Moutinho, Deborah (EOIR)

Transcription

1 Page I of 1 Moutinho, Deborah (EOIR) Attachments: Moutinho, Deborah (EOIR) Wednesday, January 30, :33 PM Rosen, Scott (EOIR) RE: OPPM Draft OPPM Stipulated Removals wpd Okay, take a look at this and please let me know if it is what you had in mind. Rosen, Scott (EOIR) Wednesday, January 30, :07 PM Moutinho, Deborah (EOIR) OPPM 4/27/2009

2 Chief Immigration Judge 5107 Leeshurg Pike, Suite 2500 Falls Church, I'irgnra U.S. Department of Justice Executive Office for Immigration Review Office of the Chief Immigration Judge (DATE) MEMORANDUM All Immigration Judges All Court Administrators All Attorney Advisors and Judicial Law Clerks All Immigration Court Staff FROM: SUBJECT: The Office of the Chief Immigration Judge Operating Policies and Procedures Memorandum 07-02: Procedures for Stinulated Removal Orders Table of Contents 1. Introduction...2 A. Summary B. Background II. Legal authority 3 A. Statutory B. Regulatory I. Procedures... 3 A. Standardization 1. Stipulated removal order 2. Denial without prejudice 3. Stipulated removal request B. Timely processing IV. Conclusion

3 I. Introduction A. Summary, In 1997, the Attorney General prescribed regulations allowing an immigration judge to enter an order of removal stipulated to by aliens and the Department of Homeland Security (DHS) without a hearing and in the absence of the parties. See 8 C.F.R (b). These regulations were issued under an express grant of authority by Congress. See section 240(d) of the Immigration and Nationality Act (Act). This Operating Policies and Procedures Memorandum (OPPM) sets forth guidance regarding stipulated requests for a removal order. B. Background. The Office of the Chief immigration Judge (OCIJ) has reviewed the immigration court procedures nationwide relating to stipulated requests for a removal order under 8 C.F.R (b). OCIJ learned from this review that there are inconsistent practices nationwide both within the immigration courts and the local DHS Chief Counsel's offices regarding the stipulated removal process. To create a more uniform process for stipulated removals, OCIJ has coordinated with DHS to standardize the practices nationwide of both the Immigration Courts and the local Chief Counsel's offices. II. Legal authority A. Statutory Authority. In section 240(d) of the Act, Congress specifically required the Attorney General to provide regulations providing for a stipulated removal process. That section reads in full as follows: The Attorney General shall provide by regulation for entry by an immigration judge of an order of removal stipulated to by the alien (or the alien's representative) and the service. A stipulated order shall constitute a conclusive determination of the alien's removability from the United States. See section 240(d) of the Act. B. Regulatory authority. To implement the statute, the Attorney General promulgated a regulation governing the stipulated removal process at 8 CFR (b). That regulation reads in fuill as follows: (b) Stipulated request for order; waiver of hearing An Immigration Judge may enter an order of deportation. exclusion or removal stipulated to by the alien (or the alien's representative) and the Service. The Immigration Judge may enter an order without a hearing and in the absence of the parties based on a review of the charging document, the written stipulation, and

4 See 8 CFR (b). supporting documents, if any. If the alien is unrepresented, the Immigration Judge must determine that the alien's waiver is voluntary, knowing, and intelligent. The stipulated request and required waivers shall be signed on behalf of the government and by the alien and his or her attorney or representative, if any. The attorney or representative shall file a Notice of Appearance in accordance with (b). A stipulated order shall constitute a conclusive determination of the alien's deportability or removability from the United States. The stipulation shall include: (1) An admission that all factual allegations contained in the charging document are true and correct as written; (2) A concession of deportability or inadmissibility as charged; (3) A statement that the alien makes no application for relief under the Act; (4) A designation of a country for deportation or removal under section 241(b)(2)(A)(1) of the Act; (5) A concession to the introduction of the written stipulation of the alien as an exhibit to the Record of Proceeding; (6) A statement that the alien understands the consequences of the stipulated request and that the alien enters the request voluntarily, knowingly, and intelligently; (7) A waiver of appeal of the written order of deportation or removal. III. Procedures A. Standardization. In an effort to create a uniform stipulated removal process nationwide, two standardized orders have been created that immigrationjudges should use whenever adjudicating stipulated requests for a removal order and waiver of hearing. In addition, DHS has created a standardized stipulated request for a removal order for use by local Chief Counsel's office nationwide. See Attachment A.

5 1. Stipulated removal order. The first order should be used whenever an immigration judge grants a stipulated request for a removal order. See Attachment B. This order includes, but is not limited to, a "check list" of items that are required to be in the stipulation under 8 C.F.R , as well as a statement that the immigration judge has found the waiver of hearing to be voluntary, knowing, and intelligent, as required by regulation. This order is intended to address any concerns that the record be complete with regard to the willfulness of the alien's consent. 2. Denial without prejudice. The second order also contains a check list, but should be used when an immigration judge denies a stipulated removal request for a removal order. See Attachment C. This order requires the judge to identify any deficiency in the stipulated removal request. It states that the denial is "without prejudice, thereby informing the parties how to remedy the deficiency and expressly allowing the parties to remedy it. B. Filing. The regulation governing the stipulated removal process expressly provides that an immigration judge may enter a stipulated order "without a hearing and in the absence of the parties." 8 CFR (b). Accordingly, immigration judges are not required to conduct a hearing in the presence of the parties to rule on a stipulated request for a removal order. Following the submission of a stipulated request for a removal order, the immigration judge should conduct a review of the record of proceedings and render a decision using either the order for granting a stipulated removal request (Attachment A) or the order for denying the request (Attachment B). C. Timely processing. In addition to standardizing the process for stipulated removals, the immigration courts must process them timely, including data entry and turnaround time. Otherwise, efficiencies achievable in terms of fairness to the parties, including detained respondents, and cost savings through reduced detention costs and conservation of valuable hearing time are not achieved. To make the process as timely as possible, Assistant Chief Immigration Judges and Court Administrators, taking into account their available resources and capabilities, should work with Immigration Judges and Court staff to make the stipulated removal process work as timely as possible. IV. CONCLUSION This OPPM is intended to provide guidance regarding the implementation of the statutory and regulatory provisions governing the stipulated removal process. See section 240(d) of the Act; 8 C.F.R (b). If you have ATTACHMENTS:

6 Attachment A: DHS Request for Stipulated Order of Removal and Waiver of Hearing Attachment B: Order of the immigration Judge (Stipulated Removal Order) Attachment C: Order of the Immigration Judge (Denial Without Prejudice)

7 Page I of 1 Moutinho, Deborah (EOIR) Bartolomei, Jr. Rico (EOIR) Thursday, February 21, :42 PM Rosen, Scott (EOIR) RE: stips Good Afternoon Scott, I have not yet had a chance to take a look at it; however, I have not forgotten it or you. Thanks for your patience, Rico. Fmm: Rosen, Scott (EOIR) Thursday, February 21, :22 PM Bartolomei, Jr. Rico (EOIR) stips Hi Rico - Have you had an opportunity to review the proposed OPPM on stipulated removals? Scott 4/27/2009

8 Page 1 of 1 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Thursday, February 21, :22 PM Bartolomei, Jr. Rico (EOIR) stips Hi Rico - Have you had an opportunity to review the proposed OPPM on stipulated removals? Scott 4/27/2009

9 Moutinho, Deborah (EOIR) Smith, Gary (EOIR) Tuesday, September 04, :47 AM Rosen, Scott (EOIR) Stipulated Removals Scott, info Original Message----- Cassidy, William A. (EOIR) Tuesday, September 04, :34 AM Smith, Gary (EOIR) RE: Hotel Picture I shared it with Cynthia. We think it will be fine. A copy of the list of Attorneys appears unnecessary since it is noted both on the NTA and the Stip. Also for those case sent to Stewart may require the list from where the NTA was issued and Georgia? The copy contained is also not acknowledged by the Respondent. Just some thoughts. More could be better, however Original Message----- Smith, Gary (EOIR) Friday, August 31, :03 PM Cassidy, William A. (EOIR) Re: Hotel Picture Sure, Bill, no rush Original Message----- Cassidy, William A. (EOIR) Smith, Gary (EOIR) Fri Aug 31 16:05: RE: Hotel Picture I'm still in a hearing after a 15 minute break from this morning's 8:30 Colombian asylum may I review and respond to the stips Tuesday?? Bill

10 Page 1 of I Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday, January 16, :49 PM Bartolomei, Jr. Rico (EOIR) stips Rico, If time permits, I would like to get your thoughts on what you would like to see addressed in the guidance on stipulated removals. Scott 4/27/2009

11 Page 1 of 1 Moutinho, Deborah (EOIR) O'Melinn, Barry C [barry.o'melinn@dhs.gov] Wednesday, December 12, :23 AM Rosen, Scott (EOIR) stips Hi Scott Any word on this? Barry C. O'Melinn Deputy Principal Legal Advisor U.S Immigration and Customs Enforcement (Office) 4/27/2009

12 Moutinho, Deborah (EOIR) Greer, Anne (EOIR) Thursday, November 29, :18 AM Rosen, Scott (EOIR) RE: stipulated removals Scott! This looks good. ajg Rosen, Scott (EOIR) Wednesday, November 28, :14 AM Neal, David L. (EOIR); Kelly, Ed (EOIR); Greer, Anne (EOIR); Keller, Mary Beth (EOIR); Smith, Gary (EOIR); Grandle, Brooke (EOIR); Soper, Emmett (EOIR) FW: stipulated removals All, Attached for your information is the proposed DHS request for a stipulated removal order with OCIJ's redline edits. Also attached are OCIJ's draft stipulated removal orders (grant and denial). These documents have been reviewed by the IJ stipulated removal committee. We have incorporated comments from the committee, OGC, the BIA, and OIL. I plan to send DHS their proposed request for a stipulated removal order with OCIJs redline edits by Friday COB. Scott << File: Stipulated Removal Order Granted wpd.wd >> << File: Stipulated Removal Order Denied.l I.6.07wpd.wpd >> << File: DHS Stipulated Request (with Translation) I doc >> 1

13 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Wednesday, November 28, :02 PM Fong, Thomas (EOIR) FW: stipulated removals Stipulated Removal Order Granted wpd.wpd; Stipulated Removal Order Denied wpd-wpd; DHS Stipulated Request (with Translation) doc Judge Fong, I remember you wanted to be kept in the loop with regard to stipulated removals. Attached for your information is the proposed DHS request for a stipulated removal order with OCIJ's redline edits. Also attached are OCIJ's draft stipulated removal orders (grant and denial). These documents have been reviewed by the IJ stipulated removal committee. We have incorporated comments from the committee, OGC, the BIA, and OIL. I plan to send DHS their proposed request for a stipulated removal order with OCIJ's redline edits by Friday COB. Scott (703) Stipulated Removal Stipulated Removal DHS Stipulated Order Grant... Order Denie... Request (with T...

14 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) an acknowledgment, if the respondent is not represented, that the respondent was advised of the right to be represented by counsel at no expense to the government and of the availability of free legal services provided by qualified organizations or attorneys; (3) an acknowledgment. if the respondent is not represented. that the respondent understands the right to be represented by counsel at no expense to (lie government but does not wish to be representated in these proceedings: (4) a concession of deportability or inadmissibility as charged; (5) a designation of a country for removal under section 241(b)(2)(A)(1) of the Immigration and Nationality Act ("[NA"); (6) a statement that the respondent does not have a fear of harm if removed to the designated country; (7) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (8) a statement that the respondent does not wish to apply for any relief from removal available under the INA including, but not limited to, voluntary departure, adjustment of status, change of status, cancellation of removal, and registry; (9) a concession to the introduction of the written stipulation of the respondent and the sunvpi ti.g.. atenal as an exhibit to the Record of Proceedings; (10) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (11) a statement that the respondent will accept a written order of removal as a final disposition of the proceedings;

15 (12) an acknowledgment that the respondent understands the right to appeal and knowingly waives appeal of the writlen order of removal[ (13) an acknowledgment that the respondent read the stipulation and the factual allegations and charge[s] contained in the charging document in a language that the respondent understands or that they were read to the respondent verbatim in a language that the respondent understands before the stipulation was signed by the respondent; and (14) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily, knowingly, and intelligently. I have reviewed the written stipulation and the charging document-anad-upporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and the respondent's waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's admission of (ie factual allegations and the concession to the charue[s], I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charge[s] set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory.

16 CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL[ ] PERSONAL SERVICE [ ] TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ]RESPONDENT'S ATT1ORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

17 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulated request is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; an acknowledgment, if the respondent is not represented, that the respondent was advised of the right to be represented by counsel at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys; an acknowkledgment. if the respondent is not represented. that the respondent understands the right to be represented h> counsel ai no expense to the government but does not wish to he represented in these proceedings: a concession of deportability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(1) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of harm if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA including, but not limited to, voluntary departure. adjustment of status, change of status, cancellation of removal, and registry. a concession to the introduction of the written stipulation of the respondent md the suppuz ilgatuui as an exhibit to the Record of Proceedings; a statement that the respondent waives the opportunity for a hearing before

18 an Immigration Judge; a statement that the respondent will accept a written order of removal as a final disposition of the proceedings; an ackinowledgment thai the respondent understands the right to appeal and knowingly waives appeal of the written order of removal; an acknowledgment that the respondent read the stipulation and the factual allegations and charge[s] contained in the charging document in a language that the respondent understands or that they were read to the respondent verbatim in a language that the respondent understands before the stipulation was signed by the respondent; a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily, knowingly, and intelligently; and/or the stipulated request is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied withoutprejudice. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

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20 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGkTION JtDGEP IMMIGRATION I [dhe courts location (city or town) and slae) IN THE MATTER OF File: A RESPONDENT IN REMOVAL PROCEEDID STIPULATED REQUEST FOR ORDER OF REMOVA AND WAIVER OF HEARING The Department of Homeland Security ("DHS"). U.S. Immig Enforcement ("ICE"), and the Respondent, hereby respectfully requests th order of removal in this matter based on the attached stipulation. See INA (b) (2007). The parties jointly request that the order be issued "witl the absence of the parties," as provided in 8 C.F.R (b). Both r appeal. CONTENTS 1. Stipulated Request for Removal Order and Waiver of Hearin 2. Form 1-862, Notice to Appear. 3. List of Free Legal Services Providers. 4. Notice of Right to Consular Notification and Communication 5. Fewm Reccrd of Depoflable/lln admissible Alien I. Page 1 of 8

21 Request for Stipulated Order of Removal and Waiver of Hearin2 File No. A RESPONDENT'S STATEMENT I,, make the following statements and admissions: Yo,, el Demandado en estos procedimientos declare lo siguiente: 1. I am at least 18 years of age. Soy mayor de 18 aios have received a copy of the Notice to Appear ("NT-A") dated. which contains my full, true, and correct name. The allegations and charges] on the NTA Notice to Appear have been read to me in a language that I understand fully. He recibido una copia del A viso de Comparecencia (ATA) con fecha. La NTA contiene mi nombre complete, verdadero, y correcto have been advised of my right during these proceedings to be represented, at no expense to the government, by an attorney or other representative of my choice authorized to represent individuals in these proceedings. I have also received a list of free legal service providers published by the Executive Office fir Immigration Review ("EOR"). Se me ha informado que tengo el derecho de ser representado por un abogado escogido por mi, sin que sea pagado por el gobierno. durante estos procedimientos. Tambin he recibido una lisla de instituciones que ofrecen servicios legales gratuios. (Check "A" or "B.") H A. I understand waive my right to be represented, at no expense to the government, by an attorney or other representative of my choice authorized to represent individuals in these proceedings. I do not wish to be representated in these proceedings. 1 wi4 wish to represent myself in these proceedings. (or) F1 B. I am represented in this matter by an attorney or other representative whose Notice of Lntry of Appearance as Attorney or Representative Before ImimiLgration Judge (Form EOIR-28) is attached. Se me ha informado que tengo el derecho de ser representado por un abogado escogido por mi. sin que sea pagado por el gobierno, durante estos procedimientos. Tambidn he recibido una lis/a de instituciones que ofrecen servicios legales gratuitos. Initials: A. Yo renuncio a mi derecho de ser representado por un abogado. Personalmente yo me representard en estos procedimientos. Page 2 of 8

22 Request for Stipulated Order of Removal and Waiver of Hearing File No. A (0) B. Estoy representado en este caso por un abogado o representante acreditado cuyoformulario EOIR-28 esia anexado have been advised that by signing this request, I will be giving up the following legal rights and privileges that I would otherwise have been entitled to at a hearing before an immigration judge: a) the right to be represented. at no expense to the government. by an attorney or other representalive of ny choice authorized to represent individuals in these proceedings: b) the right to question witnesses, and call witnesses on my behalf; c) the right to offer and object to evidence; d) the right to have all hearings before the immigration judge recorded; e) the right to require the government to prove my removablity; and. f) the right to appeal the Immigration Judge's decision. I understand the above rights and I waive these rights. I do not want to have a hearing before an immigration judge, and I request that the immigration judge issue a written order as a final disposition of the immigration proceedings against me, based solely on the written record including the admissions made in this written statement. Entiendo que tengo derecho a tener una audiencia frente a un juez de inmigracidn, en la cual todos los asuntos que se traten constardn en el acta escrita palabra por palabra. En esta audiencia tendri el derecho de: a) presentar pruebas y examinar y oponerme a la evidencia presentada por el gobierno, incluyendo mis declaraciones escritas b) presentar testigos a mifavor y de interrogar los testigos del gobierno c) apelar cualquier decision deljuez de inmigraci6n, quien revisara todas las pruebas y decidird si yo debo ser expulsado de los Estados Unidos o si existe alguna manera que me permita quedarme en los Estados Unidos. Al firmer esta petici6n, yo renuncio a todos estos derechos y le solicit al juez de inmigraci6n que emita una orden basada solamente en el acta escrita, sin efecluar una audiencia y sin dar ninguna explicaci6n adicional. I admit that all of the factual allegations contained in the NTA Notice to Appear are true and correct. I also agree that I am removable as charged on the Notice to Appear NTA. Admito que todos las acusaciones contenidas en la NTA son verdaderas y correctas, y estoy de acuerdo en que soy sujeto de expulsion como cargado en la NTA. 6. I choose as the country designated for my removal. Initials: Page 3 of 8

23 Request for Stipulated Order of Removal and Waiver of Hearinn File No. A Elio a como el pais designado para mi expulsion dnot believe that!,will be have no fear of perzccutcd. haed, or twnured harm of any kind if I return to that country, and do not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture. No creo que se me perseguiria, haria dailo o torturaria, si regreso a ese pais, y no deseo solicitar asilo, retenci6n de la expulsion, o protecci6n bajo el Convenio Contra la Tortura. 8. I do not wish to apply for any relief from removal under the Immigration and Nationality Act or any other provision of law. Possible grounds for relief include, but are not limited to, voluntary departure, adjustment of status, change of status, cancellation of removal, and/or registry. No deseo solicitar ningrin tipo de amparo legal mediante el cual pueda tener derecho bajo la ley de Inmigraci6n y Naturalizaci6n u otra provision de la ley. Esto podria incluir salida voluntaria, ajuste de estado, cambio de estado, cancelacidn de la expulsion, registro, y naturalizacidn. 9. I am not a citizen of the (nited States. I do not have or make any claim to US. United States citizenship or nationality. Nor do I have any application for naturalization pending with an' auencv of the United States. M tather is a citizen of. My mother is a citizen of No tengo y no hare ningun reclamo de ciudadania Americana. 10. The box I checked below indicates my current immigration status. (Check "A" or-b.") F A. I am not a lawful permanent resident of the Inited States; or F B. I am a lawful permanent resident of the United States and understand that by signing this written statement I will lose this lawful permanent resident status. I understand that b relinquishing iy lawful permanent resident status I may never be able to acquire it again. (Translation I 11. I agree that this written statement will be made part of the record for the immigration judge to review. I also undeqand and agree that the government Form 1213 and any Intls recrd: rating to criminal envizticnz listed in the NIP. may be included in the reee4 Initials: Page 4 of 8

24 Request for Stipulated Order of Removal and Waiver of Hearing File No. A Yo entiendo y estoy de acuerdo que esta declaraci6n escrita hard parte del acta que revisard el juez de ininigracidn. Tambikn entiendo y estoy de acuerdo que elformulario del gobierno y cualquier record del tribunal relacionado con culpabilidad de deliros penales listados en la NTA pueden constituirse en parte del acta understand that I do have the right to appeal the immigration Judge's decision and might even qualil\ to appeal for free. I knowingly waive the right to appeal and agree that I will accept a written order for my removal as a final disposition of these proceedings. I do net wish to choose iot to appeal the written order of the immigration judge, and I waive my right to appeal. Entiendo y estoy de acuerdo que aceptard la orden escrita para mi expulsion, como decision final del juez de inmigraci6n. 13. I understand that, depending upon the facts and circumstances of my case, I cannot return to the United States for a minimum of ten years, and possibly forever, without special permission from the Secretary of (he Department of Homeland Security. I also understand that returning without proper permission could result in ny being removed again and/or being prosecuted for illegal reentry. which may result in punishment of up to 20 years in prison. Yo enliendo, dependiendo de los hechos y las circunstancias precisas de mi caso, que no podrd regresar a los Estados Unidos por un periodo minimo de diez aflos, y posiblemente nunca, sin un permiso especial del gobierno de los Estados Unidos. Tambidn entiendo que si regreso sin el permiso adecuado, podria ser expulsado de nuevo y/o procesado por entrar ilegalmente de nuevo, lo cual podria resultar en un castigo de veinte o mds aflos en prisi6n. 14. The box I checked below indicates the manner by which I became aware of this written statement and all its terms. (Check "A" or "B" or -C'i O A. This written statement was read to mie in a language that I understand. O B. I read this statement without assistance because I am capable of reading and understanding Fnglish. O C. I read this statement wihout assistance because I am capable of reading and understanding Spanish. Whether the statement was read to me, or whether I read the statement myself. I tilly understand the immigration consequences that would result from my removal as described in this written statement. I submit this request for a removal order voluntarily. knowingly. and intelligently. I understand that by signing this document. I will be renioted from the IUnited States after the entry ofa final order of removal. Initials: Page 5 of 8

