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Legal problems arise in immigration case that was already closed

| Oct 8, 2019 | Immigration and Naturalization

Many New Jersey immigrants can attest to experiencing high levels of stress regarding legal status issues. Some have run into problems regarding visa applications or green card interviews. Others, who may have arrived in the United States under more urgent circumstances, may be at risk for removal due to not having proper paperwork. A man in another state says he was carrying immigration documents that proved his particular case had been closed, but a border patrol agent rejected the papers and arrested him anyway.

The man is the sole care provider for his wife, who reportedly has serious medical needs. He was taken into custody in 2010 for illegal entry into the United States. However, in 2014, a federal court judge signed documents for administrative closure of the man’s case.

Administrative closure is a process used in low priority cases. If a judge signs such documents, the case in question is closed and removed from the court docket. The man in this case says a border patrol agent told him the judge that signed the papers does not know the law and the documents were not valid.

There were approximately 350,000 cases closed through the administrative process in 2018. An attorney representing the man in question says a border patrol agent has no authority to overrule a federal judge’s decision. The man says he is worried that these immigration law problems will inadvertently place his wife’s health at risk because if he is deported, there will be no one there to take care of her. Any New Jersey immigrant facing similar legal status problems can seek support by requesting consultation with an experienced immigration law attorney.

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