INTERPOL Red Notices and removal (deportation) proceedings after a Red Notice is found

Estlund Law, P.A.
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Estlund Law, P.A.

In the last post, I discussed  the case of a man who had been placed into removal proceedings by the United States Department of Homeland Security (DHS).

That case provided an example of how contact with law enforcement officials for the most basic reason can and does sometimes allow a Red Notice subject to be detected. Something as simple as a traffic stop can result in a detention of a Red Notice subject, and eventually, his deportation.

However, if the subject in our example case had 1) already filed the necessary petition with DHS and 2) had a valid basis to request the removal of the Red Notice and 3) had already begun that process with INTERPOL, his case might have gone differently.

When a Red Notice subject is asked about a Red Notice by an immigration court, the subject is always in a better position if he has already begun working to remove the notice. Providing the immigration judge with a thorough, evidence-based explanation of a case allows the judge to determine whether a bond should be granted for a Red Notice subject, and also allows the judge to determine whether the Red Notice should- or should not- stand in the way of an petition for immigration relief. It is much more likely that a judge will grant a request if the judge is fully informed about the underlying case.

As always, thoughts and comments are welcomed.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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