25 Request for Stipulated Order of Removal and Waiver of Hearing File No. A Se me ha leido esta declaraci6n escrita en un idioma que entiendo. Tambidn he tenido la oportunidad de leerla yo mismo. Entiendo completamente sus consecuencias. Presento esta peticidn para recibir una orden de expulsion de manera voluntaria, consciene, e inteligente, sin ninguna cohesion del gobierno, y creyendo que es en mi mejor interest. Ae doy cuenta que alfirmar este document se me expulsard de los Estados Unidos. I5. I signed this statement and initialed each page of this written statement without duress, force, or coercion. 16. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing statements are all true and correct. I understand that, if any of the information I have provided is false. I ma% be criminally prosecuted for perjury or for making a false oifficial statenien t to a t Inited States official and if con icted of either of those offenses. I could be fined and sentenced to LIP to thi e years in prison. Title 18. United States Code, Section 15a6 provides in pac "Voever knowingly aket under oath, eras permitted under penalty opcojuy under Setio 1716 petitle 28. United States Code, knowingly subscribes as true, ay false statement with respect to a material fact in any applioaton. aqcidavit. or loiwingty presents anl suoh application. affidav i or other doument required by the imirto aor regulations prescribe dihee under, or knowingly presents any, such application, affidavit, or other docunfient conitiningaysc a MA-temenR Or which fails to contarin any reasonable basis in law or fact s-hal b ine i accrdace ith this; tille Or imprfisoned not moere than five years. or both." Doy fe, bajo pena de juramento de las leys de los Estados Unidos de Am ica,, que las declaraciones anteriores son correctas y verdaderas. El Titulo 18, Secci6n 1546, del C6digo de Ios Estado Unidos estipula en pante que: "Quien haga un juramento con pleno conocimiento o, come estd permitido bajo pena de juramento en la Secci6n 1746 del Titulo 18 del C6digo de los Estados Unidos, &~ comeo verdadera. cualquier declaraci6n falsa con respecto a los hechos materiales en cualquier solicitud, declaraci6njurada u otro doumento requerido por las Ieyes inmigratorias o reglamentos contenidos en ]a misma. o, que con pleno conocimiento presente tat solicitud, declaraci6n jurada. u otro documento que contenga cualquiera. de las tales declaraciones falsas o que no contenga alg~n hecho o base legal razonable. sera multado de acuerdo con este titulo o encarcelado per no mds de cinco aflos, o ambos" Date/Fecha RespondentlDemandado Initials: Page 6 of 8

26 CERTIFICATION OF IMMIGRATION OFFICER 1., certify that on I read this "Stipulated Request for Removal Order and Waiver of Hearing" to the alien Respondent, exactly as written and in its entirety, in the language. -Or- I, certify that on I determined that the Respondent could read the language by asking the Respondent to read to me paragraphs and 10 of this "Stipulated Request for Removal Order and Waiver of Hearing. (Date) (Signature of Immigration Officer) (Printed Name and Title) CERTIFICATION OF INTERPRETER (IF APPLICABLE) I,, certify that on - I interpreted this "Stipulated Request for Removal Order and Waiver of Hearing" for the-alien Respondent, verbatim and in its entirety, from English into the language. I certify that I am competent in both English and to render such interpretation. (Date) (Signature of Interpreter) (Printed Name and Title) CONCURRENCE OF ICE ATTORNEY Upon review of the DHS file and papers submitted,. DHS does not oppose the Respondent's request that a Final Order of Removal issue in these proceedings. I have read the Respondent's statements and representations, and they are consistent with evidence available to DHS. In addition. ihe DHS computer indices have been reviewed lir the name furnished by the Respondent and reweal that the Respondent has iled no claim to lited States citizenship or nationality. has no application lr legalizalion under sections 245A or 210 of the Act pending. and that no visa petition has been approved on the Respondent's behalf. DHS waives an inperson hearing in this matter. DHS does not oppose the introduction of this "Stipulated Request for Order of Removal and Waiver of Hearing" as an exhibit in these proceedings. DHS will accept a written order of the Respondent's removal as a final disposition of these removal proceedings and waives its right to appeal. Page 7 of 8

27 (Date) (Signature of ICE attorney) (Printed Name and Title) CONCURRENCE OF RESPONDENT'S ATTORNEY (IF APPLICABLE) I have discussed this wrilien statement with the respondent. I have read the Respondent's statements and representations and concur that the facts and admissions contained in this written statement are stipulated as true. Respondent will accept a written order of removal as a final disposition of these removal proceedings and waives the right to appeal. Respondent's decision to accept the order or removal and waive the right to appeal is done voluntarily with an understanding of the consequences. (Date) (Signature of Respondent's attorney/representative) (Printed Name) Page 8 of 8

28 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Wednesday, November 28, :52 PM Bartolomei, Jr. Rico (EOIR) FW: stipulated removals Stipulated Removal Order Granted wpd.wpd; Stipulated Removal Order Denied wpd.wpd; DHS Stipulated Request (with Translation) doc Hello Rico, For your information. Scott Rosen, Scott (EOIR) Wednesday, November 28, :14 AM Neal, David L. (EOIR); Kelly, Ed (EOIR); Greer, Anne (EOIR); Keller, Mary Beth (EOIR); Smith, Gary (EOIR); Grandle, Brooke (EOIR); Soper, Emmett (EOIR) FW: stipulated removals All, Attached for your information is the proposed DHS request for a stipulated removal order with OCIJ's redline edits. Also attached are OCIJ's draft stipulated removal orders (grant and denial). These documents have been reviewed by the IJ stipulated removal committee. We have incorporated comments from the committee, OGC, the BIA, and OIL. I plan to send DHS their proposed request for a stipulated removal order with OCIJ's redline edits by Friday COB. Scott Stipulated Removal Stipulated Removal DHS Stipulated Order Grant... Order Denie... Request (with T...

29 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Monday, September 17, :05 PM Rosen, Scott (EOIR); Davis, John (EOIR); Abbott, William L. (EOIR); Achtsam, Howard E. (EOIR); Vandello, James (EOIR) RE: stipulated removals Attachments: Stipulated Order (with Translation) 9.17.doc Good Morning, all, I made some slight revisions to paragraph 3 of the DHS stip request by removing "qualified person" and making the language more consistent with 8 CFR (b) and (a)(1). I also revised paragraph 14 B of the DHS stip request to specifically state that the alien read the stip in Spanish or English. I believe these proposed revisions will make the grant of a stip request more bulletproof if challenged. Regards, Scott (703) Stipulated Order (with Transla... Rosen, Scott (EOIR) Wednesday, September 12, :58 PM Davis, John (EOIR); Abbott, William L. (EOIR); Achtsam, Howard E. (EOIR); Vandello, James (EOIR) Greetings, all, Attached is the latest draft DHS stip request with my redline edits incorporating your comments and OIL's comments. DHS seems to have inadvertently omitted these comments from this iteration of the stip request. Also, attached are the OCIJ draft stipulated removal orders (grant and denial). I made some minor revisions to the orders (see redline edits) so that they dovetail with the DHS stip request. Because this project now appears to be on a fast track, our goal is to be ready to launch the new stipulated removal orders by the end of this month. So there is light at the end of this tunnel. Please review the attached material and let me know if you have any additional comments. I would appreciate hearing from you by Wednesday, September 19. Please do not hesitate to call me if you have any questions or concerns. Thanks again for your assistance with this project. Regards, Scott

30 . (703) (work) (703) (cell) << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Order (with Translation) 8.27.doc >> << File: Stipulated Removal Order Denied wpd.wpd >>

31 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Monday, September 17, :05 PM Rosen, Scott (EOIR); Davis, John (EOIR); Abbott, William L. (EOIR); Achtsam, Howard E. (EOIR); Vandello, James (EOIR) RE: stipulated removals Attachments: Stipulated Order (with Translation) 9.17.doc Good Morning, all, I made some slight revisions to paragraph 3 of the DHS stip request by removing "qualified person" and making the language more consistent with 8 CFR (b) and (a)(1). I also revised paragraph 14 B of the DHS stip request to specifically state that the alien read the stip in Spanish or English. I believe these proposed revisions will make the grant of a stip request more bulletproof if challenged. Regards, Scott (703) Stipulated Order (with Transla... Posen, Scott (EOIR) Wednesday, September 12, :58 PM Davis, John (EOIR); Abbott, William L. (EOIR); Achtsam, Howard E. (EOIR); Vandello, James (EOIR) Greetings, all, Attached is the latest draft DHS stip request with my redline edits incorporating your comments and OIL's comments, DHS seems to have inadvertently omitted these comments from this iteration of the stip request. Also, attached are the OCIJ draft stipulated removal orders (grant and denial). I made some minor revisions to the orders (see redline edits) so that they dovetail with the DHS stip request. Because this project now appears to be on a fast track, our goal is to be ready to launch the new stipulated removal orders by the end of this month. So there is light at the end of this tunnel. Please review the attached material and let me know if you have any additional comments. I would appreciate hearing from you by Wednesday, September 19. Please do not hesitate to call me if you have any questions or concerns. Thanks again for your assistance with this project. Regards, Scott

32 (703) (work) (703) (cell) << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Order (with Translation) 8.27.doc >> << File: Stipulated Removal Order Denied wpd.wpd >>

33 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE IN THE MATTER OF File: A RESPONDENT IN REMOVAL PROCEEDINGS STIPULATED REQUEST FOR ORDER OF REMOVAL AND WAIVER OF HEARING The Department of Homeland Security ("DHS"), U.S. Immigration and Customs Enforcement ("ICE"), and the Respondent, hereby respectfully requests that the Court enter an order of removal in this matter based on the attached stipulation. See INA 240(d); 8 C.F.R (b) (2007). The parties jointly request that the order be issued "without a hearing and in the absence of the parties," as provided in 8 C.F.R (b). Both parties wish to waive appeal. CONTENTS 1. Stipulated Request for Removal Order and Waiver of Hearing. 2. Form 1-862, Notice to Appear. 3. List of Free Legal Services Providers. 4. Notice of Right to Consular Notification and Communication. 5. Form 1-213, Record of Deportable/lnadmissible Alien. 6. Page 1 of 8

34 Request for Stipulated Order of Removal and Waiver of Hearing File No. A RESPONDENT'S STATEMENT I,, make the following statements and admissions: Yo,, el Demandado en estos procedimientos declaro lo siguiente: 1. I am at least 18 years of age. Soy mayor de 18 alos have received a copy of the Notice to Appear ("NT-A") dated. which contains my fill, true, and correct name. The allegations and chargers] on the NTA Notice to AppeaL have been read to me in a language that I understand. He recibido una copia del Aviso de Comparecencia (N7A) con fecha contiene mi nombre complete, verdadero, y correcto.. La NTA 3. 1 have been advised of my privilege during these proceedings to be represented, at no expense to the government, by an attorney or other representative of my choice authorized to represent aliens in immigration proceedings. I have also received a list of free legal service providers published by the Executive Office of Immigration Review Se me ha informado que tengo el derecho de ser representado por un abogado escogido por m, sin que sea pagado por el gobierno, durante estos procedimientos. Tambin he recibido una lista de instituciones que ofrecen servicios legales gratuitos. (Check "A" or "B.") O A. I waive my privilege to be represented, at no expense to the government, by an attorney or other representative of my choice authorized to represent aliens in immigration proceedings. I will represent myself in these proceedings. (or) H B. I am represented in this matter by an attorney or other representative whose Notice of Entry of Appearance as Attorney or Representative Before Immigration Judge (Form EOIR-28i is attached. Se me ha infbrmado que tengo el derecho de ser representado por un abogado escogido por mi, sin que sea pagado por el gobierno, durante estos procedimientos. Tambibn he recibido una lista de instituciones que ofrecen servicios legales gratuitos. A. Yo renuncio a mi derecho de ser represeniado par un abogado. Personalmente yo me represenards en estos procedimientos. Initials: Page 2 of 8

35 Request for Stinulated Order of Removal and Waiver of Hearing File No. A (o) B. Estoy representado en este caso por un abogado o representante acreditado cuyoformulario EOIR-28 estd anexado have been advised that by signing this request, I will be giving up the following legal rights and privileges that I would otherwise have been entitled to at a hearing before an immigration judge: a) the privilege of an attorney or other representative to represent me at no expense to the government, b) the right to question witnesses, and call witnesses on my behalf, c) the right to offer and to object to evidence, d) the right to have all hearings before the immigration judge recorded, and e) the right to require the government to prove my removablity. I waive these rights. I do not want to have a hearing before an immigration judge, and I request that the immigration judge issue a written order as a final disposition of the immigration proceedings against me, based solely on the written record including the admissions made in this written statement. Entiendo que tengo derecho a tener una audiencia frenle a un juez de inmigraci6n, en la cual todos los asuntos que se traten constardn en el acta escrita palabra por palabra. En esta audiencia tendrs el derecho de: a) presentar pruebas y examinar y oponerme a la evidencia presentada por el gobierno, incluyendo mis declaraciones escritas b) presentar testigos a mi favor y de interrogar los testigos del gobierno c) apelar cualquier decision deljuez de inmigracidn, quien revisara todas las pruebas y decidird si yo debo ser expulsado de los Estados Unidos o si existe alguna manera que me permita quedarme en los Estados Unidos. Al firmar esta peticion, yo renuncio a todos estos derechos y le solicito al juez de inmigraci6n que emita una orden basada solamente en el acta escrita, sin efectuar una audiencia y sin dar ninguna explicacidn adicional admit that all of the factual allegations contained in the NTA Notice to Appear are true and correct. I also agree that I am removable as charged on the Notice to Appear NTA. Admito que todos las acusaciones contenidas en la NTA son verdaderas y correctas, y estoy de acuerdo en que soy sujeto de expulsion como cargado en la NTA choose as the country designated for my removal. Elio a como el pais designado para mi expulsion. Initials: Page 3 of 8

36 Request for Stipulated Order of Removal and Waiver of Hearini File No. A 7. 1 do not elie.e that I %%ill b have no fear of persecuted. handed. or tenured persecution, hann. or torture if I return to that country, and do not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture. No creo que se me perseguiria, haria daflo o torturaria, si regreso a ese pais, y no deseo solicitar asilo, retenci6n de la expulsion, o proteccion bajo el Convenio Contra la Tor/ura do not wish to apply for any relief from removal under the Immigration and Nationality Act or any other provision of law. Possible grounds for relief include, but are not limited to, voluntary departure, adjustment of status, change of status, cancellation of removal, and/or registry. No deseo solicitor ningn tipo de amparo legal mediante el cual pueda tener derecho bajo la ley de Inmigracidn y Naturalizacidn u otra provision de la ley. Esto podria incluir salida voluntaria, ajuste de estado, cambio de estado, cancelacidn de la expulsion, registro, y naturalizaci6n. 9. I am not a citizen of the United States. I do not have or make any claim to U-S. United States citizenship or nationality. Nor do I have any application for naturalization pending with DHS. My father is a citizen of. My mother is a citizen of No tengo y no hare ningtin reclamo de ciudadania Americana. 10. (Check "A" or "l.") E A. I am not a lawful permanent resident of the I united States: or E B. I am a lawful permanent resident of the United States and understand that by signing this written statement I will lose this lawful pernanent resident status. [TranslationI 11. I understand and agree that this written statement will be made part of the record for the immigration judge to review. I also understand and agree that the government's Form I- 213 and any court records relating to criminal convictions listed in the NTA Notice to Appear may be made part of the record. Yo entiendo y estoy de acuerdo que esia declaraci6n escrita hard parte del acta que revisard el juez de inmigraci6n. Tambidn entiendo y estoy de acuerdo que el formulario del gobierno y cualquier record del tribunal relacionado con culpabilidad de delitos penales listados en la NTA pueden constituirse en parte del acta understand that I would have had the right to appeal the immigration judge's decision but and agree that I will accept a written order for my removal as a final disposition of Initials: Page 4 of 8

37 Request for Stipulated Order of Removal and Waiver of Hearing File No. A these proceedings. I do not wish is choose not to appeal the written order of the immigration judge, and I waive my right to appeal. Entiendo y estoy de acuerdo que aceptard la orden escrita para mi expulsion, como decision final del juez de inmigracidn. 13. I understand that, depending upon the facts and circumstances of my case, I cannot return to the United States for a minimum of ten years. and possibly forever, without special permission from the Secretary of DHS. I also understand that returning without proper permission could result in mx being removed again and/or being prosecuted for illegal reentry, which may result in punishment of up to 20 years in prison. Yo entiendo, dependiendo de los hechos y' las circunstancias precisas de mi caso, que no podre regresar a los Estados Unidos por un period minimo de diez anos, y posiblemente nunca, sin un permiso especial del gobierno de los Estados Unidos. Tambidn entiendo que si regreso sin elpermiso adecuado, podria ser expulsado de nuevo y/o procesado por entrar ilegalmente de nuevo, lo cual podria resultar en un castigo de veinte o mas afls en prisidn. 14. Check A or B. O A. This written statement has been read to me in a language that I understand. I fully understand its the immigration consequences that would result from my removal as described in this written statement. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United States. ri B. 1 read and understand Englh. I read and understand English or Spanish. or both. I have had an oppouniy--to read this written statement. I fully understand 44s the imnmigration consequences that would result from my removal as described in this \wittcn statement. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United States. Se me ha leido esta declaraci6n escrita en un idioma que entiendo. Tambien he tenido la oportunidad de leerla yo mismo. Entiendo completamente sus consecuencias. Presento esta peticidn para recibir una orden de expulsion de manera voluntaria, conscience. e inteligente, sin ninguna cohesion del gobierno, y creyendo que es en mi mejor interds. Me doy cuenta que alfirmar este documento se me expulsard de los Estados Unidos. 15. I signed this statement and initialed each page of this written statement without duress. force. or coercion certify, under penalty of perjury under the laws of the United States of America, that the foregoing statements are all true and correct. I understand that. if any of the information I Initials: Page 5 of 8

38 Request for Stipulated Order of Removal and Waiver of Hearing File No. A have provided is false, I may be criminally prosecuted for perjury or for making a false official statement to a United Stales official and. if convicted of either of those offenses I could be lined and sentenced to up it) live years in prison. Title 18- United Stales Code, Setioen 1j6 provides, in paes: kowingly dlioever makes under dea or as p, qiied under penalty f pe under n Secton 76 de. United StI8, Code, knowingly cubscribes as tue, am false staemint wih respect to a mntoial fact in any application, affidavit, or knowingly pres ts any sueh appliation, affidavit or c6her dcu ntr required no the idiian laws or ieglations poemed there under, or nisgly, presents any sueh appication afidavit ar oter document containing otr such false statement Or which fails to contain any; reasonable basis in law or fact shall be fined i Beecordanle; With this title Or imprisoed-- not P4oreP than five years. or both?. Day fe, bajo pena de juramento de las leys de los Estadas Unidos de Anrica, que las deelaraciones anteriores son correctas y verdaderas. El Titulo 18, Secci6n 1546, del C6digo de los Estado Unidos estipula en pante que: "Quien haga un j uramenta con pleno conocimiento a, cono estd permitido bajo pena de juramento en la Secci6n 1746 del Titulo 18 del C6digo de los Estados Unidos, d camo verdadera, cualquier declaraci6n falsa con respect a las hechos materiales en cualquier solicud declaraci6n jurada u afro documents requerido por las leyes inmigratorias a reglamentas contenidos en la mnisma a, que con pleno canocirniento presente tal solicitud, declaraci6n jurada u otro documento que contenga. cualquiera de las tales declaraciones falsas a que no cantenga alg(in hecho a base legal razonable, serdi multado de acuerdo con este titulo a encarcelado par no mas de cinco alias, a amnbos" Date/Fec/ia Respondent/Demandado Initials: Page 6 of 8

39 CERTIFICATION OF IMMIGRATION OFFICER 1,., certify that on I read this "Stipulated Request for Removal Order and Waiver of Hearing" to the alien Respondent, exactly as written and in its entirety, in the language. (Date) (Signature of Immigration Officer) (Printed Name and Title) CERTIFICATION OF INTERPRETER (IF APPLICABLE), _, certify that on I interpreted this "Stipulated Request for Removal Order and Waiver of Hearing" for the-alien Respondent, verbatim and in its entirety, from English into the language. I certify that I am competent in both English and to render such interpretation. (Date) (Signature of Interpreter) (Printed Name and Title) CONCURRENCE OF ICE ATTORNEY Upon review of the DHS file and papers submitted, DHS does not oppose the Respondent's request that a Final Order of Removal issue in these proceedings. I have read the Respondent's statements and representations, and they are consistent with evidence available to DHS. DHS waives an in-person hearing in this matter. DHS does not oppose the introduction of this "Stipulated Request for Order of Removal and Waiver of Hearing" as an exhibit in these proceedings. DH4S will accept a written order of the Respondent's removal as a final disposition of these removal proceedings and waives its right to appeal. (Date) (Signature of ICE attorney) (Printed Name and Title) Page 7 of 8

