DACA Beneficiary To Be Deported Without Court Hearing

The sister and daughter of two Argentines recently detained by ICE now
faces deportation herself by speaking out about her family’s detention and
according to DHS can be deported without a hearing.

Unfortunately that is a true statement of the law. Ordinarily an
undocumented alien, present in the US for more than 10 years (she arrived
when she was 7 years old) is entitled to a court hearing. Unfortunately,
due to the fact she did not renew her DACA status due to insufficient
finds, She no longer has deferred action from deportation.

In addition having arrived on the visa waiver program immigration courts do
not have jusirdiction over visa waiver violators.

There has been much discussion about whether “Dreamers” should refile for
DACA prior to the two year expiration date. This story may indicate one
should. However, competent legal counsel should be consulted to weigh the
pros and cons of re filing. What are the risks in case the president
abolish DACA? In most cases the benefits outweigh the risks. However, the
facts and circumstances of each applicant should be considered before
deciding what action to take.


For a free consultation, contact our immigration lawyers in Las Vegas at (702) 836-9003 or in Reno, Carson City and Northern Nevada at (775) 826-2099. You may also contact our lead immigration attorney via email by clicking here.

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