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LAURA TOVARPARALEGAL&KARLA RODRIGUEZPARALEGAL

WHO ARE WE? PART OF THE AMERICAN BAR ASSOCIATION, IMMIGRATION JUSTICE PROJECT WE ARE A NON-PROFIT ORGANIZATION WE ARE NOT PART OF THE GOVERNMENT THREE COMPONENTS LEGAL ORIENTATION PROGRAM (LOP) MENTAL HEALTH PROGRAM (NQRP) PRO-BONO PROGRAM

WHAT ARE WE TALKING ABOUT TODAY? WHY DO INDIVIDUALS GET DETAINED BY ICE? WHAT HAPPENS WHEN A PERSON IS DETAINED BY ICE OR HAS AN ICE HOLD? WHAT IMMEDIATE STEPS TO TAKE IF A STUDENT IS DETAINED BY ICE AVENUES FOR DEFENSE AGAINST DEPORTATION

WHY DO INDIVIDUALS GET DETAINED BY ICE? ENTERED THE COUNTRY AS AN ARRIVING ALIEN OR CAUGHT INSIDE THE US WITHOUTPERMISSION EX. PRESENTED THEMSELVES AT THE BORDER VISA OR PERMIT HAS EXPIRED EX. B-1 COMMITTED CRIMES EX. DUIS, DRIVING WITHOUT A LICENSE, DOMESTIC VIOLENCE CHARGES

WHATHAPPENSWHEN APERSON ISDETAINED BYICE OR HASAN ICE HOLD?

WHAT HAPPENS WHEN A PERSON IS DETAINED BYICE OR HAS AN ICE HOLD? CONTINUED PLACED IN A DETENTION CENTER EX. IN SAN DIEGO- OTAY MESA DETENTION CENTER LOP VISITS DETAINEES AND PROVIDES LEGAL ORIENTATION TO INDIVIDUALS THAT 1. DO NOT HAVE AN ATTORNEY 2. ARE REPRESENTING THEMSELVES

RIGHTS IN IMMIGRATION COURT RIGHT TO AN ATTORNEY GOV’T DOESN’T PROVIDE ONE USE INTERPRETER IN BEST LANGUAGE PRESENT EVIDENCE CONFRONT EVIDENCE ASK QUESTIONS TO THE WITNESS APPEAL

IN CASE ICE GETS IN CONTACT WITH A STUDENT IF ICE KNOCKS AT THEIR DWELLING, DO NOT OPEN THE DOOR EVEN IF THEY SHOW A PHOTO IDENTIFICATION ICE CANNOT ENTER THE DWELLING WITHOUT AN ORDER SIGNED BY THE JUDGE IF THEY HAVE AN ORDER, ASK TO SLIDE THE PIECE OF PAPER UNDER THE DOOR STAY QUIET WHATEVER YOU SAY MIGHT BE USED AGAINST YOU BY ICE DO NOT SIGN ANYTHING WITHOUT TALKING WITH AN IMMIGRATION ATTORNEY FIRST TAKE PHOTOS, ASK FOR NAMES, REPORT WHAT HAPPENED TO: 1-844-878-7801

ASK THE STUDENT TO BE PREPARED FOR ANYTHINGAND EVERYTHING! MEMORIZE THE PHONE NUMBER OF AT LEAST TWO PEOPLE THAT YOU TRUST AND CANANSWER THE PHONE IMMEDIATELY EVEN A COUNSELOR’S PHONE NUMBER HAVE A PLAN FOR THE CARE OF THEIR CHILDREN HAVE A PHONE NUMBER OF A TRUSTED IMMIGRATION ATTORNEY NOT A NOTARY

WHAT IF I CANNOT LOCATE THE DETAINED STUDENT? ONLINE DETAINEE LOCATOR SYSTEM WWW.LOCATOR.ICE.GOV A-NUMBER COUNTRY OF BIRTH LIST OF NON-PROFIT ORGANIZATIONS ALDIRECTORY/ CONTACT US619-255-88172727 CAMINO DEL RIO SOUTH, SUITE 223SAN DIEGO, CA 92108

FORMS OF IMMIGRATION RELIEF CITIZENSHIP ADJUSTMENT OF STATUS CANCELLATION OF REMOVAL FOR LPRS CANCELLATION OF REMOVAL FOR NON-LPRS VAWA U OR T VISAS ASYLUM, WITHHOLDING OF REMOVAL OR CAT VOLUNTARY DEPARTURE*** MANY OTHER RELIEFS BUT THESE ARE THE MOST COMMON CASES WE SEE AT THEDETENTION CENTER

CITIZENSHIP REQUIREMENTS: A PERSON NEEDS TO BE LEGAL PERMANENT RESIDENT (LPR) AT LEAST 3 YEARS, IF MARRIED WITH US CITIZEN, OR 5 YEARS WITH LPR STATUS FOR THEREST GOOD MORAL CHARACTER PASS AN ENGLISH TEST PASS A HISTORY OF THE USA TEST

ADJUSTMENT OF STATUS US CITIZENS (OVER 21 YRS OF AGE)CAN PETITION FOR: LEGAL PERMANENT RESIDENTS CANPETITION FOR PARENTS SPOUSE SPOUSE CHILDREN SIBLINGS*THE WAIT TIME VARIES DEPENDINGON WHO PETITIONED AND WHATCOUNTRY OF ORIGIN CHILDREN

