Does anyone have any experience on deportation of a foreign citizen when he/she has completed sentence ? I know that most people willing to stay in the US will apply for a waiver of deportation, but my son was simply a tourist, he is not willing to stay, and does not have any right to stay,and the only thing we want is his IMMEDIATE deportation, the same day that he is released, approx. March/April 2004.

I know that the INS may have initiated the deportation procedure, or completely ignored the case. If the INS continues ignoring it, deportation will NOT take place at his release, and it may suffer many delays with my son imprisoned under INS custody until the bureaucracy finally puts him in an airplane.

I am investigating, but if anyone knows this subject well, I'll highly appreciate some guidance. His defense attorney is not giving any certainty. We have more than one year to prepare things, I don't want to lose one day.

Un abrazo,
Andrés

I only know about deportation proceedures concerning Cubans, but from what I experienced with Juan and his brother who just finished time in a Federal Prison, INS will not do anything until the sentence is finished.

Felix, Juan's brother finished his sentence in April, INS had put a hold on him so he couldn't get out. Because he is a Mariel Cuban (part of the group that came over in 1980) he has to go before a Cuban panel to determine is he can be released on supervised custody because he cannot be deported back to Cuba. He had deportation orders against him a long time ago so I don't know if he would have been sent off when his sentence was finished.

Juan was the same way. INS didn't do anything with him until he was done with the American courts here. Then they took him into custody. He was released from the jail here into INS custody in August 2001, had his deportation hearing in October 2001. INS had 90 days to determine if he could be deported or not. At the end of the 90 days and INS was unable to deport him back to his country, then they had 90 days to set up a Review Board hearing to determine if he could be released for supervised parole. Well, INS moves in their own time and he just got out Sept 25 2002.

Do you know if your son has had a deportation hearing? Does he have an INS A#? Has INS been in contact with him at all? If you could give me some information, I might be able to help in finding out some answers. I did a lot of research and phone calls this past year.

Joy

My son never told me to have had a deportation audience, and this is what worries me. We have 15 months before his release, and this is enough for us to prepare a request for the Institutional Removal Program, but what would happen if some unexpected regulation arises, and his time is shortened ??

It´s a terrible disappointment to have finished one´s time and find that one is a prisoner of the bureaucracy. I´ll write to Mariano and ask for details of any contact he could have had.

Thanks a lot, un abrazo,
Andrés
Institutional Removal Program : see this site:
http://www.ins.usdoj.gov/graphics/publicaffairs/factsheets/removal.htm

From what I have learned, once a deportation order is final and they sentence completed it takes approximately 90 days for the person to actually be deported. The question now is whether or not he has a formal deportation order. Please let me know and if he doesn't I will try to do some research to find out if he can default. In other words, since he won't argue the deportation order maybe he can choose not to have a formal hearing.

Thanks Joy and Bella, I am waiting for my son's reply.Of course, it would be preferable to avoid a deportation hearing if this is possible. One thing that is sure, is that the Federal BOP did include a "deportation detainer" in his record, because otherwise he would have been housed in a minimum security camp, as the Judge dictated, and not in Low Security Prison where he is. (Curious things, the Judge determines a level of security, and the BOP and INS decide by themselves)

Un abrazo,
Andrés