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How To Fight Expedited Removal Orders
March 21, 2024
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How To Fight Expedited Removal Orders
Expedited removal is a process by which low-level immigration officers can summarily remove certain noncitizens without a hearing. If an individual is subject to expedited removal, they are ordered removed, and unlike other removal orders, an expedited removal order cannot normally be appealed and carries a five-year bar to reentry in most circumstances1.
However, there are certain protections for people who indicate a fear of persecution or torture, or an intent to apply for asylum. If an individual says that they want to apply for asylum, or are afraid of returning to their home country, they must be referred to a credible fear interview (CFI) 1.
If you or someone you know has been issued an expedited removal order, there are ways to challenge and overturn it. Even expedited removal orders can be challenged, but it takes working with the agency well, documenting your case, and arguing that alternative relief was more applicable (such as voluntary return or withdrawal of the application)
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It is important to note that individuals may only bring a lawsuit challenging their expedited removal order if they are a lawful or someone already determined to be a refugee or granted asylum, who has been wrongfully subject to expedited removal1.
If you have been issued an expedited removal order, it is recommended to seek qualified, experienced counsel to assist you. You cannot “reopen” an expedited removal order, but there is a (very limited) avenue for habeas review of the order in federal court, under the right circumstances4.
It is also important to note that if you are subject to expedited removal, you are barred from returning to the U.S. for 5 years or longer, although in some cases exceptions may be possible 8.
If you are out of status, you may be placed in regular removal proceedings and receive a Notice to Appear in Immigration Court. If you are undocumented and subject to expedited removal, your options are limited. If you are undocumented and subject to expedited removal (in the United States less than two years, no credible fear of persecution, entered without inspection), you may wish to obtain a lawyer 14.
In conclusion, expedited removal orders can be challenging to fight, but it is possible to challenge and overturn them with the right legal assistance. It is important to seek qualified, experienced counsel to assist you in this process.