DACA. Then you should call the EOIR hotline, punch in that A-number and see what it gives you, if nothing, you're set, otherwise you'll hear "on [date] judge ordered removal", which means that you have an outstanding removal order.
From what lawyers told me, generally they do not order children to be removed, but I wasn't so lucky...
Alternatively you can do a FOIA request with the court that had jurisdiction in your case, and see what they'll give you.
Now, if you do have a removal order, then well, you have a problem. In absentia orders can only be re-opened if:
1) The notice of the hearing was never delivered to you.
2) There was some exceptional circumstances as to why you couldn't attend (though this can only be done within the first 180 days).
3) ICE agrees to a join motion to reopen.
We can assume that 1 and 2 do not apply in your case, so that only leaves 3. Re-opening proceedings without a available legalization pathway is hard, the lawyer that you'll hire to do it won't be too optimistic, and it's unlikely ICE would consent to the reopening.
Matter of Arrabally never aswered the question if other re-entry bans trigger if you travel on AP, and the assumption is that they do. Leaving after an in absentia order causes an unwaivable 5 year re-entry ban. If CBP denies you entry because of it - you are screwed.
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Hello Demise,
Thank you very much for the very insightful response.
I talked to a lawyer, and as you said, they do not usually order children to be removed.
Unfortunately, I do not have the paper we received when we first arrived.
Now, were you ordered to be removed even though you arrived here as a child? Also, If I do have a outstanding removal order, How would they know that it is me? I never left any fingerprints but a couple of documents in Portuguese.
Thank you once again.