40 CONCURRENCE OF RESPONDENT'S ATTORNEY (IF APPLICABLE) I have read the Respondent's statements and representations and concur that the facts and admissions contained are stipulated as true. Respondent will accept a written order of removal as a final disposition of these removal proceedings and waives the right to appeal. (Date) (Signature of Respondent's attomey/reprsentative) (Printed Name) Page 8 of 8

41 Moutinho, Deborah (EOIR) Importance: Smith, Gary (EOIR) Monday, September 10, :20 AM Rosen, Scott (EOIR) FW: Stipulated Removals High Here were Bill's thoughts Original Message----- Smith, Gary (EOIR) Tuesday, September 04, Rosen, Scott (EOIR) Stipulated Removals :47 AM Scott, info Original Message----- Cassidy, William A. (EOIR) Tuesday, September 04, :34 AM Smith, Gary (EOIR) RE: Hotel Picture I shared it with Cynthia. We think it will be fine. A copy of the list of Attorneys appears unnecessary since it is noted both on the NTA and the Stip. Also for those case sent to Stewart may require the list from where the NTA was issued and Georgia? The copy contained is also not acknowledged by the Respondent. Just some thoughts. More could be better, however Original Message----- Smith, Gary (EOIR) Friday, August 31, :03 PM Cassidy, William A. (EOIR) Re: Hotel Picture Sure, Bill, no rush Original Message----- Cassidy, William A. (EOIR) Smith, Gary (EOIR) Fri Aug 31 16:05: RE: Hotel Picture I'm still in a hearing after a 15 minute break from this morning's 8:30 Colombian asylum may I review and respond to the stips Tuesday?? Bill

42 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Thursday, August 30, :05 AM Smith, Gary (EOIR) RE: stipulated removals There is an issue regarding how the document is communicated to the respondent (paragraph 14 of the DHS form) I'd like to get your read on. Please let me know when I can stop by your office. Smith, Gary (EOIR) Thursday, August 30, :24 AM Rosen, Scott (EOIR); Soper, Emmett (EOIR) RE: stipulated removals They look very good to me. Rosen, Scott (EOIR) Wednesday, August 29, :58 PM Soper, Emmett (EOIR) Cc: Smith, Gary (EOIR) stipulated removals Emmett, I have incorporated the suggestions made by you and ACIJ Smith. Would you please review the attached stipulation and orders before I vet them with the IJs on Stipulated Removals Committee? I hope to have the proposed OPPM competed soon. By the way, the stipulation is a Word document. The orders are WordPerfect documents. Scott << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Order (with Translation) 8.27.doc >> << File: Stipulated Removal Order Denied wpd.wpd >>

43 Moutinho, Deborah (EOIR) Smith, Gary (EOIR) Thursday, August 30, :24 AM Rosen, Scoff (EOIR); Soper, Emmett (EOIR) RE: stipulated removals They look very good to me. Rosen, Scott (EOIR) Wednesday, August 29, :58 PM Soper, Emmett (EOIR) Cc: Smith, Gary (EOIR) stipulated removals Emmett, I. have incorporated the suggestions made by you and ACIJ Smith. Would you please review the attached stipulation and orders before I vet them with the Uis on Stipulated Removals Committee? I hope to have the proposed OPPM competed soon. By the way, the stipulation is a Word document. The orders are WordPerfect documents. Scott << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Order (with Translation) 8.27.doc >> << File: Stipulated Removal Order Denied wpd.wpd >>

44 Moutinho, Deborah (EOIR) Cc: Attachments: Rosen, Scott (EOIR) Wednesday, August 29, :58 PM Soper. Emmett (EOIR) Smith, Gary (EOIR) stipulated removals Stipulated Removal Order Granted wpd-wpd; Stipulated Order (with Translation) 8.27.doc; Stipulated Removal Order Oenied wpd.wpd Emmett, I have incorporated the suggestions made by you and ACIJ Smith. Would you please review the attached stipulation and orders before I vet them with the IJs on Stipulated Removals Committee? I hope to have the proposed OPPM competed soon. By the way, the stipulation is a Word document. The orders are WordPerfect documents. Scot Stipulated Removal Stipulated Order Stipulated Removal Order Grant... (with Transia... Order Denie...

45 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Tuesday, August 28, :47 AM Smith, Gary (EOIR) stipulated removals Stipulated Removal Order Granted wpd.wpd; Stipulated Order (with Translation) 8.27.doc; Stipulated Removal Order Denied wpd.wpd Gary, I made some revisions to the DHS form and the removal orders. I will ask the Stip committee to review them again and start working on the OPPM. Scott Stipulated Removal Stipulated Order Stipulated Removal Order Grant... (with Transla... Order Denle...

46 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented., an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution, harm, or torture if removed to the designated country; (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal available under the INA including, but not limited to, voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal; (12) an acknowledgment that the stipulation and the factual allegations and

47 charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily, kaningly. und intelligentl. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the chargets1 set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation. exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory.

48 CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ J RESPONDENT [ J RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

49 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE IN THE MATTER OF File: A RESPONDENT IN REMOVAL PROCEEDINGS STIPULATED REQUEST FOR ORDER OF REMOVAL AND WAIVER OF HEARING The Department of Homeland Security ("DHS"), U.S. Immigration and Customs Enforcement ("ICE"), and the Respondent, hereby respectfully requests that the Court enter an order of removal in this matter based on the attached stipulation. See INA 240(d); 8 C.F.R (b) (2007). The parties jointly request that the order be issued "without a hearing and in the absence of the parties," as provided in 8 C.F.R (b). Both parties wish to waive appeal. CONTENTS I. Stipulated Request for Removal Order and Waiver of Hearing. 2. Form 1-862, Notice to Appear. 3. List of Free Legal Services Providers. 4. Notice of Right to Consular Notification and Communication. 5. Form 1-213, Record of Deportable/lnadmissible Alien. 6. Page 1 of 8

50 Request for Stipulated Order of Removal and Waiver of Hearing File No. A RESPONDENT'S STATEMENT I,, make the following statements and admissions: Yo, el Demandado en es/os procedimientos declaro lo siguienie: I am at least 18 years of age. Soy mayor de 18 alos have received a copy of the Notice to Appear (N4A") dated, which contains my full, true, and correct name. The allegations and charges on the NTA Notice to Appear have been read to me in a language that I understand. He recibido una copia del Aviso de Comparecencia (NAT) con fecha. La A7A contiene mi nombre complete, verdadero, y correcto have been advised of my right privilege to be represented by an attorney or other qualified person of my choice, at no expense to the government, during these proceedings. I have also received a list of free legal service providers published by the Executive Office of Immigration Review ("EOIR"). Se me ha informado que tengo el derecho de ser representado por un abogado escogido por mi, sin que sea pagado por el gobierno, durante estos procedimientos. Tambidn he recibido una lista de instituciones que ofrecen servicios legales gratuitos. (Check "A" or "B.") E A. I waive my right privilege to be represented by an attorney or aeeredited representative or other qualified person of my choice. I will represent myself in these proceedings. (or) H B. I am represented in this matter by an attorney or acorzditcd reprventativz other qiailed person of my choice whose form EOIR-28 Notice of Appearance is attached. Se me ha informado que tengo el derecho de ser representado por un abogado escogido por mi, sin que sea pagado por el gobierno, durante estos procedimientos. Tambidn lie recibido una lista de instituciones que ofrecen servicios legales gratuitos. A. Yo renuncio a mi derecho de ser representado por un abogado. Personalmente yo me representard en estos procedimientos. (o) Initials: Page 2 of 8

51 Request for Stipulated Order of Removal and Waiver of Hearing File No. A B. Estoy representado en este caso por tin abogado o representanie acreditado cuyojbrmulario EOIR-28 esic anexado have been advised that by signing this request, I will be giving up the following legal rights and privileges that I would otherwise have been entitled to at a hearing before an immigration judge: a) the privilege of an attorney or other qualified person of my choice to represent me at no expense to the Government, b) the right to question witnesses, and call witnesses on my behalf, c) the right to offer and to object to evidence, d) the right to have all hearings before the immigration judge recorded, and e) the right to require the government to prove my removablity. I waive these rights. I do not want to have a hearing before an immigration judge, and I request that the immigration judge issue a written order as a final disposition of the immigration proceedings against me, based solely on the written record including the admissions made in this written statement. Entiendo que tengo derecho a tener una audiencia frente a un juez de inmigraci6n, en la cual todos los asuntos que se traten constaran en el acta escrita palabra por palabra. En esta audiencia tendrd el derecho de: a) presentar pruebas y examinar y oponerme a la evidencia presentada por el gobierno, incluyendo mis declaraciones escritas b) presenlar testigos a mikivor y de interrogar los testigos del gobierno c) apelar cualquier decision deljuez de inmigraci6n, quien revisara todas las pruebas y decidird si yo debo ser expulsado de los Estados Unidos o si existe alguna manera que me permita quedarme en los Estados Unidos. Al firmar esta petici6n, yo renuncio a todos estos derechos y le solicito al juez de inmigraci6n que emita una orden basada solamente en el acta escrita, sin ejectuar una audiencia y sin dar ninguna explicacion adicional admit that all of the factual allegations contained in the NTA Notice to Appear are true and correct. I also agree that I am removable as charged on the Notice to Appear NTA. Admito que todos las acusaciones contenidas en la NTA son verdaderas y correctas, y estoy de acuerdo en que soy sujeto de expulsin como cargado en la NTA choose as the country designated for my removal. Elio a como elpais designadopara mi expulsion. Initials: Page 3 of 8

52 Request for Stipulated Order of Removal and Waiver of Hearing File No. A 7. 1 do not believe- that -Ail be have no fear of penoutod, hamed, or trfwd persecution. harm. or torture if I return to that country, and do not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture. No creo que se me perseguiria, haria daflo o forturaria, si regreso a ese pais, y no deseo solicitar asilo, retenci6n de la expulsion, o proteccidn baio el Convenio Contra la Tortura. 8. I do not wish to apply for any relief from removal under the Immigration and Nationality Act or any other provision of law. Possible grounds for relief include, but are not limited to, voluntary departure, adjustment of status, change of status, cancellation of removal, and/or registry. No deseo solicitar ningon tipo de amparo legal mediante el cual pueda tener derecho bajo la ley de Inmigraci6n y Naturalizaci6n u otra provision de la ley. Esto podria incluir salida voluntaria, ajuste de estado. cambio de estado. cancelacidn de la expulsion, registro, y naturalizacin. 9. I am not a citizen of the United States. I do not have or make any claim to U-. United States citizenship or nationality. Nor do 1 have any application for naturaliztion pending with DHS. My parents are citizens of - No tengo y no har6 ningtn reclamo de ciudadania Americana. 1t. (Check 'A" or -B.") F A. I am not a lawful permanent resident of the United States: or n B. I am a lawful pernianent resident of ti United States and understand that by signing this written statement I will loose this lawful permanent resident status. [Translation) understand and agree that this written statement will be made part of the record for the immigration judge to review. I also understand and agree that the government's Form I- 213 and any court records relating to criminal convictions listed in the NTA Notice to Appear may be made part of the record. Yo entiendo y estoy de acuerdo que esta declaraci6n escrita hard parte del acta que revisard eljuez de inmigraci6n. Tambidn entiendo y estoy de acuerdo que elformulario del gobierno y cualquier record del tribunal relacionado con culpabilidad de delitos penales listados en la NTA pueden constituirse en parte del acta. 12. I understand that I would have had the right to appeal the immigration Judge's decision but and agree that I will accept a written order for my removal as a final disposition of these proceedings. I do not wish to appeal the written order of the immigration judge. I waive my right to appeal. Initials: Page 4 of 8

53 Request for Stinulated Order of Removal and Waiver of Hearing File No. A Entiendo y estoy de acuerdo que aceptard la orden escrita para mi expulsion, como decision final del juez de inmigracidn understand that, depending upon the facts and circumstances of my case, I cannot return to the United States for a minimum of ten years, and possibly forever, without special permission from the Secretary of DHS. I also understand that returning without proper permission could result in being removed again and/or being prosecuted for illegal reentry which may result in punishment of up to 20 years in prison. Yo entiendo, dependiendo de los hechos y las circunstanciax precisas de mi caso, que no podrd regresar a los Estados Unidos por un periodo minimo de diez ahos, y posiblemente nunca, sin un permiso especial del gobierno de los Estados Unidos. Tambidn entiendo que si regreso sin el permiso adecuado, podria ser expulsado de nuevo y/o procesado por entrar ilegalmente de nuevo, lo cual podria resultar en un castigo de veinte o mds ahos en prison. 14. Check A or B. Fl1 A. This written statement has been read to me in a language that I understand. I fully understand its all the immigration consequences that would result from my removal as described in this writen statement. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United States. H B. I read and understood English. I have had an opportunity to read this written statement in my own language. I ad fully understand its all the immigration consequences that would result from my removal as described in Ibis written statement. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United States. Se me ha leido esta declaraci6n escrita en un idioma que entiendo. Tambkin he tenido la oportunidad de leerla yo mismo. Entiendo completamenie sus consecuencias. Presento es/a petici6n para recibir una orden de expulsion de manera voluntaria, consciente, e inteligente, sin ninguna cohesion del gobierno, y creyendo que es en mi mejor interest. Me doy cuenta que alfirmar este documento se me expulsara de los Estados Unidos. 15. I signed this statenient and initialed each page of this written statement without duress. force. or coercion- 16. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing statements are all true and correct. I Understand that. if any of the information I have provided is Ialse. I may be criminally prosecuted for perjury or for making a talse official statement it) a I united States O)licial and. if convicted of either of those offenses, Initials: Page 5 of 8

54 Request for Stipulated Order of Removal and Waiver of Hearing File No. A I could be lined and sentenced to tip to live years in prison. Till I8, Unied States Code, Section 1516 provides in porrtec tasover drgy makes under oath, or as pitted under pnai of pem' under Setido 1716 of Title 2 United States Code, knwigl subscribes as true, any false statement sith respect to a mterial feact in any application, qufidavit, o knowingly presents any suoh applicateon, affid' or other document required by the iqigradion lae or regulations presribed there under, or knoingly prbatse any such application, affidavit, or other descment ontaining any such false statemfent or which fails to contain ffly reasonable basis in law or fact shall be fined in accordance ith this tle or imprisoned not more than five yea or both." Doy fe, bajo pena de juramento de las Ieyes de los Estados Unidos de Amrica,, que Las declaraciones anteriores son correctas y verdaderas. El Tituo Seccin P, 1546, del C6digo de los Estado Unidos estipula en pare que: "Quien haga un jurainento con pleno conocimiento a, coma estd permitida baja pena de juraniento en Ia Secci6n 1746 del Titulo 18 del C6digo de los Estadas Unidos, d& coma verdadera, cualquier declaraci6n falsa con respecto a los hechos materiales en cualquier solicitud, declaraci6njurada u otto, documento requerida por las leyes ianigratorias o reglamentos contenidos en la misma o, que con pleno conocimiento presente tal solicitud, declaraci6n jurada u otro docuiaento que contenga cualquiera de las tales declaraciones falsas a que no contenga algfin hecho a base legal razonable, sera multado de acuerdo, con este titulo o encarcelado por no mhs de cinco ajios. o ambas" Date/Fec/ia RespondentlDemandado Initials: Page 6 of 8

55 CERTIFICATION OF IMMIGRATION OFFICER 1,, certify that on I read this "Stipulated Request for Removal Order and Waiver of Hearing" to the alien, exactly as written and in its entirety, in the language. (Date) (Signature of Immigration Officer) (Printed Name and Title) CERTIFICATION OF INTERPRETER (IF APPLICABLE) 1,, certify that on - I interpreted this "Stipulated Request for Removal Order and Waiver of Hearing" for the alien, verbatim and in its entirety, from English into the language. I certify that I am competent in both English and to render such interpretation. (Date) (Signature of Interpreter) (Printed Name and Title) CONCURRENCE OF ICE ATTORNEY Upon review of the DHS file and papers submitted, DHS does not oppose the Respondents request that a Final Order of Removal issue in these proceedings. I have read the Respondent's statements and representations, and they are consistent with evidence available to DHS. DHS waives an in-person hearing in this matter. DHS does not oppose the introduction of this "Stipulated Request for Order of Removal and Waiver of Hearing" as an exhibit in these proceedings. DHS will accept a written order of Respondent's removal as a final disposition of these removal proceedings and waives its right to appeal. (Date) (Signature of ICE attorney) (Printed Name and Title) Page 7 of 8

56 CONCURRENCE OF RESPONDENT'S ATTORNEY (IF APPLICABLE) I have read the Respondent's statements and representations and concur that the facts and admissions contained are stipulated as true. Respondent will accept a written order of removal as a final disposition of these removal proceedings and waives the right to appeal. (Date) (Signature of Respondent's attorney/reprsentative) (Printed Name) Page 8 of 8

57 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS in the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution, harm or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA including, but not limited to, voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization: a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

58 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; know! ingi>, nd intellitentlx: and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE ThiS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT CIO CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

59 Page 1 of 2 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Thursday, August 23, :20 PM Fong, Thomas (EOIR) RE: Expedited Removals This is now a high priority for DHS so I am trying to wrap this up on our end ASAP. I do expect this to launch in less than three months. Fong, Thomas (EOIR) Thursday, August 23, :52 PM Rosen, Scott (EOIR) RE: Expedited Removals Understood and appreciate the draft copies anyway. Any idea whether this will occur soon--like within the next 3 months or less? Rosen, Scott (EOIR) Thursday, August 23, :49 AM Fong, Thomas (EOIR) RE: Expedited Removals I believe you are referring to stipulated removals. We are on the tail end of commenting on the latest version of the DHS stipulated removal form. (I am working with the ljs on the OCIJ stipulated removals committee.) I will suggest to the Chief Judge that we issue an OPPM attaching the OCIJ stipulated removal orders (grant and denial) once DHS is ready to go nationwide with their stipulated removal request form. The latest draft DHS draft stipulated removal form (which is still under review by the OCIJ stip committee) and the draft OCIJ orders are attached for your information. I welcome any comments you have. I suggest waiting, however, until we launch an OPPM before using the draft stipulated removal orders since there are likely to be changes. Scott (703) (w) (703) (C) Fong, Thomas (EOIR) Thursday, August 23, :54 AM Rosen, Scott (EOIR) Expedited Removals Scott, DHS is pressing for us in the LA area to start these types of proceedings again (we have close to 36,000 pending cases), but I would appreciate you sending me a copy of the latest proposed MOU? I would like to start up the program locally as I understand we do not need to wait for a "national" consensus to have local plans in action. What you had was very good, and I want to insure that any plan I start ahead of a national MOU will be 4/27/2009

60 Page 2 of 2 consistent or in need of very little revision once it comes out. Of course I would not use the one you sent me verbatim---do not want to lock you in on anything. tom 4/27/2009

61 Moutinho, Deborah (EOIR) Davis, John (EOIR) Wednesday, July 11, :30 PM Rosen, Scott (EOIR) RE: stipulated removals Scot looks very good to me! Regrads, John W. Davis United States Immigration Judge 1705 East Hanna Road Eloy, Arizona (520) Original Message----- Rosen, Scott (EOIR) Monday, July 02, :20 PM Davis, John (EOIR) stipulated removals Good afternoon Judge Davis, I am writing to let you know that stipulated removals are still on the radar screen. I have been waiting for DHS to incorporate the latest round of DOJ comments into the DHS stip. To move things along, I incorporated the comments and a few other changes myself and will send the revised stip (attached) back to DHS shortly. Scott (703) << File: Stipulated Request for Removal Draft.7.2.doc >>

62 Moutinho, Deborah (EOIR) Cc: Smith, Gary (EOIR) Thursday, July 12, :20 PM Cassidy, William A. (EOIR) Rosen, Scott (EOIR) Stipulated Voluntary Bill, do you have a written format for a stipulated voluntary departure if the counsel there have been using a written format? Scott Rosen would like to have a copy of one. He is working on the standard format for stipulated removal orders in conjunction with DHS. as well as a draft OPPM. I told Scott that you would also be a good person to bounce some ideas off about stipulated removals generally- He has come up with a very good format for the stipulation and two orders (one for rejection and one for a removal order). Thanks. Gary

63 Moutinho, Deborah (EOIR) Gipe, Bruce (EOIR) Tuesday, July 03, :03 PM Rosen, Scott (EOIR) RE: stips Scott, This looks good (can't comment on the Spanish parts). Have a good 4th! Bruce ----Original Message----- Rosen, Scott (EOIR) Monday, July 02, :41 PM Gipe, Bruce (EOIR) Stips Latest iteration. << File: Stipulated Request for Removal Draft.7.2.doc >>

64 Moutinho, Deborah (EOIR) Attachments: Smith, Gary (EOIR) Monday, June 18, :09 AM Rosen, Scott (EOIR) RE: stips Draft OPPM (Stipulated Removal Orders).wpd Scott, here's a first stab at an OPPM: Draft OPPM Stipulated Removal Odiginal Message----- Fmm: Rosen, Scott (EOIR) Friday, June 15, :44 PM Smith, Gary (EOIR) RE: stips Any suggestions you have for vetting this material is welcome Original Message----- Fmm: Smith, Gary (EOIR) Friday, June 15, :26 PM Rosen, Scott (EOIR) RE: stips -----Original Message----- Rosen, Scott (EOIR) Friday, June 15, :15 PM Smith, Gary (EOIR) RE: stips John Davis is who I was thinking of Orginal Message- Smith, Gary (EOIR) Friday, June 15, :51 PM Rosen, Scott (EDIR) RE: stips Thanks, Scott Original Message---- Rosen, Scott (EOIR) Friday, June 15, :50 PM Smith, Gary (EOIR) stips << File: Stipulated Order Draft.doc >> << File: Stipulated Removal Order Denied wpd.wpd >> << File: Stipulated Removal Order Granted wpd.wpd >>

65 July 16, 2007 MEMORANDUM TO: FROM: All Immigration Judges All Court Administrators All Attorney Advisors and Judicial Law Clerks All Immigration Court Staff The Office of the Chief Immigration Judge SUBJECT: Operating Policies and Procedures Memorandum 07-02: Procedures for Stipulated Removal Orders TABLE OF CONTENTS I. INTRODUCTION... H. STATUTORY AND REGULATORY AUTHORITY FOR STIPULATED REMOVAL O R D E R S... 2 Il. PROCEDURES FOR STIPULATED REMOVAL ORDERS IV. CONCLUSION...4 I. INTRODUCTION The Immigration and Nationality Act has provided for the use of stipulated removal orders since The Act requires the Attorney General to provide by regulation for the entry of an order of removal stipulated to by the alien (or the alien's representative) and the Service. Since the passage of that portion of the Act and subsequent promulgation of the regulatory direction, implementation of the procedure has been inconsistent because there was no uniform procedure used throughout the agencies involved, the Department of Justice Executive Office for Immigration Review and the Department of Homeland Security. The immigration courts that have used the stipulated removal order procedure have demonstrated it to be a fair and efficient one which avoids respondents, detained respondents in particular, from languishing without action in their cases. To provide for a uniform procedure, the Executive Office for Immigration Review and other agencies involved, including the Department of Homeland Security, have finalized a uniform procedure that provides for a stipulation and two possible orders that the immigration judge may issue, dependent on whether the particular stipulated removal request complies with existing law and procedures or has a defect. This document sets forth procedures to be used with stipulated removal order requests.

