The petition process
Now that you — the illegal alien — have been "detained" for illegal entry into the United States of America not at a Port of Entry or for some other form of illegal entry, you have the chance to decide how you want to go home. There are two paths, Administrative and Judicial. If you petition for an Administrative ( or Voluntary) Return to your country of origin then you are not considered guilty of anything. It’s just gonna be "Adios Amigo.”
You certainly must have never been formally deported from this country before and you must not be wanted by any federal, state of local law enforcement agency.
A Voluntary Return is quick and easy. You sign the paper and they put you on a bus and take you to the Port of Entry and let you pass through an eight foot high steel gate and into Mexico.
Very un-romantic, but this is it. On this side is the USA, and on that side is Mexico.
This is as close as your deportation bus can get.
On the other side of the gate / border will be Mexican immigration officials who will interview you in a cursory manner. If you can’t prove that you are a Mexican national then they will hand you back over to the USBP and things will get dicey for you. They will also get expensive for the USBP. They will have to pay your ticket to wherever you really came from.
Notice that the gate is unlocked!
But … behind this camera’s vantage point are lots of USBP Agents.
Lots of them … Go ahead … Make their day.
With something called an administrative deportation you can be across the border and trying to head north in to the USA again before the Agent who captured you is even off his ten hour shift (eight hours plus an average of two hours overtime).
If you petition for a Judicial hearing then it can take as long as a year to hear your case and the case is referred to a U.S. Attorney. This is bad. You are going to be a guest of the United States for some considerable time.
Once you file that petition then you have set your course and there is no changing your path. No, you cannot change your mind.
This is what happens when the illegal must be removed to a country other than Mexico or for anyone who — for a reason beyond anything at all rational — requests a formal removal. There are 13 federal court rooms dedicated to and constantly full of illegal aliens just in the border area of California alone. Nearly 400 courts across the entire southern border are jammed with illegal aliens.
The situation is out of control. Ms. Carol Lam, former U.S. Attorney for California’s Southern Distict, has stated that she could prosecute "hundreds of thousands" of illegal aliens a year if she had the staff and that drugs are even being used as barter in the purchase of Stinger missiles. She was recently fired for prosecuting Congressman Randy “Duke” Cunningham (he got eight years). Here is a TV program link.
If the illegal alien has been formally removed in the past and has been caught again then this act of illegal entry is a felony. The penalties are two years if the illegal had a clean prior record. If the illegal had a prior felony then the prison term is 10 years. If the illegal had perpetrated an aggravated felony in the U.S. and then was captured the penalty is 20 years in prison.
And these are real terms and they can stick depending upon the fed’s case load.
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