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DAP Forums > DREAM Act > The News Room

DACA mom of 3 US citizens [UPDATED]

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#1
02-04-2016, 11:27 PM
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This is an update to a 2 day old thread about article:

http://thinkprogress.org/immigration...e-deportation/


Good news guys! Today the article had an update on the bottom, stating that:

Quote:
On a press call on Thursday, Not1More noted that the Border Patrol would rescind its deportation order and allow Cortez-Martinez to return to the United States. However, she would be placed in deportation proceedings in Immigration and Customs Enforcement (ICE) custody. The press release indicated that ICE "has pledged to seek nullification of her DACA status."

"Now I ask directly to Ricardo Wong, the ICE field director in Chicago, to cancel my deportation proceedings and allow me to move on from this incident and heal with my family," Cortez-Martinez said.
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#2
02-04-2016, 11:56 PM
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wow, thank god!
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#3
02-05-2016, 02:19 AM
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So she's allowed back but her DACA would be cancelled and she'll be put in removal proceedings? That doesn't sound good.
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#4
02-05-2016, 02:54 AM
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Quote:
ICE "has pledged to seek nullification of her DACA status."
The good news is that ICE can't do much about it. Once back in the states, she will have DACA again but with a deportation order. This is going to be her wake up call to find a good lawyer to get that cleared up.
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I personally knew that if he wins he's not going to be touching DACA.
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#5
02-05-2016, 10:54 AM
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Late 40's Dreamer (Holy Fucking shit I'm almost 50 and still dealing with this), aged out of original DACA and didn't have a chance to apply for extended DACA after Republicans killed it on the vine.
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#6
02-05-2016, 12:53 PM
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This is my post regarding this situation in the other thread.

Quote:
Originally Posted by Demise View Post
So they let her in.

Her situation now is interesting to analyze from the legal standpoint.

By leaving US, she triggered a 10 year ban associated with deportations under INA 212(a)(9)(A)(ii)(II). She was paroled back into US, and will end up in removal proceedings again since ICE wants to press charges. IJ will likely administratively close those.
The case may then end up before the BIA, which will then likely decide whether or not to expand Arrabally, namely - does travel on AP with an outstanding removal order count as self-removal? You have to remember, a court can only rule within the scope of the case, Arrabally simply did not cover that, they were trying to adjust via 245(i) and didn't end up in removal proceedings until much later.

So, now she's in interesting situation:
1) She's inadmissible under 212(a)(9)(A)(ii)(II) for 10 years (waivable immediately, there is actually no "extreme hardship" requirement here, the waiver is strictly discretionary).
2) She's been lawfully paroled into US.
3) She's an arriving alien.

Now, the arriving alien is an interesting area. Basically anyone who enters US legally without being admitted (i.e. anyone paroled in) is an arriving alien. You fall under different set of rules when it comes to removal proceedings, you can adjust status regardless of removal proceedings or a final order.

So what should she do?
If she has a US citizen immediate relative she can adjust through she should immediately file an AOS packet, together with an I-212 waiver for the 212(a)(9)(A)(ii)(II) ban. Kill ICE's little scheme by adjusting status.

If not, then well, she better retain a good lawyer because she's up for a ride...
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#7
02-05-2016, 02:35 PM
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Here i am scared to even try to ask for advance parole , because i had daca for the past 4 years but i had a small misdemeanor when i was 14, i know they gave me DACA, but i always wondered what would happen at the POE when i return,
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#8
02-05-2016, 03:27 PM
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Quote:
Originally Posted by hbone373 View Post
Here i am scared to even try to ask for advance parole , because i had daca for the past 4 years but i had a small misdemeanor when i was 14, i know they gave me DACA, but i always wondered what would happen at the POE when i return,
Small misdemeanor doesn't trigger any inadmissibilities, you'll be fine.
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#9
02-05-2016, 09:48 PM
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I can't imagine her not getting deported. She had final order plus she left, so she doesn't have 10 year US stay anymore nor will she have DACA. Unless her deportation order was ordered in absentia maybe, but she is screwed. she should have done more researched. I have final order and it says right on the daca and advanced parole pages that AP will not work if you have final order against you.

She should say she is doing work of Allah and she is member of ISIS, she'll get expedited to citizenship. Seems to work for those guys.
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#10
02-06-2016, 12:06 AM
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God is Good
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