66 II. STATUTORY AND REGULATORY AUTHORITY FOR STIPULATED REMOVAL ORDERS A. Statutory Authority. Section 240(d) of the Immigration and Nationality Act provides for stipulated removal orders as follows: (d) Stipulated Removal. The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien's representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien's removability from the United States. B. Regulatory Authority. To implement the statute, the Attorney General promulgated 8 C.F.R (b), which provides: (b) Stipulated request for order; waiver of hearing. An Immigration Judge may enter an order of deportation, exclusion, or removal stipulated to by the alien (or the alien's representative) and the Service. The Immigration Judge may enter such an order without a hearing and in the absence of the parties based on a review of the charging document, the written stipulation, and supporting documents, if any. If the alien is unrepresented, the Immigration Judge must determine that the alien's waiver is voluntary, knowing, and intelligent. The stipulated request and required waivers shall be signed on behalf of the government and by the alien and his or her attorney or representative, if any. The attorney or representative shall file a Notice of Appearance in accordance with l003.16(b). A stipulated order shall constitute a conclusive determination of the alien's deportability or removability from the United States. The stipulation shall include: (1) An admission that all factual allegations contained in the charging document are true and correct as written; (2) A concession of deportability or inadmissibility as charged; (3) A statement that the alien makes no application for relief under the Act; (4) A designation of a country for deportation or removal under section 241(b)(2)(A)(i) of the Act; (5) A concession to the introduction of the written stipulation of the alien as an exhibit to the Record of Proceeding; (6) A statement that the alien understands the consequences of the stipulated request and that the alien enters the request voluntarily, knowingly, and intelligently; (7) A statement that the alien will accept a written order for his or her deportation, exclusion or removal as a final disposition of the proceedings; and (8) A waiver of appeal of the written order of deportation or removal.

67 Ill. PROCEDURES FOR STIPULATED REMOVAL ORDERS The following procedures shall be applicable with respect to stipulated removal order requests and stipulated removal orders in any case in which the alien (or the alien's respresentative) and the Department of Homeland Security (DHS) have stipulated to an order of removal. In any case in which the DHS intends to request a stipulated removal order, DHS will follow the format set out in Appendix A, including attachment of documents and completion of all applicable required signatures to the documents. Following submission of the request for a stipulated removal order, the immigration judge will conduct a review of the file and render a decision by selecting and signing either Appendix B (the format for rejecting a stipulated removal request when there is a defect and denying the request without prejudice) or Appendix C (the format for approving a stipulated removal request and ordering removal). The order will then be distributed. IV. CONCLUSION This OPPM is intended to provide guidance in implementing the stipulated removal order statute and regulation now in effect and to provide uniform guidance for the immigration courts to follow in all such cases. If you have any questions regarding this OPPM, please contact Brooke Grandle, Counsel to the Chief Immigration Judge, at (703) or your Assistant Chief Immigration Judge. APPENDICES: David L. Neal Chief Immigration Judge APPENDIX A: Request for Stipulated Order of Removal and Waiver of Hearing APPENDIX B: Order of the Immigration Judge (Denial Without Prejudice) APPENDIX C: Order of the Immigration Judge (Stipulated Removal Order)

68 Moutinho, Deborah (EOIR) Attachments: Smith, Gary (EOIR) Monday, June 18, :07 AM Rosen, Scott (EOIR) RE: stips Draft OPPM (Stipulated Removal Orders).wpd Scott, here is a very rough draft that is just a start on an OPPM: Draft OPPM Stipulated Removal Original Message----- Rosen, Scott (EOIR) Fiday, June 15, :44 PM Smith, Gary (EOIR) RE: stips Any suggestions you have for vetting this material is welcome. --- Original Message----- Fmm: Smith, Gary (EOIR) Friday, June 15, :26 PM Rosen, Scott (EOIR) RE: stips --- Original Message-- Frm: Sent Rosen, Scott (EOIR) Friday, June 15, :15 PM Smith, Gary (EOIR) RE: stips John Davis is who I was thinking of. ----Original Message----- Smith, Gary (EOIR) Friday, June 15, :51 PM Rosen, Scott (EOIR) RE: tips Thanks, Scott Original Message----- Sent- Rosen, Scott (EOIR) Friday, June 15, :50 PM Smith, Gary (EOIR) stips << File: Stipulated Order Draft.doc >> << File: Stipulated Removal Order Denied wpd.wpd >> << File: Stipulated Removal Order Granted wpd.wpd >>

69 July 16, 2007 MEMORANDUM TO: FROM: All Immigration Judges All Court Administrators All Attorney Advisors and Judicial Law Clerks All Immigration Court Staff The Office of the Chief Immigration Judge SUBJECT: Operating Policies and Procedures Memorandum 07-02: Procedures for Stipulated Removal Orders TABLE OF CONTENTS 1. INTRODUCTION... 1 II. STATUTORY AND REGULATORY AUTHORITY FOR STIPULATED REMOVAL ORDERS III. PROCEDURES FOR STIPULATED REMOVAL ORDERS IV. CONCLUSION INTRODUCTION The Immigration and Nationality Act has provided for the use of stipulated removal orders since The Act requires the Attorney General to provide by regulation for the entry of an order of removal stipulated to by the alien (or the alien's representative) and the Service. Since the passage of that portion of the Act and subsequent promulgation of the regulatory direction, implementation of the procedure has been inconsistent because there was no uniform procedure used throughout the agencies involved, the Department of Justice Executive Office for Immigration Review and the Department of Homeland Security. The immigration courts that have used the stipulated removal order procedure have demonstrated it to be a fair and efficient one which avoids respondents, detained respondents in particular, from languishing without action in their cases. To provide for a uniform procedure, the Executive Office for Immigration Review and other agencies involved, including the Department of Homeland Security, have finalized a uniform procedure that provides for a stipulation and two possible orders that the immigration judge may issue, dependent on whether the particular stipulated removal request complies with existing law and procedures or has a defect. This document sets forth procedures to be used with stipulated removal orders.

70 II. STATUTORY AND REGULATORY AUTHORITY FOR STIPULATED REMOVAL ORDERS A. Statutory Authority. Section 240(d) of the Immigration and Nationality Act provides for stipulated removal orders as follows: (d) Stipulated Removal. The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien's representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien's removability from the United States. B. Regulatory Authority. To implement the statute, the Attorney General promulgated 8 C.F.R (b), which provides: (b) Stipulated request for order; waiver of hearing. An Immigration Judge III. PROCEDURES FOR STIPULATED REMOVAL ORDERS The following procedures shall be applicable with respect to stipulated removal orders in any case in which the alien (or the alien's respresentative) and the Department of Homeland Security (DHS) have stipulated to an order of removal. In any case in which the DHS intends to request a stipulated removal order, DHS will follow the format set out in Appendix A for a stipulated request, including the completion of all required signatures to the documents. Following submission of the request for a stipulated removal order, the immigration judge will conduct a review of the file and render a decision by selecting and signing either Appendix B (the format for rejecting a stipulated removal request when there is a defect) or Appendix C (the format for approving a stipulated removal request and ordering removal). IV. CONCLUSION This OPPM is intended to provide guidance in implementing the stipulated removal order rules now in effect and to provide uniform guidance for the immigration courts to follow. If you have any questions regarding this OPPM, please contact Brooke Grandle. Counsel to the Chief Judge at (703) or your Assistant Chief immigration Judge.

71 David L. Neal Chief Immigration Judge APPENDICES: Appendix A: Request for Stipulated Order of Removal and Waiver of Hearing Appendix B: Order of the Immigration Judge (Denial Without Prejudice) Appendix C: Order of the Immigration Judge (Stipulated Removal Order)

72 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Monday, July 02, :20 PM Davis, John (EOIR) stipulated removals Stipulated Request for Removal Draft.7.2.doc Good afternoon Judge Davis, I am writing to let you know that stipulated removals are still on the radar screen. I have been waiting for DHS to incorporate the latest round of DOJ comments into the DHS stip. To move things along, I incorporated the comments and a few other changes myself and will send the revised stip (attached) back to DHS shortly. Scott (703) SUpulated Request for Removal...

73 Moutinho, Deborah (EOIR) Cc: Lang, Steven (EOIR) Monday, June 25, :13 PM Neal, David L. (EOIR) Nimick, Lockhart (EOIR); Rosen, Scott (EOIR) Video on Stipulated Orders of Removal Hello David, I wanted to update you on the status of the video on stipulated orders of removal. The script for the video is complete, having been reviewed by a variety of individuals here at EOIR, including yourself, Scott Rosen, Locky Nimick, Barbara Leen, Bruce Gipe and myself. The basic outline of the script was lifted from a script drafted by the Florence Immigrant and Refugee Rights Project for use by the Legal Orientation Program. At this point, the following matters would need to be resolved before we can proceed any further with this idea: 1. Funding - currently, there is no authorization for funding of video production. It is estimated that production costs through the DOJ Multi-media office would run between $10,000 to $20,000; 2. Approval/Agreement with ICE to show the video to all candidates for pro se stipulated orders of removal prior to their signing of such requests at all or some detention sites. Without assurance of such arrangements in place, the objectives of the video would not be realized; 3. Approval by a critical mass of immigration judges for whom knowledge that detained aliens have seen the video (prior to signing a request for stipulated order of removal) would make a decisive difference in granting such motions (approving the request having determined that the alien's waiver to a hearing was made knowingly, intelligently and voluntarily) 4. Concern has also been expressed that if such a video is produced, that some judges who would not otherwise require that such detained aliens view the video prior to signing a request, would then start requiring ICE to show the video to all candidates for pro se stipulated removal - further complicating the process. Please let me know if you have any questions, or would like to discuss this further. Thanks, Steve

74 Moutinho, Deborah (EQIR) Bartolomei, Jr. Rico (EOIR) Wednesday, June 13, :01 PM Rosen, Scott (EOIR) RE: stipulated removals Thank you Scott. I will review them. Also, thank you for your earlier message. I will be interested in hearing Mr. Howard's proposal to David regarding the type of language he would like in the VP MOU. Aside from that it sounds like we are very close. Thanks, Rico Original Message----- Rosen, Scott (EOIR) Wednesday, June 13, :57 PM Bartolomel, Jr. Rico (EOIR) stipulated removals Rico, I thought you might be interested in seeing the proposed stipulated removal orders that we drafted in conjunction with the Department. I'll send you the draft DHS stip after we finish incorporating the comments we received from OIL and some of the IJs. The goal is to standardize the DHS stip request and the OCIJ orders. Scott << File: Stipulated Removal Order Denied wpd.wpd >> << File: Stipulated Removal Order Granted wpd.wpd >>

75 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Wednesday, June 13, :57 PM Bartolomei, Jr. Rico (EOIR) stipulated removals Stipulated Removal Order Denied,2.8.07wpd.wpd; Stipulated Removal Order Granted wpd.wpd Rico, I thought you might be interested in seeing the proposed stipulated removal orders that we drafted in conjunction with the Department. I'll send you the draft DHS stip after we finish incorporating the comments we received from OIL and some of the IJs. The goal is to standardize the DHS stip request and the OCIJ orders. Scott Stipulated Removal Stipulated Removal Order Denie... Order Grant...

76 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written: if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the [NA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

77 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated hearing is hereby denied without prejudice. request for a removal order and waiver of (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

78 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("[NA"); (5) a statement that the respondent does not have a fear of being harmed if removed to the designated country (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal available under the INA including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an himnigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal; (12) an acknowledgment that the stipulation and the factual allegations and

79 charges contained in the charging document were written in the respondent'sown language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges] set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who will fully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels

80 back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENTS ATTORNEY/REPRESENTATIVE [ I DHS DATE: BY: COURT STAFF

81 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Friday, February 23, :33 AM Soper, Emmett (EOIR) stipulated removals Stipulated Removal Order Denied wpd.wpd; Stipulated Removal Order Granted wpd.wpd Emmett -Would you mind proofreading the stip orders. Thanks. Scott Stipulated Removal Stipulated Removal Order Denle... Order Grant...

82 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Narre) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver. of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of removability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization. a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an inunigration judge; a statement that the respondent will accept a written order for his or her

83 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal hearing is hereby denied without prejudice. order and waiver of (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ ] TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

84 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of removability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization. (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an immigration judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal;

85 (12) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member orany of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's

86 reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ I RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

87 Moutinho, Deborah (EOIR) Attachments: Rosen. Scott (EOIR) Thursday, February 08, :49 PM Davis, John (EOIR) stiulated removal orders Stipulated Removal Order AaltenateGranted wpd.wpd John, Thanks again for your assistance with this project. I made some revisions to the draft orders based on your suggestions. The draft order granting the stipulated removal request is attached. The revisions (paragraphs 6 & 7) are highlighted. Please let me know at your earliest convenience if you have any concerns with the revised language. Regards, Scott (703) Stipulated Removal Order Aalte...

88 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of removability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; (7) a stabmen tat the respondent does not wih to aply-fr *My tsw4i removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization. (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding: (9) a statement that the respondent waives the opportunity for a hearing before an immigration judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal;

89 (12) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's

90 reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ I PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ 3 DHS DATE: BY: COURT STAFF

91 Moutinho, Deborah (EOIR) Cc: Chapman, Kevin (EOIR) Wednesday, February 07, :01 PM Keller, Mary Beth (EOIR); Nimick, Lockhart (EQIR) Rosen, Scott (EOIR) RE: Stipulated removals Thanks for fyi'ing OGC. Kevin Original Message----- Keller, Mary Beth (EOIR) Wednesday, February 07, :15 AM Nimick, Lockhart (EOIR); Chapman, Kevin (EOIR) Cc: Rosen, Scott (EOIR) FW: Stipulated removals fyi'ing OGC, since they are the ones Kevin initially contacted. MaryBeth Keller General Counsel, EOIR Mary Original Message----- Rosen, Scott (EOIR) Wednesday, February 07, :07 AM Jones, Kevin R Cc: Keller, Mary Beth (EOIR) Stipulated removals Hello Kevin, I am working on the stipulated removal orders for OCIJ. As MaryBeth correctly said, we have incorporated the language you suggested into our stipulated removal orders and are at the tail end of vetting them with some of our immigration judges. Because the DHS form should dovetail with our orders, we will need to review the final version of the DHS form before we can finalize them. We recently contacted DHS and expect to hear from someone in their enforcement division shortly regarding the status of their form. Scott (703)

92 Moutinho, Deborah (EOIR) Cc: Keller, Mary Beth (EDIR) Wednesday, February 07, :15 AM Nimick, Lockhart (EOIR); Chapman, Kevin (EOIR) Rosen, Scott (EOIR) FW: Stipulated removals fyi'ing OGC, since they are the ones Kevin initially contacted. MaryBeth Keller General Counsel, EOIR 703/ Mary. Beth Original Message----- Rosen, Scott (EOIR) Wednesday, February 07, :07 AM Jones, Kevin R Cc: Keller, Mary Beth (EOIR) Stipulated removals Hello Kevin, I am working on the stipulated removal orders for OCIJ. As MaryBeth correctly said, we have incorporated the language you suggested into our stipulated removal orders and are at the tail end of vetting them with some of our immigration judges. Because the DHS form should dovetail with our orders, we will need to review the final version of the DHS form before we can finalize them. We recently contacted DHS and expect to hear from someone in their enforcement division shortly regarding the status of their form. Scott (703)

93 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday, February 07, :08 AM Neal, David L. (EOIR) FW: Stipulated removals fyi Original Message----- Rosen, Scott (EOIR) Wednesday, February 07, :07 AM Jones, Kevin R Cc: Keller, Mary Beth (EOIR) Stipulated removals Hello Kevin, I am working on the stipulated removal orders for OCIJ. As MaryBeth correctly said, we have incorporated the language you suggested into our stipulated removal orders and are at the tail end of vetting them with some of our immigration judges. Because the DHS form should dovetail with our orders, we will need to review the final version of the DHS form before we can finalize them. We recently contacted DHS and expect to hear from someone in their enforcement division shortly regarding the status of their form. Scott (703)

94 Moutinho, Deborah (EOIR) Attachments: Soper, Emmett (EOIR) Thursday, January 25, :23 PM Rosen, Scott (EOIR) IJs' Comments Reqest for Stipulated Order Comments.wpd IJs' comments on the Request for a Stipulated Order of Removal. Emmett Reqest for tpulated Order Co..

95 uggestions and comments on the DHS Request for Stipulated Order of beginning of the Request, the phrase ". _, make the following " 2V " SLULCH1UlL shuld be changed 10 1, _, make the ioilowing statement anu admissions." [Judge Davis] * In paragraph 12, the reference to "the Attorney General" should be changed to "the DHS Secretary" or, better yet, "United States Immigration Authorities." [Judge Abbott] * The inclusion of the is good. [Judge Davis]

96 Moutinho, Deborah (EOIR) Attachments: Soper, Emmett (EOIR) Thursday, January 25, :59 PM Rosen, Scott (EOIR) Stipulated Removal Orders Stipulated Removal Order Denied.wpd: Stipulated Removal Order Granted.wpd With the changes we discussed. Stipulated Removal Stipulated Removal Order Denie... Order Grant...

