If you don't show up to court....

[whateva147]

My friend does not have his papers and he took his nephew to court about a month ago and was waiting outside by his car. A guard came out and asked him for his papers, took him inside and arrested him. He was put in a room with about 40 other guys and my friend was the only one that was released. He was given an order of release of recognizance and was scheduled to have a court date today. He has a clean record and he decided not to go because he had some people telling him that if he went, they would give him a "voluntary" departure but he would have to sign his name and that would mess him up if he decided to return back to the states. He decided he wants to change his residence and change his name. I think this was a bad idea...what do y'all think?

Someone told him this was a better option and that they won't be able to find him and that there are more dangerous people they are more interested in finding.

[y14gemini]

It is my understanding that if you do not show up than 1: That is BAD and 2: he will (or has been) ordered removed in absentia. So what that means is there is an order of deportation for your friend.

[Caribbeanman]

Gemini is correct!!..whateva i find it strange that your friend was just sitting in the car and they came and arrest him and even ask him for his papers, i mean he didnt do anything wrong??...this is jus strange.

[whateva147]

That's another reason why he didn't go. He didn't do anything (other than being illegal of course) so he figures that even though he is indeed illegal, he gave no reason for them to take him into the court without just cause. That's why he decided not to go.

[Daniel Green]

Note:

Your friend should call 1-800-898-7180 and enter his A number to find out what happened in court at his hearing. The post below assumes that the judge ordered him removed in absentia.

He was given an order of release of recognizance and was scheduled to have a court date today. He has a clean record and he decided not to go because he had some people telling him that if he went, they would give him a "voluntary" departure but he would have to sign his name and that would mess him up if he decided to return back to the states.

If your friend was granted voluntary departure and he intended to comply with it, it would actually make it easier to return to the U.S.

He decided he wants to change his residence and change his name. I think this was a bad idea...what do y'all think?

If he wants to become legal at some point in the future, this was probably a very bad idea.


Someone told him this was a better option and that they won't be able to find him and that there are more dangerous people they are more interested in finding.

I'm a court officer so I cannot and will not put on my .02 on helping people with information on becoming a fugitive from the law.

However if your friend does not have a criminal record and is not considered a security threat, ICE has bigger fish to fry. At least it was that way in the past. It is not so certain now. Any people giving your friend shelter could be facing criminal penalties for harboring a fugitive, and if they are not in legal status, they could be facing the same fate as your friend if I.C.E. comes knocking at his door, wherever that door may be, since harboring someone known to be undocumented may be considered a crime of moral turpitude.

Aside from an unlawful presence bar, your friend is also disqualified from getting any immigration benefit (save for certain exceptions, such as asylum and related humanitarian relief, and certain VAWA benefits.) for five years, and this period is unwaivable. ( INA § 212(a)(6)(B) )

That's another reason why he didn't go. He didn't do anything (other than being illegal of course) so he figures that even though he is indeed illegal, he gave no reason for them to take him into the court without just cause. That's why he decided not to go.

Your friend is mistaken. Being in unlawful status makes a person deportable, inadmissible, or both, and any inadmissible alien or deportable alien may be placed in removal proceedings.

Gemini is correct!!..whateva i find it strange that your friend was just sitting in the car and they came and arrest him and even ask him for his papers, i mean he didnt do anything wrong??...this is jus strange.

This is a search and seizure question but from what I know there isn't a way to dismiss an NTA unless the search and seizure violation is egregious. But I'm not that well versed in such issues at present.

-Dan