Expedited Removal Proceedings

Facing expedited removal can be terrifying. Expedited removal is a process whereby immigration officers can rapidly deport non-citizens who are undocumented or who officers believe have made misrepresentations or committed fraud. DHS’ expedited removal proceedings have been expanded over the last few years and obtaining legal representation right away may be critical. Matthew Famiglietti is a seasoned Washington D.C. asylum law attorney who may be able to represent you if you are facing expedited removal or related proceedings.

When you try to come into the country through an international airport, border checkpoint, or shipping port, the Department of Homeland Security (DHS) officers will interview you to see whether you have valid documents and if you’re genuinely coming for the reasons specified in the documents. If the DHS believes you’re trying to enter through fraud or with documentation, the officer may refuse your entry and have you removed through expedited removal from the United States. DHS can use this process to deport (1) people who came by sea and were found within 2 years and (2) those who arrived without authorization when they are apprehended within two weeks of arrival and are encountered within 100 miles of an international land border.

If you face an immigration official who believes you’re subject to expedited removal, the burden of proof will be on you to demonstrate you are not. It is crucial to retain a lawyer to represent you. Our attorney may be able to avoid expedited removal if we are able to prove (1) you’re entitled to asylum or (2) show you’re lawfully in the United States. You should not be subject to expedited removal as a United States citizen or lawful permanent resident. Unaccompanied minors are also not subject to expedited removal.

One way to avoid expedited removal is by expressing fear of going back to your home country or asking to apply for relief under the Convention Against Torture at the point of entry. In that case, you’ll be allowed to talk to an asylum officer who will decide whether you have a credible fear of persecution in your home country. You can only be granted asylum if the reason for persecution in your home country is your religion, race, nationality, social group, or political opinion. For instance, if you would be persecuted in your country because you are nonbinary, you may be able to seek asylum. Similarly, if you are persecuted because you are Rohingya, you may be able to petition for asylum. Simply seeking work elsewhere will not give you refugee status.

As a seeker of asylum, you will still face removal orders if the asylum officer finds you don’t have a credible or reasonable fear of returning to your home country. Before deportation, however, you can challenge an adverse finding by asking for a hearing before an immigration judge who will decide whether your fear is credible or reasonable.

You can seek protection in the United States if you are likely to be tortured by a government official or at the government’s request in your country for any reason. A treaty provides that the United States won’t return those likely to be tortured in their home countries.

Once you’re removed from the country through expedited removal, you’ll be barred from coming back to the United States for 5 years or more. However, we may be able to try to figure out whether your case fits within an exception to this rule. It’s essential to be aware that the DHS decision is final. Since the proceedings are quick, there is a higher chance you’ll be erroneously deported from the United States, which could put you at risk of harm in your home country if you are part of a group that is being persecuted in your home country. An experienced attorney can make sure your rights are protected throughout this process.

Mr. Famiglietti may also be able to help you avoid expedited removal if you can claim lawful status in the United States in another way, too, such as by showing the United States citizenship or lawful permanent residence.

Asylum is an essential remedy for those who are seeking refuge from persecution. If you face expedited removal proceedings and need to seek asylum, you should discuss your situation with our experienced Washington D.C. immigration attorney Matthew T. Famiglietti. Mr. Famiglietti represents refugees in D.C., Virginia, and Maryland. Fill out our online form or call the Law Office of Matthew T. Famiglietti at (202) 669-5880.

Please note, there is a consultation fee for any calls related to this practice area.