97 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written, if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of removability or inadmissibility as charged; a designation of a country for removal under section 241 (b)(2)(a)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; departure, adjustment of status, change of status, cancellation of removal, regtry, and naturalization a statent that the respondent does not wish to aplty 1iUptm*i t the Conndoa Against Torture a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an immigration judge; a statement that the respondent will accept a written order for his or her

98 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal, an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. The stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. The parties are not prohibited from submitting a subsequent request for a stipulated order of removal and waiver of hearing. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

99

100 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of removability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Inunigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; remowerte NA, inelmling asylum, withboldig ofretii VAW departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (7) a statement that the respondent does not wish to apply for protection under the Convention Against Torture; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an iunigration judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings;

101 (11) a waiver of appeal of the written order of removal; (12) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien

102 has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ ] TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

103 Moutinho, Deborah (EOIR) Cc: Achtsam, Howard E. (EOIR) Friday, January 12, :11 PM Rosen, Scott (EOIR) Abbott, William L. (EOIR); Pullen, Thomas (EOIR); Soper, Emmett (EOIR); Vandello, James (EOIR); Davis, John (EOIR) RE: Stipulated Removal Orders I have reviewed the materials that you sent and the comments of Judge Davis and Judge Vandello. I think that everything that needs to be said in the orders is stated. The only additional suggestion that I have is to modify paragraph 12 of the grant order to state that "the respondent enters the request voluntarily, knowingly, and intelligently". The regulation requires that the stipulation contain that language and the request for a stipulated order of removal essentially has that wording. Thank you for including me in this process. Howard Achtsam -Original Message----- Rosen, Scott (EOIR) Wednesday, December 20, :36 PM Abbott, William L. (EOIR); Vandello, James (EOIR); Davis, John (EOIR); Achtsam, Howard E. (EOIR) Cc: Soper, Emmett (EOTR); Pullen, Thomas (EOIR); Rosen, Scott (EOIR) Stipulated Removal Orders Hello Everyone, We appreciate you taking the time from your busy schedules to be on this stips committee. Attached for your review are two proposed OCIJ stipulated removal orders. (One order is for granting a stip; the other for denying it.) Also attached is the proposed DHS stipulation form. We are waiting for DHS to finalize their stip form so please keep a close hold on this material. Below are the comments on the DHS form that DOJ already forwarded to DHS. I thought it would be a good idea to start vetting this material early so that once the DHS stip form is final, we can move quickly if any finishing touches need to be made to the OCIJ orders. I would appreciate hearing from for you by Friday, January 12, Please copy Emmett Soper, an OCIJ attorney advisor, with any comments. Again, thanks for helping out with this. Scott (703) Comments forwarded to DHS - It is presumed that the DHS stip form will be published as a regular public-use form after clearance under the Paperwork Reduction Act. -in para 3 and para 3A, I think the word "attorney" should be revised to read "attomey or representative". -In para 9, the statement is worded in terms of not 'wish[ing]" to apply for relief from removal for which the alien may be eligible. That seems like the wrong way to word this provision, because it ducks the issue of whether there is any reason the alien might BE eligible for relief from removal. I have no problem with the list of forms of relief that the alien would be waiving, but I wonder if it would be better to explain more clearly what the grounds of relief are and to provide some context to indicate why the alien would not be eligible. For example, by establishing that the alien does not have a claim of having been granted some status (e.g., TPS, asylee, refugee, LPR), and does not have immediate family members who are U.S. citizens or LPRs (which may be relevant for adjustment or for cancellation). There is nothing in this form equivalent to the "claimed status" review for expedited removal aliens who claim to be LPRs, asylees, refugees, etc. This current draft doesn't provide enough info for the alien to know what the various forms of relief mean and the alien is not given a chance to state any reasons why he or she might be eligible for such relief.

104 In para 12, the draft states that the alien cannot return to the U.S. for "a minimum of ten years, and possibly forever, without special permission from the Attorney General." - It is probably adequate to state that the period will be a minimum of ten years, and possibly "longer" rather than "forever". -- The reference to special permission from the Attorney General is confusing because the consent to reapply for admission under section 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) should be sought initially from DHS. The issue would not come before an 1J (i.e., before the Attorney General) unless the alien had failed to seek such permission (or had been denied) prior to returning the U.S. as they are supposed to do. Though some courts do allow such nunc pro tunc applications to an IJ, it would be clearly preferable to emphasize the importance of seeking permission from DHS. Thus, the provision should read something like "from the Secretary of Homeland Security or other authorized government official." -- The reference in pars 12 to "punishment of up to twenty years in prison" is potentially a bit misleading, since the 20-year term only applies to aggravated felons. It would probably be adequate to state that the punishment for aliens who reenter illegally "may result in incarceration in prison for up to 2 years (or in certain cases for up to 10 years or 20 years)." << File: Stipulated Removal Order Denied.wpd >> << File: Stipulated Removal Order Granted.wpd >> << File: Draft Stipulated Removal Package (JRK ).doc >>

105 Moutinho, Deborah (EOIR) Cc: Vandello, James (EOIR) Wednesday, January 10, :47 PM Rosen, Scott (EOIR) Davis, John (EOIR); Abbott, William L. (EOIR); Achtsam, Howard E. (EOIR); Soper, Emmett (EOIR); Pullen, Thomas (EOIR) RE: Stipulated Removal Orders I was preparing my when Judge Davis' came up. I was going to discuss several of the same issues, but he has stated them quite well and I agree with his assessment. I had several stipulated removal orders recently completed at the Aurora Detention Center, and they were all reopened as a group. The respondents said they had no idea what they signed, and the DHS agreed to the reopening. I believe the newlyproposed forms will cure the deficiencies in our local motions. In particular, I believe the officer's statement that he explained the forms to the respondent in his native language is very important. If a motion to reopen is filed later, the officer is available as a witness and his certification is in black and white. I'm sure you all agree that these stipulated orders make us a little nervous. Some federal judges take great relish in overseeing our cases, and the old stipulation forms left something to be desired. However, the proposals (as changed by Judge Davis) would pass muster in Federal Court. Thank you for including me in this process Original Message----- Rosen, Scott (EOIR) Wednesday, December 20, :36 PM Abbott. William L. (EOIR); Vandello, James (EOIR); Davis, John (EOIR); Achtsam, Howard E. (EOIR) Cc: Soper, Emmett (EOIR); Pullen, Thomas (EOIR); Rosen, Scott (EOIR) Stipulated Removal Orders Hello Everyone, We appreciate you taking the time from your busy schedules to be on this stips committee. Attached for your review are two proposed OCIJ stipulated removal orders. (One order is for granting a stip; the other for denying it.) Also attached is the proposed DHS stipulation form. We are waiting for DHS to finalize their stip form so please keep a close hold on this material. Below are the comments on the DHS form that DOJ already forwarded to DHS. I thought it would be a good idea to start vetting this material early so that once the DHS stip form is final, we can move quickly if any finishing touches need to be made to the OCIJ orders. I would appreciate hearing from for you by Friday, January 12, Please copy Emmett Soper, an OCIJ attorney advisor, with any comments. Again, thanks for helping out with this. Scott (703) Comments forwarded to DHS - It is presumed that the DHS stip form will be published as a regular public-use form after clearance under the

106 Paperwork Reduction Act. -In para 3 and para 3A, I think the word "attorney" should be revised to read "attorney or representative". -In para 9, the statement is worded in terms of not "wish[ing]" to apply for relief from removal for which the alien may be eligible. That seems like the wrong way to word this provision, because it ducks the issue of whether there is any reason the alien might BE eligible for relief from removal. I have no problem with the list of forms of relief that the alien would be waiving, but I wonder if it would be better to explain more clearly what the grounds of relief are and to provide some context to indicate why the alien would not be eligible. For example, by establishing that the alien does not have a claim of having been granted some status (e.g., TPS, asylee, refugee, LPR), and does not have immediate family members who are U.S. citizens or LPRs (which may be relevant for adjustment or for cancellation). There is nothing in this form equivalent to the "claimed status" review for expedited removal aliens who claim to be LPRs, asylees, refugees, etc. This current draft doesn't provide enough info for the alien to know what the various forms of relief mean and the alien is not given a chance to state any reasons why he or she might be eligible for such relief. In para 12, the draft states that the alien cannot return to the U.S. for "a minimum of ten years, and possibly forever, without special permission from the Attorney General." -- It is probably adequate to state that the period will be a minimum of ten years, and possibly "longer" rather than "forever'. -- The reference to special permission from the Attorney General is confusing because the consent to reapply for admission under section 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) should be sought initially from DHS. The issue would not come before an IJ (i.e., before the Attorney General) unless the alien had failed to seek such permission (or had been denied) prior to returning the U.S. as they are supposed to do. Though some courts do allow such nunc pro tunc applications to an IJ, it would be clearly preferable to emphasize the importance of seeking permission from DHS. Thus, the provision should read something like "from the Secretary of Homeland Security or other authorized government official." -- The reference in para 12 to "punishment of up to twenty years in prison" is potentially a bit misleading, since the 20-year term only applies to aggravated felons. It would probably be adequate to state that the punishment for aliens who reenter illegally "may result in incarceration in prison for up to 2 years (or in certain cases for up to 10 years or 20 years)." << File: Stipulated Removal Order Denied.wpd >> << File: Stipulated Removal Order Granted.wpd >> << File: Draft Stipulated Removal Package (JRK ).doc >>

107 Moutinho, Deborah (EOIR) Cc: Vandello, James (EOIR) Wednesday. January :47 PM Rosen, Scott (EOIR) Davis, John (EOIR); Abbott, William L. (EOIR); Achtsam, Howard E. (EOIR); Soper, Emmett (EOIR); Pullen, Thomas (EOIR) RE: Stipulated Removal Orders I was preparing my when Judge Davis' came up. I was going to discuss several of the same issues, but he has stated them quite well and I agree with his assessment. I had several stipulated removal orders recently completed at the Aurora Detention Center, and they were all reopened as a group. The respondents said they had no idea what they signed, and the DHS agreed to the reopening. I believe the newlyproposed forms will cure the deficiencies in our local motions. In particular, I believe the officer's statement that he explained the forms to the respondent in his native language is very important. If a motion to reopen is filed later, the officer is available as a witness and his certification is in black and white. I'm sure you all agree that these stipulated orders make us a little nervous. Some federal judges take great relish in overseeing our cases, and the old stipulation forms left something to be desired. However, the proposals (as changed by Judge Davis) would pass muster in Federal Court. Thank you for including me in this process Original Message----- Cc: Hello Everyone, Rosen, Scott (EOIR) Wednesday, December 20, :36 PM Abbott, William L. (EOIR); Vandello, James (EOIR); Davis, John (EOTR); Achtsam, Howard E. (EOIR) Soper, Emmett (EOIR); Pullen, Thomas (EOIR); Rosen, Scott (EOIR) Stipulated Removal Orders We appreciate you taking the time from your busy schedules to be on this stips committee. Attached for your review are two proposed OCIJ stipulated removal orders. (One order is for granting a stip; the other for denying it.) Also attached is the proposed DHS stipulation form. We are waiting for DHS to finalize their stip form so please keep a close hold on this material. Below are the comments on the DHS form that DOJ already forwarded to DHS. I thought it would be a good idea to start vetting this material early so that once the DHS stip form is final, we can move quickly if any finishing touches need to be made to the OCIJ orders. I would appreciate hearing from for you by Friday, January 12, Please copy Emmett Soper, an OCIJ attorney advisor, with any comments. Again, thanks for helping out with this. Scott (703) Comments forwarded to DHS - It is presumed that the DHS stip form will be published as a regular public-use form after clearance under the

108 Paperwork Reduction Act. -In para 3 and para 3A, I think the word "attorney" should be revised to read "attorney or representative". 7ln para 9, the statement is worded in terms of not "wish[ing]" to apply for relief from removal for which the alien may be eligible. That seems like the wrong way to word this provision, because it ducks the issue of whether there is any reason the alien might BE eligible for relief from removal. I have no problem with the list of forms of relief that the alien would be waiving, but I wonder if it would be better to explain more clearly what the grounds of relief are and to provide some context to indicate why the alien would not be eligible. For example, by establishing that the alien does not have a claim of having been granted some status (e.g., TPS, asylee, refugee, LPR), and does not have immediate family members who are U.S. citizens or LPRs (which may be relevant for adjustment or for cancellation). There is nothing in this form equivalent to the "claimed status" review for expedited removal aliens who claim to be LPRs, asylees, refugees, etc. This current draft doesn't provide enough info for the alien to know what the various forms of relief mean and the alien is not given a chance to state any reasons why he or she might be eligible for such relief. In para 12, the draft states that the alien cannot return to the U.S. for "a minimum of ten years, and possibly forever, without special permission from the Attorney General." - It is probably adequate to state that the period will be a minimum of ten years, and possibly "longer' rather than "forever". - The reference to special permission from the Attorney General is confusing because the consent to reapply for admission under section 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) should be sought initially from DHS. The issue would not come before an IJ (i.e., before the Attorney General) unless the alien had failed to seek such permission (or had been denied) prior to returning the U.S. as they are supposed to do. Though some courts do allow such nunc pro tunc applications to an IJ, it would be clearly preferable to emphasize the importance of seeking permission from DHS. Thus, the provision should read something like "from the Secretary of Homeland Security or other authorized government official." -- The reference in para 12 to "punishment of up to twenty years in prison" is potentially a bit misleading, since the 20-year term only applies to aggravated felons. It would probably be adequate to state that the punishment for aliens who reenter illegally "may result in incarceration in prison for up to 2 years (or in certain cases for up to 10 years or 20 years)." << File: Stipulated Removal Order Denied.wpd >> << File: Stipulated Removal Order Granted.wpd >> << File: Draft Stipulated Removal Package (JRK ).doc >>

109 Moutinho, Deborah (EOIR) Cc: Rosen, Scott (EOIR) Thursday, November 30, :21 PM Neal, David L. (EOIR) Keller, Mary Beth (EOIR); Pullen, Thomas (EOIR) FW: Stips David, I just realized that MaryBeth did previously send en confirming that we can set up a group of Js to review the stips. Who will contact Denise? Tom and I can contact the others. Is this still a priority? Scott ---- Original Message----- Keller, Mary Beth (EOIR) Monday, November 13, :15 AM Rosen, Scott (EOIR); Pullen, Thomas (EOIR); Neal, David L. (EOIR); O'Malley, Brenda M. (EOIR) RE: Stips We've gotten the green, i.e., if we want to set these groups up and invite a the union to name a rep, no problem. Not all the groups we might set up would require a union rep, but if they go over into working conditions, they might. So, if we are inclined to have the rep anyway, we are covered. I am talking to Denise Slavin on another topic today. Do you want me to raise and ask for a rep for this? mtk MaryBeth Keller General Counsel, EOIR 703/ Mary.Beth.Keller@usdoj.gov Original Message--- Rosen, Scott (EOIR) Monday, November 13, :52 AM Pullen, Thomas (EOIR); Neal, David L. (EOIR); Keller, Mary Beth (EOIR); O'Malley, Brenda M. (EOIR) Stips The stips for removal proceedings are attached. Once ELR gives the green light, we can set up the IJ stps working group. << File: Stipulated Removal Order Denied.wpd >> << File: Stipulated Removal Order Granted.wpd >>

110 Moutinho, Deborah (EOIR) Cc: Importance: Davis, John (EOIR) Wednesday, January 10, :15 AM Rosen, Scott (EOIR); Abbott, William L. (EOIR); Vandello, James (EOIR); Achtsam, Howard E. (EOIR) Soper, Emmett (EOIR); Pullen, Thomas (EOIR) RE: Stipulated Removal Orders High Scott (and All), I have reviewed the draft orders denying and approving the stipulated removal, as well as the request for the order and waiver of hearing documents. I am very pleased with the comprehensive nature of all of the documents. The inclusion of the 1-213, I believe is a very welcome addition as it contains background and history. The few recommended changes that I have follow: Regarding the draft orders denying and granting relief, I believe that language regarding the waiver of all relief under the act should be included. That is the language from paragraph 9 in the Request for Removal Order and Waiver of Hearing. Para 9 states, "I do not wish to apply for any relief from removal for which I may be eligible under the Immigration and Nationality Act or any other provision of law. This may include voluntary departure, adjustment of status, change of status, cancel of removal, and naturalization." Paragraph 8 waives asylum, withholding and CAT relief and the denial and grant order include language regarding that waiver. Therefore, I believe the order granting and denying the requested stipulated removal should include an additional provision that reads similar to the following: Granting "(7) a statement that the respondent does not wish to apply for any relief for which he or she is eligible under the Act, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization." Denying "_ or she is status, change of status, a statement that the respondent does not wish to apply for any relief for which he eligible under the Act, including voluntary departure, adjustment of cancellation of removal, registry, and naturalization." As a final recommendation, on the Stipulated Request for Removal Order and Waiver of Hearing, the request starts as follows" "1, _ make the following statement;" I recommend that that line be changed to the following: inclusion of "1, make the following statement and admissions;" I believe that admissions bolsters the strength of the request should it be subsequently judicially challenged. Once again I am very impressed with the comprehensive nature of the documents and heartily recommend the adoption of the documents with the aforementioned changes. Please let me know if need anything further! Sincerely, John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Wednesday, December 20, :36 PM

111 Cc: Hello Everyone, Abbott, William L. (EOIR); Vandello, James (EOIR); Davis, John (EOIR); Achtsam, Howard E. (EOIR) Soper, Emmett (EOIR); Pullen, Thomas (EOTR); Rosen, Scott (EOIR) Stipulated Removal Orders We appreciate you taking the time from your busy schedules to be on this stips committee. Attached for your review are two proposed OCIJ stipulated removal orders. (One order is for granting a stip; the other for denying it.) Also attached is the proposed DHS stipulation form. We are waiting for DHS to finalize their stip form so please keep a close hold on this material. Below are the comments on the DHS form that DOJ already forwarded to DHS. I thought it would be a good idea to start vetting this material early so that once the DHS stip form is final, we can move quickly if any finishing touches need to be made to the OCIJ orders. I would appreciate hearing from for you by Friday, January 12, Please copy Emmett Soper, an OCIJ attorney advisor, with any comments. Again, thanks for helping out with this. Scott (703) Comments forwarded to DHS - It is presumed that the DHS stp form will be published as a regular public-use form after clearance under the Paperwork Reduction Act. -In para 3 and para 3A, I think the word "attorney" should be revised to read "attorney or representative". -In para 9, the statement is worded in terms of not "wish[ing]" to apply for relief from removal for which the alien may be eligible. That seems like the wrong way to word this provision, because it ducks the issue of whether there is any reason the alien might BE eligible for relief from removal. I have no problem with the list of forms of relief that the alien would be waiving, but I wonder if it would be better to explain more clearly what the grounds of relief are and to provide some context to indicate why the alien would not be eligible. For example, by establishing that the alien does not have a claim of having been granted some status (e.g., TPS, asylee, refugee, LPR), and does not have immediate family members who are U.S. citizens or LPRs (which may be relevant for adjustment or for cancellation). There is nothing in this form equivalent to the "claimed status" review for expedited removal aliens who claim to be LPRs, asylees, refugees, etc. This current draft doesn't provide enough info for the alien to know what the various forms of relief mean and the alien is not given a chance to state any reasons why he or she might be eligible for such relief. In para 12, the draft states that the alien cannot return to the U.S. for "a minimum of ten years, and possibly forever, without special permission from the Attorney General." -- It is probably adequate to state that the period will be a minimum of ten years, and possibly "longer" rather than "forever". -- The reference to special permission from the Attorney General is confusing because the consent to reapply for admission under section 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) should be sought initially from DHS. The issue would not come before an IJ (i.e., before the Attorney General) unless the alien had failed to seek such permission (or had been denied) prior to returning the U.S. as they are supposed to do. Though some courts do allow such nunc pro tunc applications to an IJ, it would be clearly preferable to emphasize the importance of seeking permission from DHS. Thus, the provision should read something like "from the Secretary of Homeland Security or other authorized government official." - The reference in para 12 to "punishment of up to twenty years in prison" is potentially a bit misleading, since the 20-year term only applies to aggravated felons. It would probably be adequate to state that the punishment for aliens who reenter illegally "may result in incarceration in prison for up to 2 years (or in certain cases for up to 10 years or 20 years)." << File: Stipulated Removal Order Denied.wpd >> << File: Stipulated Removal Order Granted.wpd >> << File: Draft Stipulated Removal Package (JRK ).doc >>

112 Moutinho, Deborah (EOIR) Abbott, William L. (EOIR) Wednesday, January 03, :53 PM Rosen, Scott (EOIR) RE: Stipulated Removal Orders Dear Mr. Rosen, I have reviewed the proposed stipulation motion and have the following comments: Paragraph 12: I agree that the reference to the Attorney General is probably outdated since the creation of DHS. I recommend removal and replacement with a reference to the DHS Secretary, or better yet, to "United States Immigration Authorities." This generic reference would cover all the bases regardless of who actually handles the request for advance permission to re-enter. As to the threat of up to 20 years in prison for illegal re-entry, I think it should stay. While it is true that practically no one gets 20 eyars in prison, aggravated felon or not, the potential is there is some cases. I don't think its misleading and only detracts from the fact that prosecution and prison time are likely if the respondent returns illegally. I have the opportunity to see lots of respondents from Mexico and Central America who are advised of the consequences of illegal re-entry (done during my advisal regarding voluntary departure relief). I always mention that illegal re-entry after deportation is a felony with a possible prison sentence of up to twenty years. That almost always gets the attention of the respondents. If it convinces one person not to try illegal re-entry, then the threat has done its job. I don't think it is misleading to indicate the maximum sentence possible for this crime. Therefore, I would leave the threat in.. it cannot do any harm, and may actually disuade someone from illegal re-entry in the future. Other than those comments, I think your suggestions are fine, and the stipulation covers all the grounds needed for a pro-se and represented stipulation. Thank you for the opportunity to help out on this. We currently only process stipulations from represented respondents. Using this form for those who are pro se might work, especially on sec. 212(a)(6)(A)(i) cases. Lee Abbott, IJ El Paso Original Message----- Rosen, Scott (EOIR) Wednesday, December 20, :36 PM Abbott, William L (EOIR); Vandello, James (EOIR); Davis, John (EOTR); Achtsam, Howard E. (EOIR) Cc: Soper, Emmett (EOIR); Pullen, Thomas (EOIR); Rosen, Scott (EOIR) Stipulated Removal Orders Hello Everyone, We appreciate you taking the time from your busy schedules to be on this stips committee. Attached for your review are two proposed OCIJ stipulated removal orders. (One order is for granting a stip; the other for denying it.) Also attached is the proposed DHS stipulation form. We are waiting for DHS to finalize their stip form so please keep a close hold on this material. Below are the comments on the DHS form that DOJ already forwarded to DHS. I thought it would be a good idea to start vetting this material early so that once the DHS stip form is final, we can move quickly if any finishing touches need to be made to the OCIJ orders. I would appreciate hearing from for you by Friday, January 12, Please copy Emmett Soper, an OCIJ attorney advisor, with any comments. Again, thanks for helping out with this. Scott (703) Comments forwarded to DHS

