What happens once a person receives an administratively final removal order?
An Immigration Judge only has jurisdiction to review custody and/or bond determinations until the issuance of an administratively final removal order. Once there is a final removal order, the INS has sole jurisdiction over custody and/or bond determinations.44 A person may appeal the INS’s post-removal order custody and/or bond determinations directly to the BIA within 10 days of the INS’s decision, unless the INS “notifies the alien that it is ready to execute an order of removal and takes the alien into custody for that purpose.”45 Other resources on detention and bond procedures: For other helpful material on immigration-related detention, see: • People with criminal issues: Manuel D. Vargas, New York State Defenders Association (NYSDA)’s Immigrant Defense Project, “Removal Defense Checklist in Criminal Charge Cases,” pp. 2-4. The checklist can be found on the NYSDA website at http://www.nysda.org/NYSDA_Resources/Immigrant_Defense_Project/RemovalDefenseChecklist_02_10b.pdf. • “Arriv
Related Questions
- What happens if the person whose removal is sought in the recall petition does resign within five days after the recall petition is presented to the City Council?
- What happens once a person receives an administratively final removal order?
- What happens if the person whose removal is sought does not resign?
