Migrant deported despite obtaining withholding of removal

People in Indiana who are seeking asylum may be interested to learn that an immigrant from Venezuela who was granted protection from deportation while in the process of seeking asylum was sent to Mexico anyway. The man had been a police officer in Venezuela, and he and his family had been targeted for violence after he refused to arrest people because of the political party they were in.

The man waited in Mexico for almost three months before he was allowed to appear before a judge, who granted him protection from deportation. However, afterwards, the man was returned to Mexico. Although the acting commissioner of U.S. Customs and Border Protection said in December that any migrants who won their case should be allowed to remain in the country, the agency later said they could return a migrant to Mexico if there was an appeal pending.

However, in this man’s case, there was not an appeal. The paperwork listed a court date, but this was not on the docket. According to the man’s lawyer, this date was put on the paper because it was the only way the man could be returned to Mexico. With help from his attorney and the organization Human Rights First, the man was finally permitted back into the United States. He awaits full asylum protection with his family.

Current events in immigration law demonstrate that laws around immigration are changing rapidly and sometimes subject to various interpretations by courts or other officials. Individuals who are seeking asylum or fighting deportation or who want to stay in the country for another reason may want to consult an attorney. An attorney may be able to advise an individual about any changes in the law and help with paperwork, court appearances and any necessary appeals.

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