113 - It is presumed that the DHS stip form will be published as a regular public-use form after clearance under the Paperwork Reduction Act. -In para 3 and para 3A, I think the word "attorney' should be revised to read "attorney or representative". -In para 9, the statement is worded in terms of not wishingng" to apply for relief from removal for which the alien may be eligible. That seems like the wrong way to word this provision, because it ducks the issue of whether there is any reason the alien might BE eligible for relief from removal. I have no problem with the list of forms of relief that the alien would be waiving, but I wonder if it would be better to explain more clearly what the grounds of relief are and to provide some context to indicate why the alien would not be eligible. For example, by establishing that the alien does not have a claim of having been granted some status (e.g., TPS, asylee, refugee, LPR), and does not have immediate family members who are U.S. citizens or LPRs (which may be relevant for adjustment or for cancellation). There is nothing in this form equivalent to the "claimed status" review for expedited removal aliens who claim to be LPRs, asylees, refugees, etc. This current draft doesn't provide enough info for the alien to know what the various forms of relief mean and the alien is not given a chance to state any reasons why he or she might be eligible for such relief. In para 12, the draft states that the alien cannot return to the U.S. for "a minimum of ten years, and possibly forever, without special permission from the Attorney General." -- It is probably adequate to state that the period will be a minimum of ten years, and possibly "longer" rather than "forever". -- The reference to special permission from the Attorney General is confusing because the consent to reapply for admission under section 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) should be sought initially from DHS. The issue would not come before an IJ (i.e., before the Attorney General) unless the alien had failed to seek such permission (or had been denied) prior to returning the U.S. as they are supposed to do. Though some courts do allow such nunc pro tunc applications to an IJ, it would be clearly preferable to emphasize the importance of seeking permission from DHS. Thus, the provision should read something like "from the Secretary of Homeland Security or other authorized government official." -- The reference in para 12 to "punishment of up to twenty years in prison" is potentially a bit misleading, since the 20-year term only applies to aggravated felons. It would probably be adequate to state that the punishment for aliens who reenter illegally "may result in incarceration in prison for up to 2 years (or in certain cases for up to 10 years or 20 years)." << File: Stipulated Removal Order Denied.wpd >> << File: Stipulated Removal Order Granted.wpd >> << File: Draft Stipulated Removal Package (JRK ).doc >>

114 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday. December 20, :36 PM Abbott, William L. (EOIR); Vandello, James (EOIR); Davis, John (EOIR); Achtsam, Howard E. (EOIR) Cc: Soper, Emmett (EOIR); Pullen, Thomas (EOIR); Rosen, Scott (EOIR) Stipulated Removal Orders Attachments: Hello Everyone, Stipulated Removal Order Denied.wpd; Stipulated Removal Order Granted.wpd; Draft Stipulated Removal Package (JRK ).doc We appreciate you taking the time from your busy schedules to be on this stips committee. Attached for your review are two proposed OCIJ stipulated removal orders. (One order is for granting a stip; the other for denying it.) Also attached is the proposed DHS stipulation form. We are waiting for DHS to finalize their stip form so please keep a close hold on this material. Below are the comments on the DHS form that DOJ already forwarded to DHS. I thought it would be a good idea to start vetting this material early so that once the DHS stip form is final, we can move quickly if any finishing touches need to be made to the OCIJ orders. I would appreciate hearing from for you by Friday, January 12, Please copy Emmett Soper, an OCIJ attorney advisor, with any comments. Again, thanks for helping out with this. Scott (703) Comments forwarded to DHS - It is presumed that the DHS stip form will be published as a regular public-use form after clearance under the Paperwork Reduction Act. -In para 3 and para 3A, I think the word "attorney' should be revised to read "attorney or representative". -In para 9, the statement is worded in terms of not "wish[ing]" to apply for relief from removal for which the alien may be eligible. That seems like the wrong way to word this provision, because it ducks the issue of whether there is any reason the alien might BE eligible for relief from removal. I have no problem with the list of forms of relief that the alien would be waiving, but I wonder if it would be better to explain more clearly what the grounds of relief are and to provide some context to indicate why the alien would not be eligible. For example, by establishing that the alien does not have a claim of having been granted some status (e.g., TPS, asylee, refugee, LPR), and does not have immediate family members who are U.S. citizens or LPRs (which may be relevant for adjustment or for cancellation). There is nothing in this form equivalent to the "claimed status" review for expedited removal aliens who claim to be LPRs, asylees, refugees, etc. This current draft doesn't provide enough info for the alien to know what the various forms of relief mean and the alien is not given a chance to state any reasons why he or she might be eligible for such relief. In para 12, the draft states that the alien cannot return to the U.S. for "a minimum of ten years, and possibly forever, without special permission from the Attorney General." -- It is probably adequate to state that the period will be a minimum of ten years, and possibly "longer" rather than "forever". -- The reference to special permission from the Attorney General is confusing because the consent to reapply for admission under section 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) should be sought initially from DHS. The issue would not come before an IJ (i.e., before the Attorney General) unless the alien had failed to seek such permission (or had been denied) prior to returning the U.S. as they are supposed to do. Though some courts do allow such nunc pro tunc applications to an IJ, it would be clearly preferable to emphasize the importance of seeking permission from DHS. Thus, the provision should read something like "from the Secretary of Homeland Security or other authorized government

115 official." -- The reference in pars 12 to "punishment of up to twenty years in prison" is potentially a bit misleading, since the 20-year term only applies to aggravated felons. It would probably be adequate to state that the punishment for aliens who reenter illegally "may result in incarceration in prison for up to 2 years (or in certain cases for up to 10 years or 20 years)." Stipulated Removal Stipulated Removal Draft Stipulated Order Denie... Order Grant... Removal Packa...

116 Moutinho, Deborah (EOIR) Attachments: Soper, Emmett (EOIR) Thursday, November 02, :25 PM Rosen, Scott (EOIR) FW: Stipulated Orders Stipulated Deporatation Order Denied.wpd; Stipulated Deportation Order Granted.wpd; Stipulated Removal Order Granted.wpd; Stipulated Removal Order Denied.wpd I'm sorry, I wasn't able to get to the other documents today. I'll be out of the office at a BIA conference tomorrow, but will get back to you Monday morning. Emmett Orlginal Message----- Soper, Emmett (EOIR) Thursday, November 02, :29 PM Rosen, Scott (EOIR) Stipulated Orders Here are the revised orders addressing stipulated requests for removal and deportation. As we discussed, former section 242B of the Act requires oral notice of consequences of failure to report for deportation. Please let me know if you have questions. I'll get back to regarding the other documents very soon. Emmett Stipulated Stipulated Stipulated Removal Stipulated Removal 'eporatation Order.eportation Order G. Order Grant... Order Denie...

117 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Monday, November 27, :16 PM Neal, David L. (EOIR) FW: stipulated removal orders Stipulated Removal Order Denied.wpd; Stipulated Removal Order Granted-wpd I asked John to review these for the BIA Original Message----- Rosen, Scott (EOIR) Sent Monday, November 27, :39 PM Guendelsberger, John (EOIR) stipulated removal orders John, Would you please take a look at these proposed stipulated removal orders. One is to be used for granting a request for a stipulated removal order; the other for denying a request. Scott StIpulated Removal Stipulated Removal Order Denie... Order Grant...

118 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of removability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent makes no application for asylum or other relief from removal under the INA. or protection under the Convention Against Torture; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an immigration judge; a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and

119 charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. The stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. The parties are not prohibited from submitting a subsequent request for a stipulated order of removal and waiver of hearing. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

120 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of removability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country: (6) a statement that the respondent makes no application for asylum or other relief from removal under the [NA, or protection under the Convention Against Torture; (7) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (8) a statement that the respondent waives the opportunity for a hearing before an immigration judge; (9) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (10) a waiver of appeal of the written order of removal; (11) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the

121 respondent's own language before the stipulation was signed by the respondent; and (12) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document.. _based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory.

122 CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [] RESPONDENT f ] RESPONDENT CIO CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

123 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Friday, November 17, :06 AM O'Malley, Brenda M. (EOIR); Smith, Gary (EOIR) RE: DHS/DOJ Meeting (Stewart Detention Center) Proposed stip removal orders have been drafted but not yet cleared Original Message----- O'Malley, Brenda M. (EOIR) Friday, November 17, :46 AM Smith, Gary (EOIR); Rosen, Scott (ECIR) RE: DHS/DOJ Meeting (Stewart Detention Center) Judge Smith: Scott Rosen is working that issue now. I do not believe that the EOIR forms will be launched anytime soon... I believe EOIR is going to wait for DHS to issue a companion form (a motion to be used when moving for stipulation) and that is in the works. - Brenda Original Message----- Smith, Gary (EOIR) Thursday, November 16, :48 PM O'Malley, Brenda M. (EOIR) FW: DHS/DOJ Meeting (Stewart Detention Center) Brenda, did DHS ever give us a concurrence on a format for stipulated removals? Original Message----- Jonathan.Rust@dhs.gov [mailto:jonathan.rust@dhs.gov] Thursday, November 16, :13 PM Long, Cynthia (EOIR); Terry.Bird@dhs.gov; Stephen.Redmon@dhs.gov; Princess.Gibson@dhs.gov; Alfredia.Owens@dhs.gov; JD.Thorp@dhs.gov Cc: Smith, Gary (EOIR); Odle, Scott (EOIR); Bucsa, Sorin (EOIR); Jovanovic, Zlatko (EOIR); dietra.wilson@stginternational.com; vance.laughlin@correctionscorps.com RE: DHS/DOJ Meeting (Stewart Detention Center) Cynthia, We also wanted to know how we could expidite the Stipulated Removals. Mention was made for DRO to enter data into ANSTR. Is this correct? I believe EOIR was going to provide additional guidance and information. ATL will begin accepting NTA cases from Miami, which may be condusive to stipulated removals, so if we can get the required guidance that would be helpful. Jonathan Rust Acting Field Office Director 77 Forsyth Street, SW Atlanta, GA (404) ext Original Message----- Cynthia.Long@usdoj.gov [mailto:cynthia.long@usdoj.gov) Tuesday, November 14, :17 PM 'jonathan.rust@dhs.gov'; 'terry.bird@dhs.gov'; 'stephen.redmon@dhs.gov'; 'princess.gibson@dhs.gov'; 'alfredia.owens@dhs.gov'; 'jd.thorp@dhs.gov'

124 Cc: DHS/DOJ Meeting (Stewart Detention Center) Good Morning, I wanted to take this opportunity to recap yesterday's meeting, so we are all on the same page, and if not we can discuss or correct any misconceptions: Meeting Attendees: Jonathan Rust- DRO Terry Bird - OCC Stephen Redmon - DRO Princess Gibson - DRO Alfredia Owens - OCC Cynthia Long - DOJ/EOIR JD Thorp - DRO Stewart Detention Center Immigration Court has operational VTC units in all four of the Atlanta Courtrooms and three units located on site at Stewart. The systems were installed and tested operational by EOIR employees. The Immigration Court will conduct a test run of the system with a DRO employee on 11/14/2006. An official training session of the following will be conducted on 11/27/2006, on site at Stewart Detention Center, for DRO detail staff and CCA officers: Use of the VTC equipment Use of Fax Machine Forms Required On-site Immigration Court requirements etc. In addition, it was established that the Master Hearings will continue to be conducted telephonically as long as there are varying locations that the Immigration Judge is required to call (i.e. Etowah, Perry, Tensas, Stewart, etc). This will alleviate confusion. DHS has stated that they wil,l over the next few weeks, implement populating the Stewart facility with detainees that either have pending NTAs or NTAs to be filed. This is in an attempt to alleviate master hearings at various locations, and ensure detainees are present and available at Stewart so all hearings (masters and merits) can be conducted via TeleVideo. Current Stewart detainees who are scheduled for merits hearings, do not have to be transported, their hearings can be conducted via TeleVideo. DHS will coordinate with the Immigration Court, so the court has prior notice of the detainees location. If there are any questions or concerns, please feel free to contact me via or at (404) Thanks, Cynthia Long Court Administrator U.S. Immigration Court Atlanta, Georgia

125

126 Moutinho, Deborah (EOIR) Keller, Mary Beth (EOIR) Monday, November 13, :15 AM Rosen, Scott (EOIR), Pullen, Thomas (EOIR); Neal, David L. (EOIR); O'Malley, Brenda M. (EOIR) RE: Stips We've gotten the green, i.e., if we want to set these groups up and invite a the union to name a rep, no problem. Not all the groups we might set up would require a union rep, but if they go over into working conditions, they might. So, if we are inclined to have the rep anyway, we are covered. I am talking to Denise Slavin on another topic today. Do you want me to raise and ask for a rep for this? mtk MaryBeth Keller General Counsel, EOIR 703/ Mary. Beth.Keller@usdoj.gov Original Message----- Rosen, Scott (EOIR) Monday, November 13, :52 AM Pullen, Thomas (EOIR); Neal, David L. (EOIR); Keller, Mary Beth (EOIR); O'Malley, Brenda M. (EO1R) Stips The stips for removal proceedings are attached. Once ELR gives the green light, we can set up the IJ stps working group. << File: Stipulated Removal Order Denied.wpd >> << File: Stipulated Removal Order Granted.wpd >>

127 Moutinho, Deborah (EOIR) Butler, Vicki A. (EOIR) Wednesday, October 25, :48 PM Neal, David L. (EOIR); Pullen, Thomas (EOIR); Keller, Mary Beth (EOIR); Rosen, Scott (EOIR); O'Malley, Brenda M. (EOIR) Availability - - Stipulated Removal Meeting Please let me know your availability to participate in a meeting the week of October 30, 2006, subject: Stipulated Removal. Thank you! Attendees: Acting Chief Judge Neal; Deputy Chief Judge Pullen; Mary Beth Keller; Scott Rosen; and Brenda O'Mailey.

128 Moutinho, Deborah (EOIR) Subject Keller, Mary Beth (EOIR) Wednesday, October 25, :10 PM Rosen, Scott (EOIR); Butler, Vicki A. (EOIR); Neal, David L. (EOIR); Pullen, Thomas (EOIR); O'Malley, Brenda M. (EOIR) RE: Availability - - Stipulated Removal Meeting Avail all week except Tues and Thurs after 3, and Friday. mtk MaryBeth Keiler General Counsel, EOIR 703/ Mary.Beth. Keller@usdoj-gov -----Original Message----- Rosen, Scott (EOIR) Wednesday, October 25, :07 PM Butler, Vicki A. (EOIR); Neal, David L (EOIR); Pullen, Thomas (EOIR); Keller, Mary Beth (EOIR); O'Malley, Brenda M. (EOIR) RE: Availability - - Stipulated Removal Meeting I am available any day except Thursday and Friday. I have JLC interviews scheduled on those days Original Message----- Butler, Vidd A. (EOIR) Wednesday, October 25, :48 PM Neal, David L. (EOIR); Pullen, Thomas (EOIR); Keller, Mary Beth (EOIR); Rosen, Scott (EOIR); OMalley, Brenda M. (EOIR) Availability - - Stipulated Removal Meeting Please let me know your availability to participate in a meeting the week of October 30, 2006, subject: Stipulated Removal. Thank you! Attendees: Acting Chief Judge Neal; Deputy Chief Judge Pullen; Mary Beth Keller; Scott Rosen; and Brenda O'Malley.

129 Moutinho, Deborah (EOIR) Subject- Keller, Mary Beth (EOIR) Wednesday, November 01, :40 PM Rosen, Scott (EOIR) RE: Stps bc the language will be a bit different, I thought? MaryBeth Keller General Counsel, EOIR 703/ Mary.Beth. Keller@usdoj.gov -----Original Message----- Rosen, Scott (EOIR) Wednesday, November 01, :37 PM Keller, Mary Beth (EOIR) Stps Why do we need a separate stp for deportation proceedings?

130 Moutinho, Deborah (EOIR) -Attachments: Soper, Emmett (EOIR) Thursday, November 02, :29 PM Rosen, Scott (EOIR) Stipulated Orders Stipulated Deporatation Order Denied.wpd; Stipulated Deportation Order Granted.wpd; Stipulated Removal Order Granted.wpd; Stipulated Removal Order Deniedwpd Here are the revised orders addressing stipulated requests for removal and deportation. As we discussed, former section 242B of the Act requires oral notice of consequences of failure to report for deportation. Please let me know if you have questions. I'll get back to regarding the other documents very soon. Emmett StIpulated Stipulated Stipulated Removal Stipulated Removal leporatation Order deportationn Order G. Order Grant... Order Denie...

131 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX [N DEPORTATION PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a deportation order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation: a concession of deportability as charged; a designation of a country for deportation under section 243(a) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if deported to the designated country; a statement that the respondent makes no application for asylum or other relief from deportation under the INA. or protection under the Convention Against Torture; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an immigration judge;

132 a statement that the respondent will accept a written order for his or her deportation as a final disposition of the proceedings; a waiver of appeal of the written order of deportation; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of deportation, and that the respondent enters the request voluntarily. The stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a deportation order and waiver of hearing is hereby denied without prejudice. The parties are not prohibited from submitting a subsequent request for a stipulated order of deportation and waiver of hearing. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

133 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN DEPORTATION PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a deportation order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability as charged; (4) a designation of a country for deportation under section 243(a) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if deported to the designated country; (6) a statement that the respondent makes no application for asylum or other relief from deportation under the Immigration and Nationality Act ("INA"), or protection under the Convention Against Torture; (7) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (8) a statement that the respondent waives the opportunity for a hearing before an immigration judge: (9) a statement that the respondent will accept a written order for his or her deportation as a final disposition of the proceedings; (10) a waiver of appeal of the written order of deportation; (11) an acknowledgment that the stipulation and the factual allegations and

134 charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (12) a statement that the respondent understands the consequences of the stipulated request for an order of deportation, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of deportation, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent deportable from the United States as charged. Accordingly, the stipulated request for a deportation order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be deported from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of deportation is entered who fails, other than because of exceptional circumstances, to appear for deportation at the time and place ordered shall not be eligible for certain forms of relief under the INA for a period of five years after the date the alien was required to appear for deportation. The term "exceptional circumstances" refers to exceptional circumstances (such as the serious illness of the alien or death of an immediate relative of the alien, but not including less compelling circumstances) beyond the control of the alien. The forms of relief from deportation for which an alien will become ineligible are voluntary departure under section 242(b) of the INA, suspension of deportation or voluntary departure under section 244(e) of the INA, and adjustment of status or change of status under sections 245, 248 or 249 of the INA. WARNING: An alien who has been deported or removed, or has departed from the

135 United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

136 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of removability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; (6) a statement that the respondent makes no application for asylum or other relief from removal under the INA, or protection under the Convention Against Torture; (7) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (8) a statement that the respondent waives the opportunity for a hearing before an immigration judge; (9) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (10) a waiver of appeal of the written order of removal; (11) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the

137 respondent's own language before the stipulation was signed by the respondent; and (12) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation. exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory.

