What is meant by reopening a deportation or removal order?
When ICE believes you are unlawfully present in the United States, it starts a process now known as removal proceedings (and previously known as deportation proceedings.) You will be served with a Notice To Appear (NTA) which is filed with the immigration court to start the process. The NTA outlines the charges against you which ICE believes makes you removable. Eventually, the immigration judge will determine whether you should be removed or allowed to stay. If the judge determines you should be removed or you do not go to court when you are told to, a removal order will be issued against you. A motion to reopen a deportation or removal order seeks to stop your removal and bring the case back before the judge.
If I do not already have a deportation or removal order, should I surrender myself to ICE to put me into deportation as a way of getting work cards for myself and my family?
NO! ICE is unlikely to cooperate with you. They are trying to reduce the number of people in deportation proceedings to concentrate on deporting criminal immigrants. Ten million people coming forward to put themselves into proceedings is not likely to accomplish their goal. Furthermore, if they do accept your case and put you into deportation proceedings it probably means they have classified you as a high priority case and will do everything they can to deport you as quickly as they can.
What is the definition of "entrapment"?
"Entrapment" is a defense that's raised in cases where overzealous law enforcement agents induce or persuade a person to commit a crime. The theory is we shouldn't punish someone who was induced by the government to commit a crime.
A valid entrapment defense has two related components:
- Governmental inducement of the crime and lack of predisposition on the part of the defendant to commit the crime. This means that, absent the government's efforts, the defendant wouldn't have committed the crime.
- The defendant has the initial burden of proving the government induced him to commit the crime. Then the burden shifts to the prosecution to prove beyond a reasonable doubt that the defendant was predisposed to commit the crime.
Entrapment occurs when the criminal design starts with law enforcement officers, who plant the idea to commit the crime in the mind of an innocent person, and then convince him to do the crime so they can prosecute him.
"Predisposition" focuses on whether the defendant was an unwary innocent who, but for the inducement of the officers, wouldn't have committed the crime.
The fact that law enforcement agents provide the opportunity or place for the crime doesn't add up to entrapment. It's only entrapment when the idea for committing the crime is planted in the defendant's mind by law enforcement. For example, there's generally no entrapment where a defendant, while in an area known for illegal drug activities, is arrested after trying to buy illegal drugs from an undercover officer.
On the other hand, there's probably entrapment if the same officer approaches the same defendant in a suburban shopping mall, and the officer asks the defendant if he want to buy or sell drugs.
What to do, if you get in to auto accident or other personal injury event?
If you've been injured in an automobile accident, you can file a personal injury lawsuit against the person who caused the accident to obtain an award of damages. In a personal injury suit, you and your lawyer will try to prove that the driver of the other vehicle caused the accident due to failing to pay attention or take reasonable care. To win, you must prove certain facts that entitle you to damages. You must also file your lawsuit within the statute of limitations - two or three years after the injury in most states.
A personal injury is a physical, mental or emotional injury and lawsuits usually result when the injury is the result of negligence on the behalf of another individual, business or other entity. Personal injury claims should be made as soon as possible since most states have a statute of limitations that limits the amount of time you have to file a claim.
There are a wide range of accidents that are eligible for a personal injury claim. The three most common type of accidents are auto accidents, slip and fall and defective products (also known as product liability).
Filing a personal injury lawsuit can be complicated, so it is best to consult with a personal injury lawyer or personal injury law firm before pursuing a claim. A personal injury attorney will evaluate your injury claim for free and walk you through every step of the claim process. Further, most personal injury lawyers are not paid unless money is awarded in your case.