CANCELLATION OF REMOVAL FORRESIDENTS(EOIR 42-A) LEGAL PERMANENT RESIDENTS FOR AT LEAST 5 YEARS LEGALLY AND CONTINUALLY LIVING IN THE UNITED STATES FOR LAST 7 YEARS HAVE NOT BEEN CONVICTED OF A SERIOUS CRIME

CANCELLATION OF REMOVAL FOR NON-LPR(EOIR 42-B) LIVED CONTINUOUSLY IN THE UNITED STATES FOR AT LEAST 10 YEARS PARENT, SPOUSE OR CHILD (CITIZEN OR RESIDENT) WHO WOULD SUFFEREXTREME DIFFICULTIES OUTSIDE OF THE ORDINARY DUE TO YOUR REMOVAL HAVE NOT BEEN CONVICTED OF CERTAIN CRIMES

CANCELLATION FOR VICTIMS OFDOMESTIC VIOLENCE(VAWA) IF YOU AND/OR YOUR CHILDREN HAVESUFFERED PHYSICAL OR PSYCHOLOGICALABUSE BY YOUR SPOUSE, OR THEIR PARENTWHO IS A CITIZEN OR RESIDENT OF THEUNITED STATES THE PARTICIPATION OF THE ABUSIVE PERSONIS NOT NECESSARY; IT DOES NOT MATTER IFYOU ARE DIVORCED OR WIDOWED REQUIREMENTS: THREE YEARS IN THE UNITED STATES NO AGGRAVATED FELONIES DEMONSTRATE THAT YOU WOULDSUFFER IF DEPORTED.

U AND T VISASU VISA VICTIM OF A CRIME IN THE UNITED STATES POLICE REPORT? CERTIFICATION (SUPPLEMENT B)T VISA VICTIM OF HUMAN TRAFFICKING IN OR TO THE UNITED STATES YOU NEED TO DEMONSTRATE THAT YOU COOPERATED, ARECOOPERATING, OR ARE INTERESTED IN COOPERATING WITH THEOFFICIALS IN THE RESOLUTION OF YOUR CASE.

ASYLUM, WITHHOLDING OF REMOVAL,CONVENTION AGAINST TORTURE (CAT) DO YOU FEAR RETURNING TO YOUR HOME COUNTRY BECAUSE OF PERSECUTION? FOR ASYLUM AND WITHHOLDING OF REMOVAL, THE PERSECUTION HAS TO BE ONACCOUNT OF: RACE RELIGION NATIONALITY POLITICAL OPINION AFFILIATION WITH A PARTICULAR SOCIAL GROUP (IE. HOMOSEXUALS)

ASYLUM OTHER REQUIREMENTS: LESS THAN 1 YEAR IN THE UNITED STATES SINCE MOST RECENT ARRIVAL NO AGGRAVATED FELONIES BENEFITS: PERMANENT RESIDENCY WORK PERMIT

WITHHOLDING OF REMOVAL THIS DEFENSE IS SIMILAR TO ASYLUM,OR HAS AT LEAST SIMILARREQUIREMENTS. IF YOU WIN, THEY DON’T GIVEYOU RESIDENCY, BUT YOU CANSTAY IN THIS COUNTRY. YOU CAN APPLY FOR A WORKPERMIT**YOU MUST HAVE STRONG PROOFTO BE ABLE TO WIN(MORE THAN 50%)

CONVENTION AGAINST TORTURE(CAT) THEY CAN GIVE YOU THIS DEFENSE EVEN IF YOU HAVE CONVICTIONS FOR AGGRAVATEDFELONIES DEMONSTRATE THAT: VERY LIKELY THAT YOU WILL BE TORTURED IF YOU RETURN TO YOUR HOME COUNTRY (MORE THAN 50%) TORTURE COMES FROM AGENTS OF THE GOVERNMENT OR THAT THE GOVERNMENTCANNOT PREVENT OTHERS FROM TORTURING YOU**IF THIS RELIEF IS GRANTED, DOES NOT DIRECTLY LEAD TO PERMANENT RESIDENCY, BUT CAN STAY INSIDE THE UNITED STATESAS LONG AS COUNTRY CONDITIONS DO NOT CHANGE FOR THE BETTER AS PER THE GOVERNMENT

VOLUNTARY DEPARTURE VALID PASSPORT PAY FOR THE RETURN TICKET TO YOUR HOME COUNTRY INELIGIBLE IF : DISCOVERY THAT YOU ARE GUILTY OF A MAJOR CRIMEPREVIOUSLY GRANTED VOLUNTARY DEPARTURESUFFERED THROUGH PREVIOUS DEPORTATIONSCERTAIN CRIMES**IF YOU ARE APPROVED FOR VOLUNTARY DEPARTURE, YOU SHOULD LEAVE THE UNITED STATES

THANK YOU FOR YOUR ATTENTION!

cancellation of removal for non-lpr (eoir 42-b) lived continuously in the united states for at least 10 years parent, spouse or child (citizen or resident) who would suffer extreme difficulties outside of the ordinary due to your removal have not been convicted of certain crimes

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