138 CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

139 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 901 NORTH STUART STREET ARLINGTON, VA In the Matter of: (Name) Respondent File No: A XX-XXX-XXX [N REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation: a concession of removability or inadmissibility as charged; a designation of a.country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country: a statement that the respondent makes no application for asylum or other relief from removal under the INA, or protection under the Convention Against Torture; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an immigration judge; a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and

140 . charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. The stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. The parties are not prohibited from submitting a subsequent request for a stipulated order of removal and waiver of hearing. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ J RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

141 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Monday, October 16, :03 PM O'Malley, Brenda M. (EOIR) OGC Script for stipulated Removal video Brenda, I noticed that on 8/14 you circulated Steve Lang's draft script in which he inserted additional language regarding stipulated removals. Were there any comments? Scott

142 Moutinho, Deborah (EOIR) O'Malley, Brenda M. (EOIR) Monday, October 16,2006 1:16 PM Rosen, Scott (EOIR) RE: OGC Script for stipulated Removal video Judge Neal read the script on a train to Newark. When I asked him if he had any comments, he said he did. I need to follow-up. --Oginal Message----- Rosen, Scott (EOIR) Monday, October 16, :03 PM O'Malley, Brenda M. (EOIR) OGC Script for stipulated Removal video Brenda, I noticed that on 8/14 you circulated Steve Lang's draft script in which he inserted additional language regarding stipulated removals. Were there any comments? Scott

143 Moutinho, Deborah (EOIR) Keller, Mary Beth (EOIR) Tuesday, October 03, :07 PM Rosen, Scott (EOIR) FW: stipulated removal orders MaryBeth Keller General Counsel, EOIR 703/ Original Message----- Fmm: Jones, Kevin R Thursday, July 06, :24 PM Keller, Mary Beth (EOIR) RE: stipulated removal orders Thanks. Fmm: Cc: Keller, Mary Beth (EOIR) Thursday, July 06, :04 PM ]ones, Kevin R Neal, David L. (EOIR) stipulated removal orders Kevin, Wanted to bring you up to speed on where we are with these. We provided our draft orders to OIL (Jon) last week and got some minor suggestions back from Dave Kline, which we are currently reviewing and incorporating. We have also shared the draft orders with ICE, they are currently reviewing and we expect comments from them on Monday. Given that we may make some changes pursuant to the OIL comments, I will forward the drafts to you once that is accomplished, and to ICE as well so that they and you will be looking at the most recent drafts. I expect we will have them early tomorrow morning. We understand that DHS is working on their own standardized forms for this purpose, but those have not been shared with us yet. mtk MaryBeth Keller General Counsel, EOIR 703/ Mary.Beth.Keller@usdoj.gov

144 Moutinho, Deborah (EOIR) Attachments: Lang, Steven (EOIR) Friday, June 16, :49 PM Rosen, Scott (EOIR) FW: Options for encouraging acceptance of stipulated removal Stip DVD-wpd SUp DVD.wpd FYI Steven Lang Legal Access Program Office of General Counsel Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2600 Falls Church, Virginia Tel (703) Fax (703) Original Message----- Lang, Steven (EOIR) Friday, June 16, :35 PM Keller, Mary Beth (EOIR); Chapman, Kevin (EOIR); Nimick, Lockhart (EOIR) Options for encouraging acceptance of stipulated removal Hello MaryBeth, Kevin, and Locky, Please take a look at the attached memo entitled "Options for Improving Immigration Judge Acceptance of Requests for Orders of Stipulated Removal by Detained Aliens without Counsel", which reviews use of LOP and creation of taped materials (DVD). While not mentioned in the memo, I have had several off the record discussions with judges whom I'd consider "on the fence" regarding whether or not accept such requests. All told me that access to either the LOP (1st choice) or a special DVD presentation with accompanying written materials (2nd but acceptable choice) would make the difference in their decisions. Please forward as you see appropriate to Judges Neal and Pullen. Thanks, Steve

145 U.S. Department of Justice Executive Office for Immigration Review Office of General Counsel Legal Access Counsel 5107 Leesburg Pile Suite 2600 Falls Church. Virgenia June 16, 2006 MEMORANDUM TO: FROM: SUBJECT: MaryBeth Keller Kevin Chapman Locky Nimick Steven Lang Options for Improving Immigration Judge Acceptance of Requests for Orders of Stipulated Removal by Detained Aliens without Counsel In follow up to our meeting last week regarding requests for stipulated orders of removal submitted for unrepresented detained aliens, please review the following options developed by this office for increasing their acceptance by immigration judges. In compliance with 8 CFR (b), to enter a stipulated order of removal, an immigration judge must determine that the unrepresented alien's waiver is "voluntary. knowing, and intelligent." The options below focus on providing credible and comprehensible legal information to certain detained aliens, considered candidates for the procedure, prior to being presented with the request (or motion) for their signature. As much as possible, these options are designed to allay an immigration judge's concerns regarding the alien's understanding of the waiver. 1. The Legal Orientation Program (LOP) EOIR administers LOP contracts at six large detention facilities across the country. Four of these sites - Port Isabel and El Paso, Texas; Eloy, Arizona; and Lancaster, California - are within close proximity to the Mexican border, Together with the remaining two sites - Aurora, Colorado, and Tacoma. Washington - facilities served by LOP programs account for close to 25% of the nation's detained caseload in the immigration courts. Currently, all aliens detained at the Port Isabel detention facility have access to the LOP within hours of their arrival. Consequently, all detained aliens being considered for 'stipulated removal' may have access to group orientations and individual orientations (one-onone meetings with presenters) prior to making such requests. The LOP presentation may thus

146 provide an important safety net to those confused by the process, and can help avoid the possible filing of subsequent "Motions to Reopen" or other legal actions. The other five LOP sites can, with reasonable modifications made in cooperation with ICE, accommodate newly-arrived aliens in a similar manner to Port Isabel. The LOP is set to expand to an additional six sites by this Fall. Potential sites include San Diego and San Pedro, California; Houston, Texas; and York, Pennsylvania. This expansion could potentially reach another 15-20% of detained aliens in proceedings. Likewise, these programs could provide orientations to newly-arrived aliens which review their rights and responsibilities prior to their consideration of a request for stipulated removal. For those sites not funded through the LOP, potential exists to coordinate with local nonprofit legal agencies to provide similar presentations to newly-arrived aliens prior to their consideration of stipulated removal. Despite the apprehension that many of these agencies have regarding the process, most would prefer detained aliens to have as much understanding as possible in making the decision to waive their rights to a hearing. A well-coordinated outreach effort, together with ICE cooperation, could yield tangible benefits for all involved. LOP at present: LOP by Fall 2006: Level of coverage: 6 facilities, covering approx. 25% of all detained respondents 12 facilities, covering approx. 40% of all detained respondents (*coverage will decrease as available detention space increases) All detainees have access to group and individual orientations, including Q&A. 2. Taped & Written Self-Help Material For sites not served with legal orientation programs or similar efforts, taped presentations (on DVD or video), together with accompanying written materials, could provide easy to comprehend legal information to detainees, and assist those considering stipulated removal. There are two ways this may be done. A. VideolDVD and handout specifically for Stipulated Removal Candidates The LOP could develop and produce a new video/dvd and written handout specifically geared for stipulated removal candidates, and arrange with ICE to present the video/dvd to all detained aliens prior to any requests being submitted. Close to all detention facilities used by ICE have equipment to show videos or DVDs, and many currently show similar videos to new arrivals, such as the Florence "Know Your Rights" video (see below), as well as other taped materials covering detention facility rules. Pursuing this option, the LOP would develop a script (a draft has already been produced) in collaboration with our contractor, the Vera Institute of Justice and their partners (local nonprofit agency subcontractors). These agencies have the requisite legal, educational and communicative skills to design a presentation most comprehendible by the target group. The

147 Vera Institute has a strong background in producing other taped materials designed for immigrant groups, and could be relied up to create an effective product. Estimated length: Estimate cost: Estimate production time: Level of coverage: 25 minutes $20,000 2 months Nationwide, but lacking Q&A and not verifiable by non- ICE personnel. B. Updating the Current Florence "Know Your Rights" Video Work on updating the current version of the Florence "Know Your Rights" video (KYR video), originally produced by the Florence Immigrant and Refugee Rights Project in 1998, has been underway since early However, issues regarding continued fiscal year funding, delay at the DOJ Multimedia department (the same component that produced the Immigration Judge Training DVD) and discrepancies in the revised script have slowed progress. DOJ Multimedia recently notified this office, though, that they currently have a lull in their workload and could start on the needed production/editing work as soon as funding is authorized. However, while the KYR video is comprehensive and useful for the vast majority of detained aliens (to whom it is currently being regularly shown), the material is not specifically targeted to detained aliens considering a request for stipulated removal. In order to cover the breadth of immigration laws and procedures encountered by all detained aliens, much of the KYR video contains information of little of no use (if not further confusing) to those in the target group. Estimated length: Estimate cost: Estimate production time: Level of coverage: 45 minutes $20,000 2 months Nationwide and very comprehensive, but potentially confusing, lacking Q&A. and not verifiable by non- ICE personnel.

148 Moutinho, Deborah (EOIR) Rosen, Scott Thursday, December 11, :16 PM RE: Strategic and Business Plans Tuesday at 9:30 it is Original Message Thursday, December 11, :55 PM Adkins-Blanch, Chuck; Cc: Chapman, Kevin; Rosen, Scott Re: Strategic and Business Plans I have us on tuesday not monday. Sent from my BlackBerry Wireless Handheld Original Message----- Chuck.Adkins-Blanch@usdoj.gov <Chuck.Adkins-Blanch@usdoj.gov> 'david.venturella@dhs.gov' <david.venturella@dhs.gov>; 'Barry.O'Melinn@dhs.gov' <Barry.O'Melinn@dhs.gov> CC: Scott.Rosen@usdoj.gov <Scott.Rosen@usdoj.gov>; Kevin.Chapman4@usdoj.gov <Kevin.Chapman4@usdoj.gov> Thu Dec 11 13:39: RE: Strategic and Business Plans David/Barry- Thanks again for the issues list and the documentation. Below is a heads up on some things we would be interested in discussing on Monday. 1. Any specific heads up you can give us regarding new populations of detainees that would be appearing in particular courts 2. Relocation/consolidation of detention centers--particularly where there are no courts (e.g. OCIJ received a proposal from Mr. McElroy to eliminate Jamaica and Elizabeth det. centers and create new center on Riker's Island) 3. Status of IHP program (we had heard that there was no/less funding for investigators to go to the prisons, so that now these cases have to wait until they are in DHS custody) Thanks. Looking forward to see you guys on Monday. The two of you and Victor are confirmed to attend, right? -Chuck P.S. Sorry, I haven't had any luck locating more guest parking for you. Did you know that (I know that you know, Barry!), in addition to the lot in front of our building, there is also the visitor lot behind Skyline Buildings 1,2, and 3? It is a bit of a walk, but better than being on the street! Original Message----- david.venturella@dhs.gov [mailto:david.venturella@dhs.gov] Tuesday, December 09, :34 AM Adkins-Blanch, Chuck; Barry.O'Melinn@dhs.gov RE: Strategic and Business Plans I thought we were still meeting?

149 David J. Venturella Assistant Director Office of Detention and Removal Operations Original Message----- O'Melinn, Barry C Tuesday, December 09, :22 AM Venturella, David J; 'Chuck.Adkins-Blanch@usdoj.gov' Re: Strategic and Business Plans Fyi the asa rooney meet is off until jan Sent from my BlackBerry Wireless Handheld Original Message----- Venturella, David J <DVenture@fins2.dhs.gov> 'chuck.adkins-blanch@usdoj.gov' <chuck.adkins-blanch@usdoj.gov> CC: O'Melinn, Barry C <BoMelinn@fins2.dhs.gov> Mon Dec 08 14:33: FW: Strategic and Business Plans Chuck, In advance of our meeting on 12/16, I wanted to provide you with our ten year strategic plan and our five year business plans which support the strategy. If time permits, we will also raise the following issues: v/r V-tel Stipulated removals Expansion of the Hartford Pilot Intensive Supervision Appearance Program David J. Venturella Assistant Director Office of Detention and Removal Operations Original Message----- Kliska, Jennifer Monday, December 08, :13 PM Venturella, David J Cc: Andrzejewski, John J Strategic and Business Plans Per request from John Andrzejewski, attached are the strategic plan and business plan. The business plan was written in separate chapter files with one overview file.

150 I FW: Stipulated Order of Removal Page 1 ofi I Moutinho, Deborah (EQIR) Rosen, Scott (EOIR) Thursday, March 01, :17 AM Gipe, Bruce (EOIR) Cc: Osuna, Juan (EOIR) RE: Stipulated Order of Removal Attachments: Stipulated Removal Order Denied wpd.wpd; Stipulated Removal Order Granted wpd.wpd Thanks, Bruce. We are going to use the orders I previously sent you that OCIJ drafted. They are attached. Again, please feel free to comment on these orders. Scott Original Message----- Gipe, Bruce (EOIR) Thursday, March 01, :06 AM Rosen, Scott (EOIR) Cc: Osuna, Juan (EOIR) RE: Stipulated Order of Removal Hi Scott, A couple of comments: On page 2 of the Request, I think it should read: "I choose not to be represented by an attorney or other qualified representative...." I think you can delete "person to" from the sentence. On the decision and order - because the person can be removable based on one more more charges you might want to change it to read as follows: "Based upon the Respondent's admissions, the charge[s] of removal is/are sustained... If you do that the actual ORDER should be changed to read "the Respondent may be removed from the United States to on the charge[s] contained... Hope that helps. Thanks, Bruce Original Message----- Rosen, Scott (EOIR) Wednesday, February 28, :24 AM Gipe, Bruce (EOIR) Cc: Osuna, Juan (EOIR) FW: Stipulated Order of Removal The Board is welcome to send me comments on the latest DHS stip form Original Message /27/2009

151 L UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

152 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

153 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written: (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal;

154 (12) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's

155 reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ ] TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

156 Re: Stipulated Order of Removal Page 1 of 2 Moutinho, Deborah (EOIR) Cc: Rosen, Scott (EOIR) Thursday, March 01, :49 AM 'Ragsdale, Daniel H' O'Melinn, Barry C; Rogers, Andrea R; Ward, George J RE: Stipulated Order of Removal Dan, Great! I'm also going to include Dave Kline at OIL. Scott -----Original Message----- Ragsdale, Daniel H (mailto:daniel.h.ragsdale@dhs.gov] Wednesday, February 28, :15 AM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C; Rogers, Andrea R; Ward, George 3 Re: Stipulated Order of Removal Scott: Fine with me. Dan Sent from my Blackberry Wireless Original Message----- Rosen, Scott (EOIR) Ragsdale, Daniel H CC: O'Melinn, Bany C; Rogers, Andrea R Wed Feb 28 05:54: RE: Stipulated Order of Removal Okay to share with Kevin Jones at OLP? Original Message----- Ragsdale, Daniel H [mailto:daniel.hragsdale(aidhs.gov] Tuesday. February 27, :36 PM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C: Rogers, Andrea R FW: Stipulated Order of Removal Stuart: Here are the latest proposed forms from ICE. I think we need another round of comments. The Spanish needs review. Dan Dan Ragsdale Chief - Enforcement Law Division 4/27/2009

157 Re: Stipulated Order of Removal Page 2 of 2 U.S. Immigration and Customs Enforcement (202) Ward, George J Tuesday, February 27, :38 PM Ragsdale, Daniel H Stipulated Order of Removal Dan, here are the forms. Bill 0 has sent is final comments and they are incorporated. The Spanish translations would still need to be done and certified after we have a final version. <<Draft Stipulated Removal Package (JRK ) (2) (3).doc>> George J. Ward, Jr. Associate Legal Advisor Enforcement Law Division U.S. Department of Homeland Security U.S. Immigration & Customs Enforcement Phone I 19 /Fax /27/2009

158 Out of Office AutoReply: Stipulated Order of Removal Page 1 of I Moutinho, Deborah (EQIR) Ragsdale, Daniel H [daniel.h.ragsdale@dhs.gov] Wednesday, February 28, :54 AM Rosen, Scott (EOIR) Out of Office AutoReply: Stipulated Order of Removal I will be out of the office beginning Monday, February returning Friday, March 2, I will have limited access to during this period. If you need assistance before I return, please contact Acting ELD Chief Andrea Rogers at Thanks. 4/27/2009

159 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday, February 28, :03 AM Lang, Steven (EOIR) RE: stipulated removals Let me know what you cannot make out Original Message----- Lang, Steven (EOIR) Wednesday, February 28, :44 AM Rosen, Scott (EQIR) RE: stipulated removals Almost every one (that I could make out) Original Message- Rosen, Scott (EOIR) Wednesday, February 28, :38 AM Lang, Steven (EOIR) RE: stipulated removals Okay. if you agree with the edits Original Message----- Lang, Steven (EOIR) Wednesday, February 28, :34 AM Rosen, Scott (EOIR) RE: stipulated removals No problem. I can incorporate the two edited versions you passed to me into a new draft and send this to you. - Steve Original Message----- Rosen, Scott (EOIR) Sent* Wednesday, February 28, :15 AM Lang, Steven (EOIR) RE: stipulated removals Regrettably, something has come up so I cannot do it today Original Message----- Hi Scott, Lang, Steven (EGIR) Wednesday, February 28, :13 AM Rosen, Scott (EOIR) RE: stipulated removals Let me know when you can discuss today. Tanks, Steve -----Original Message----- Rosen, Scott (EOIR) Tuesday, February 27, :17 PM Lang, Steven (EOIR) FW: stipulated removals Steve - The draft stip orders are attached. When do you want to meet on the script? Scott

160 << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Removal Order Denied wpd.wpd >>

161 Moutinho, Deborah (EOIR) Lang, Steven (EOIR) Wednesday, February 28, :44 AM Rosen, Scott (EOIR) RE: stipulated removals Almost every one (that I could make out) ----Original Message ---- Rosen, Scott (EOIR) Wednesday, February 28, :38 AM Lang, Steven (EOIR) Rf: stipulated removals Okay... if you agree with the edits Original Message----- Lang, Steven (EOIR) Wednesday, February 28, :34 AM Rosen, Scott (EOIR) RE: stipulated removals No problem. I can incorporate the two edited versions you passed to me into a new draft and send this to you. - Steve Original Message-- Rosen, Scott (EOIR) Wednesday, February 28, :15 AM Lang, Steven (EOIR) RE: stipulated removals Regrettably, something has come up so I cannot do it today Original Message---- Lang, Steven (EQIR) Wednesday, February 28, :13 AM Rosen, Scott (EOIR) RE: stipulated removals Hi Scott, Let me know when you can discuss today. Tanks, Steve -Original Message----- Rosen, Scott (EOIR) Tuesday, February 27, :17 PM Lang, Steven (EOIR) FW: stipulated removals Steve - The draft stip orders are attached. When do you want to meet on the script? Scott << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Removal Order Denied wpd.wpd >>

162 Moutinho, Deborah (EOIR) Lang, Steven (EOIR) Wednesday, February 28, :34 AM Rosen, Scott (EOIR) RE: stipulated removals No problem. I can incorporate the two edited versions you passed to me into a new draft and send this to you. - Steve Original Message----- Rosen, Scott (EOIR) Wednesday, February 28, :15 AM Lang, Steven (EOIR) Sulject: RE: stipulated removals Regrettably, something has come up so I cannot do it today Original Message----- Lang, Steven (EOIR) Wednesday, February 28, :13 AM Rosen, Scott (EOIR) RE: stipulated removals Hi Scott, Let me know when you can discuss today. Tanks, Steve -----Original Message----- Rosen, Scott (EOIR) Tuesday, February 27, :17 PM Lang, Steven (EOIR) FW: stipulated removals Steve - The draft stip orders are attached. When do you want to meet on the script? Scott << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Removal Order Denied wpd.wpd >>

163 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday, February 28, :38 AM Lang, Steven (EOIR) RE: stipulated removals Okay... if you agree with the edits Oiginal Message----- Lang, Steven (EOIR) Wednesday, February 28, :34 AM Rosen, Scott (EOIR) RE: stipulated removals No problem. I can incorporate the two edited versions you passed to me into a new draft and send this to you. - Steve -----Original Message----- Rosen, Scott (EOIR) Sent Wednesday, February 28, :15 AM Lang, Steven (EOIR) RE: stipulated removals Regrettably, something has come up so I cannot do it today Original Message----- Lang, Steven (EOIR) Wednesday, February 28, :13 AM Rosen, Scott (EOIR) RE: stipulated removals Hi Scott, Let me know when you can discuss today. Tanks, Steve Original Message---- Rosen, Scott (EOIR) Tuesday, February 27, :17 PM Lang, Steven (EOIR) FW: stipulated removals Steve - The draft stip orders are attached. When do you want to meet on the script? Scott << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Removal Order Denied wpd.wpd >>

164 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday, February 28, :15 AM Lang, Steven (EOIR) RE: stipulated removals Regrettably, something has come up so I cannot do it today Original Message----- Lang, Steven (EOR) Wednesday, February 28, :13 AM Rosen, Scott (EOIR) RE: stipulated removals Hi Scott, Let me know when you can discuss today. Tanks, Steve -Oiginal Message----- Rosen, Scott (EOIR) Sent Tuesday, February 27, :17 PM Lang, Steven (EOIR) FW: stipulated removals Steve - The draft stip orders are attached. When do you want to meet on the script? Scott << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Removal Order Denied wpd.wpd >>

165 Moutinho, Deborah (EOIR) Lang, Steven (EOIR) Wednesday, February 28, :13 AM Rosen, Scott (EOIR) RE: stipulated removals Hi Scott, Let me know when you can discuss today. Tanks, Steve -----Original Message----- Rosen, Scott (EOIR) Tuesday, February 27, :17 PM Lang, Steven (EOIR) FW: stipulated removals Steve - The draft stip orders are attached. When do you want to meet on the script? Scott << File: Stipulated Removal Order Granted wpd.wpd >> << File: Stipulated Removal Order Denied wpdcwpd >>

166 I FW: Stipulated Order of Removal Page 1 of I Moutinho, Deborah (EOIR) Ragsdale, Daniel H [daniel.h.ragsdale@dhs.gov] Tuesday, February 27, :36 PM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C; Rogers, Andrea R FW: Stipulated Order of Removal Attachments: Draft Stipulated Removal Package (JRK ) (2)(3).doc Stuart: Here are the latest proposed forms from ICE. I think we need another round of comments. The Spanish needs review. Dan Dan Ragsdale Chief - Enforcement Law Division U.S. Immigration and Customs Enforcement (202) Ward, George 3 Tuesday, February 27, :38 PM Ragsdale, Daniel H Stipulated Order of Removal Dan, here are the forms. Bill 0 has sent is final contents and they are incorporated. The Spanish translations would still need to be done and certified after we have a final version. <<Draft Stipulated Removal Package (JRK ) (2) (3).doc>> George J. Ward, Jr. Associate Legal Advisor Enforcement Law Division U.S. Department of Homeland Security U.S. Immigration & Customs Enforcement Phone /Fax /27/2009

167 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE IN THE MATTER OF File: A RESPONDENT IN REMOVAL PROqDINGS REQUEST FOR STIPULA TED ORDER OF REMOVAL'. AND WAIVI D nr T ADT ' :1~ '11 1 UjjfltViiPJ U.S. Immigration and Customs Enforcement ("ICE")- zspectfully requests that the Court enter an order of removal in this matter based on.the attached stipplation. See INA 240(d); 8 C.F.R (b) (2006). ICE requests that the order be issued "without a hearing and in the absence of the parties," as provided in 8 C.F.R (b). Both parties wish to waive appeal. CONTENTS 1. Stipulated Request for Removal Order and Waiver of Hearing. Form 1-862, Notice to Appear List of Free Legal Services Providers. 4. Form 1213, Record of Deportable/Inadmissible Alien. Page 1 of 7

168 _ Request for Stipulated Order of Removal and Waiver of Hearing File No. A I,, make the following statements and admissions: 1. I am at least 18 years of age. Tengo por lono menos de 18 hanos de edad., hago las sconfesiones y eslos siguiente declaracion: 2. I have received a copy of the Notice to Appear ("NTA") dated. which contains my full, true, and correct name. The allegations and charges on the NTA havp bn read to me in a language that I understand. He recibido una copia I Aviso de Comparecencialas Noticia de Apqrtni T.4 ")fechada ella cual.la NTA contiene mi nombre en fora compl orrecto y verdaderootos, y correct. Las alegaciones y los cargoslas cargas en el NTkne han sido a mi en un idioma que entiendo. 3. I have been advised of my priviege to be represented by an attorney or other qualifhwi souito represent aliens in immigration proceedings of my choice, aty Ow expensduring these proceed s I have also received a List of Free Legal Services Providers. He sido aconsejadoavisado sobre mi derecho a ser doduranti este procedmientorepresentacion por an abogado de mi dn, y cuvos gastos.correran a mi cargo Egtccion a cost propio durante este procedimiento. Tambien he recibido und.la de Proveedores de V.iwios Qratuitos de Asistencia Legal Sin Costo. (Circle "A" or "B.") [translation] A. I choose not :tc. borpresented by an attorneyy or other qualified person to representative and choose toltpresent rinelf in these proceedings. RYo renundo. voluntakamente a mi dereho a ser drepresentacion por un abogado. destos srepresentare ql m e e procedintiento. (orl.) B. I am represanted m this tir by an attorney or accredited representative whose EOIR-28 is attached. _soy representad- en este asuntocaso por un abogado a representante acreditado cavo EOIR-28 dinirtidoesta concrtado. 4. I have been advised that by signing this request, I will be giving up the following legal rights that I would have in a hearing 66ibre an immigration judge: a) the right to question witnesses, and call witnesses on my behalf, b) the right to otter and to object to evidence, and c) the right to require the government to prove my removablity. I waive these rights. I do not want to appear and have a hearing before an immigration judge, and I request that the immigration judge issue an order based solely on the written record. He sido avisado que alren firmando esta 6dpeticion estate abandonando, cedando, renunciando voluntariamente a los siguientes derechos legales a los cuales hubiera tenidotendre derecho en an audiencia delante de unjuez de n6imigracion. Initials: Page 2 of 7

169 Request for Stipulated Order of Removal and Waiver of Hearing File No. A a) el derecho a interrogar testigos, b) el derecho a ofrecer y objetar so evidenciay y c) el derecho a requerir que el gobierno compruebe el motivo de mi deportacidnexpulsabilidad Yo renuncio a estos derechos. No deseoquiero una audiencia antecon unjuez de ndimigracion, y pido que eljuez de naa imigracion emite un orden asicenbasado uniquamente el registrooel acta escrita 5. 1 admit that all of the factual allegations contained in the NTA are true and correct. I also agree that I am removable as charged on the NTA. Admito que todos los alegatos contenidosde echo preciso contenidad. Tambidn ey correctos. Estoy de acuerdo que, conforme a lo asent NTA,, estoy sujeto a ser deportado.. NTA son correctos y verdaderos usable como contenido en la 6. I choose as the country designated fo removal.. Eligo a comb el pais designado para ser deportadopor expucion. 7. I have no fear of being harmed if I return to.... No creo que riseria perseguido, lastimadohecho daio, a urtor4aado si oregrese a. 8. I do not wish to apply for asylum, withlding of removal, or protection under the Convention Against Torture... No deseosolicitarquiero poner solicitud por mlo polinti ifnldenreteniendo de deportaci6nla expulsion, o la proteceidn bajo la Convenci6n Contra la Torturael TortM iifi 9. I do not wish to apply for any relief from removal available under the Immigration and Nationality Act including volutry departure, adjisment of status, change of status, cancellation of removal, registry, and naturalization. deseo ningun.legal que pe"dole ml deportacidn y, al cual, bajo la ley de Inmigracion y Naturalizacidn o cual.er <wa. tpulacion leal, podria tener derechono quiero pones solicitud por cualquier recurso al ezpulcion por el cua podre ser eligible bajo la lev de Imnigracion y Naturalizacion o cualquier otro provision de ley. T tfacurso iapodre.incluir salidadespedida voluntaria, ajuste dosn mi estado legal inttgratoriodiajusto de deportacdstatus, cambio de estatus. cancelacion de expulcion, registro, y idndulizacion 10. I hereby *%wtarily concede and acknowledge that I am not a citizen of the United States. I further voluntarily concede and acknowledge that my parents are not citizens of the United States and therefore, I do not derive nay citizenship benefits from my parents. My parents are citizens of_. No tengo y no hare ringfin reclamo de ciudadanla Americana. 11. I understand and agree that this written statement will be made part of the record for the immigration judge to review. I also understand and agree that the government's Form and any court records relating to criminal convictions listed in the NTA may be made part of the record. EYo entiendo y estoy de acuerdo en que esta 6declaracion escrita dformaraparte del registro que serdacta revisado por el juez denbdimigracion. Tambien entiendo y estey de acuerdo enque, la Forma y cualquier otro registros del tribunal respectoque relocionan a conicciones criminates ylistado en el NAT4,, puede formarser hecho parte I mismo registrode la acta. Initials: Page 3 of 7

170 Request for Stipulated Order of Removal and Waiver of Hearing File No. A understand that I would have had the right to appeal the immigration judge's decision but I agree that I will accept a written order for my removal as a final disposition of these proceedings. I do not wish to appeal the order of the immigration judge. Entiendo y estoy de acuerdo en que daacceptare un orden aescrito para mi deportacidn. laexpulcion, cual constituiralaborden serial disposicion final de os seste procedimiento. No deseo quiero apelar lael orden al escrito dejue: dendimigracion. 13. (Circle "A" or "B.") [translation] (A) (B) I am not a lawful permanent resident; or I am a lawful permanent resident and understand that I will;lcse this lawful permanent resident status. [Translation] 14. I understand that, depending upon the facts and circumstances of my case, I c turn to the United States for a minimum of ten years, and possibly forever, without special pernissi $ivn the Attorney General of the United States. I also understand that returning without proper permiss l'i'tould result in being removed again and/or being prosecuted for illegal.reentry which may result in p shment of up to twenty years in prison. E, Yo entiendo que dependiendo de as circunstanciaslos echos peiasos y hechoscircumstancias de mi caso,. no oriregresarpuedo volver a las Est&as: 4nidos por un per :...mtiempo minimo de diez ioanos, posiblemente nunc. para siempre, sin n pinfso especial de la Mwwdor General de los Estados Unidos. dtambien entiendo que si regresovuelvo sin 41.permiso apr* do,tconveniente que podre ser deportado yo enjuiciadoprosecutado por entrar nue'qmo M.man era ilegalde nuevo ilegalmente, lo cual puede resultar en un castigo de hasta veinte Rdgidatnos en prhm. 15. I have read this written statinkent or it has been read to me in a language that I understand. I fully understand what i Says and that Iaineans I will be removed from the United States. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United:States, Se me ijdome han leido esta declaraci6ndeclaracion escriia en un idioma que puedo enender dentiend&. Tambien he: tenido launa oportunidad de leer es/a ddeclaracion escrita. Entiendo completamente sus cpresentocosequencias Someto esta dde deportacidnpeticion por un orden de equicion de manera voluntaria, rule instruida, y inteligente. Me doy cuenta que, air en firmando este docutmento, serd deportado estare eipulsado de los Estados Unidos certify i nder penalty of perjuy under the laws of the United States of America, that the foregoing statements WO all true and Correct. Title 18, United States Code, Section 1546 provides, in part: "Whoever knowingly mal%.under oath, or as permitted under penalty of perjury under Section 1746 of Title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or knowingly presents any such application, affidavit or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement or which fails to contain any reasonable basis in law or fact shall be fined in accordance with this title or imprisoned not more than five years, or both." Doy fe, bajo pena de juramento de las eyes de los Estados Unidos de America,, que las declaraciones anteriores son corrects y verdaderas. El Titulo 18, Secci6n 1546, del C6digo de los Estado Unidos estipula en parte que: "Quien haga un juramento con pleno conocimiento o, como esta permitido bajo pena de juramento en la Secci6n 1746 del Titulo 18 del C6digo de los Estados Unidos, d6 como verdadera, cualquier declaraci6n falsa con respect a los hechos materiales en cualquier solicitud, declaraci6njurada u Initials: Page 4 of 7

171 Request for Stipulated Order of Removal and Waiver of Hearing File No. A otro document requerido por las eyes inmigratorias o reglamentos contenidos en la misma o, que con pleno conocimiento presence tal solicitud, declaraci6n jurada u otro document que contenga cualquiera de las tales declaraciones falsas o que no contenga alg6n hecho o base legal razonable, sert multado de acuerdo con este titulo o encarcelado por no mis de cinco aflos, o ambos" Date/Fecha Respondent/Demandado kr ' -~ Y. Initials: Page 5 of 7

172 CERTIFICATION OF TMMIGRATION OFFICER 1,, certify that on - I read this Stipulated Request for Removal Order and Waiver of Hearing to the alien, exactly as written and in its entirety, in the language. (Date) (Signature of Immigration Officer) (Printed Name and Title) CERTIFICATION OF INTERPRETER (IF APPLIC ) I, _ certify that on [_tjihweted this Stipulated Request for Removal Order and Waiver of Hearing to the alien, verbatim an4-,: its 16#ety, from English into the language. I certify that I am competent in both EngW!* and render such interpretation. (Date) (Signature of Interpflqr (Printed Name and Title) CONCURRENCE OiCE ATTORNEY 4 The Government will accept a written order of Respondent's rtv proceedings and waives its right to appeal. a asafinal disposition of these removal (Date). L %%. (Signature of ICE attorney) (Printed N= e and Title) CONCURRENCE OF RESPONDENT'S ATTORNEY (IF APPLICABLE) Respondent Wil accept a written order of removal as a final disposition of these removal proceedings and waives the right to appeal.: (Signature of Respondent's attorney) (Printed Name) Page 5 of 7

173 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE In the Matter of ) A ) IN STIPULATED REMOVAL PROCEEDINGS Respondent ) DECISION AND ORDER OF THE IMMIGRA106N JUDGE Pursuant to the Notice to Appear dated, the spon d s charged with being removable as indicated therein. The Respondent ha8: mbniitted a ' uest for Stipulated Removal Order and Waiver of Hearing" wherein Respondent waives person appearance and admits the allegations and charge(s) contained in the Notice to Appear. Th&6A pondent has waived the right to apply for any relief from remove nd reqttsts that the ln nation Court issue an order that Respondent be removed to the. The U.S. Department of Homeland Security has filed a response wherein it does not oppose the Respondent's request, moves to waive its appearance and requests that an order of removal be entered as requested by the Respondent. There being no factual or legal issues to be resolved.or in dispute, it appears appropriate and in the best interests of just e to grant the respective req is of the parties. Based upon the Respondent's admissions,.the charges of removal are sustained by clear and convincing evidence. Accordingly, the following Ordershall be entered: ORDER IT.IS ORDERED this day of, 2004, by the Immigration Court at that the Respondent be removed from the United States to on the charges contained in the Notice to Appear. Bath sides accept this order as final and waive the right to appeal. Immigration Judge CERTIFICATE OF SERVICE This order was served by: Mail [M] : Personal Service [P] upon the [ ] respondent; [ ] counsel for the respondent; [ ] Department of Homeland Security. Date: By: Court Staff Page 6 of 7

174 I FW: Stipulated Order of Removal Page 1 of 2 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday, February 28, :55 AM 'Ragsdale, Daniel H' Cc: O'Melinn, Barry C; Rogers, Andrea R RE: Stipulated Order of Removal Okay to share with Kevin Jones at OLP? -----Original Message----- Ragsdale, Daniel H [mailto:daniel.h.ragsdale@dhs.gov] Tuesday, February 27, :36 PM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C; Rogers, Andrea R FW: Stipulated Order of Removal Stuart: Here are the latest proposed forms from ICE. I think we need another round of comments. The Spanish needs review. Dan Dan Ragsdale Chief - Enforcement Law Division U.S. Immigration and Customs Enforcement (202) Ward, George 3 Tuesday, February 27, :38 PM Ragsdale, Daniel H Stipulated Order of Removal Dan, here are the forms. Bill 0 has sent is final comments and they are incorporated. The Spanish translations would still need to be done and certified after we have a final version. <<Draft Stipulated Removal Package (JRK ) (2) (3).doc>> George J. Ward, Jr. Associate Legal. Advisor Enforcement Law Division U.S. Department of Homeland Security 4/27/2009

175 I FW: Stipulated Order of Removal Page 2 of 2 U.S. Immigration & Customs Entorcement Phone /Fax /27/2009

176 I RE: Stipulated Order of Removal Page 1 of 2 Moutinho, Deborah (EOIR) Ragsdale, Daniel H [daniel.h.ragsdale@dhs.gov] Tuesday, February 27, :46 PM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C; Rogers, Andrea R RE: Stipulated Order of Removal Scoft: My apologies for the addressing error! Dan Dan Ragsdale Chief - Enforcement Law Division U.S. Immigration and Customs Enforcement (202) Ragsdale, Daniel H Tuesday, February 27, :36 PM Scott.Rosen@usdoj.gov Cc: O'Melinn, Barry C; Rogers, Andrea R FW: Stipulated Order of Removal Stuart: Here are the latest proposed forms from ICE. I think we need another round of comments. The Spanish needs review. Dan Dan Ragsdale Chief - Enforcement Law Division U.S. Immigration and Customs Enforcement (202) Ward, George J Tuesday, February 27, :38 PM Ragsdale, Daniel H Stipulated Order of Removal Dan, here are the forms. Bill 0 has sent is final comments and they are incorporated. The Spanish 4/27/2009

177 RE: Stipulated Order of Removal Page 2 of 2 translations would still need to be done and certified after we have a final version. << File: Draft Stipulated Removal Package (JRK ) (2) (3).doc >> George J. Ward. Jr. Associate Legal Advisor Enforcement Law Division U.S. Department of Homeland Security U.S. Immigration & Customs Enforcement Phone /Fax /27/2009

178 Moutinho, Deborah (EOIR) Smith, Gary (EOIR) Tuesday. February :14 PM Rosen, Scott (EOIR) Stipulated Removal Orders Scott: A couple of interesting statistics on stipulated removals. When you look at the cost of detention space, Eloy has obviously outdone themselves. -- Original Message----- Smith, Gary (EOIR) Monday, April 17, :25 AM Cook, Brenda L. (EOIR); Dixon, David (EOIR); Edwards, R. Elliott (EOIR); Egozcue, Joe (EOIR); Halpin, Robert (EOIR); Long, Cynthia (EOIR); Russelburg, Mari (EOIR); Venillo, Philip (EOIR) Tidbit on Stipulated Removals Judge Pullen mentioned that Eloy has processed 8534 stipulated removals since starting that program in July Original Message----- Meehan, John (EOIR) Sent Tuesday, June 06, :39 PM Smith, Gary (EOIR) Subject* RE: Stipulated Removals My turn-around is the same day. Rarely, we may have so many that they don't get done the same day but that is unusual. Generally, the aliens who stip out of Eloy spend a total of two business days in detention. Because they're all Mexican nationals they are physically deported the same day we issue the order... jam ----Original Message----- Smith, Gary (EOIR) Tuesday, June 06, :59 PM Meehan, John (EOIR) Stipulated Removals John, what is your turn-around time on stipulated removals from the time you receive them until you send them back? Our DRO in Atlanta asked for a one-week tum-around which doesn't seem unreasonable, but the CA has been doing these herself. Thanks.

179 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Tuesday, February 27, :17 PM Lang, Steven (EOIR) FW: stipulated removals Stipulated Removal Order Granted wpd.wpd; Stipulated Removal Order Denied wpd.wpd Steve - The draft stip orders are attached. When do you want to meet on the script? Scott Stipulated Removal Stipulated Removal Order Grant... Order Denie...

180 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal;

181 (12) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's

182 reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ ] RESPONDENT [ I RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

183 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged; a designation of a county for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure. adjustment of status, change of status, cancellation of removal, registry, and naturalization; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

184 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal: an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language. or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for hearing is hereby denied without prejudice. a removal order and waiver of (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

185 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Monday, February 26, :38 AM Neal, David L. (EOIR) FW: stipulated removals Stipulated Removal Order Granted wpd.wpd; Stipulated Removal Order Denied wpd.wpd Original Message----- Rosen, Scott (EOIR) Monday, February 26, :38 AM Jones, Kevin R stipulated removals Kevin, Attached is the revised draft stipulated removal order. (The draft order denying the request is also attached.) We made some revisions to the language you suggested based on comments we received from the ijs who reviewed it. In particular, the language we added in paragraphs 6 & 7 is similar to the language in paragraphs 7& 8 of the DHS form. We realize that the order may need further revisions depending on what changes DHS makes to its form. We also made some other minor changes. We expect to hear from Terry Bird, the DHS Chief District Counsel in Atlanta, early this week regarding the status of the DHS form. It is my understanding that Terry is the principal point of contact at DHS for this project. We reviewed the comments on the DHS form that OIL forwarded to DHS. We have a few comments that we want to share with you before passing them on to DHS. * At the beginning of the Stipulation, the phrase "I, _, make the following statement' should be changed to "I, _, make the following statement and admissions." * In paragraph 12, as an alternative to the language OIL already forwarded, the reference to "Attorney General" could be changed to "United States Immigration Authorities." The generic reference would cover all the bases regardless of who actually handles the request for permission to re-enter. * We believe the reference in paragraph 12 to "punishment of up to twenty years" for illegal re-entry should remain. Informing someone about the maximum penalty is more likely to get the individual's attention and may even dissuade him or her from illegal re-entry in the future. Scott (703) Stipulated Removal Stipulated Removal Order Grant... Order Denie...

186 I Re: stip orders Page 1 of I Moutinho, Deborah (EOIR) Ragsdale, Daniel H [daniel.h-ragsdale@dhs.gov] Tuesday, February 27, :08 PM. O'Melinn, Barry C; Rogers, Andrea R Cc; Rosen, Scott (EOIR) Re: stip orders I will. I just spoke to George about consolidating the chief counsels comments. Sent from my Blackberry Wireless Original Message----- O'Melinn, Barry C Ragsdale, Daniel H; Rogers. Andrea R CC: Scott. Rosen@usdoj.gov Tue Feb 27 12:05: stip orders Dan/Andrea: Scott rosen called from EO[R and is interested in moving forward on stip removals. Pis contact him to discuss Barry 4/27/2009

187 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Tuesday, February 27, :13 PM Jones, Kevin R stipulated removals Kevin, I spoke with Daniel Ragsdale today who is the head of the enforcement team at DHS/ICE OPLA. He advised that ICE is on the tail end of compiling comments from their field offices on the DHS stip form and that we should hear something from them by the end of this week. Scott (703)

188 Moutinho, Deborah (EOIR) Long, Cynthia (EOIR) Friday, February 23, :55 PM Rosen, Scott (EOIR) RE: Stipulated Removals Scott, Will do. Terry is interviewing law students all day today, at a local university. You should be able to reach him on Monday. Cynthia -----Original Message----- Rosen, ScoDtt (EOIR) Friday, February 23, :54 PM Long, Cynthia (EOIR) RE: Stipulated Removals Cynthia, Please let Judge Neal know that I left Terry a message to call me. Thanks, Scott --- Original Message----- Long, Cynthia (EOIR) Friday, February 23, :46 PM Rosen, Scott (EOIR) Stipulated Removals Hello Scott, I just faxed you a copy of a stipulated removal that we receive, from ICE, at the Atlanta Immigration Court. Judge Neal asked me to forward it to you. In addition, Terry Bird, Chief, District Counsel in Atlanta is heading the ICE committee that is standardizing their format. His telephone number is ext If you have any questions or concerns, please let me know. Thanks, Cynthia Long Court Administrator U.S. Immigration Court Atlanta, Georgia

189 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Friday, February 23, :54 PM Long, Cynthia (EOIR) RE: Stipulated Removals Cynthia, Please let Judge Thanks, Scott Neal know that I left Terry a message to call me Original Message----- Long, Cynthia (EOIR) Friday, February 23, :46 PM Rosen, Scott (EOIR) Stipulated Removals Hello Scott, I just faxed you a copy of a stipulated removal that we receive, from ICE, at the Atlanta Immigration Court. Judge Neal asked me to forward it to you. In addition, Terry Bird, Chief, District Counsel in Atlanta is heading the ICE committee that is standardizing their format. His telephone number is ext If you have any questions or concerns, please let me know. Thanks, Cynthia Long Court Administrator U.S. Immigration Court Atlanta, Georgia

190 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Monday, February 26, :38 AM Jones, Kevin R stipulated removals Stipulated Removal Order Granted wpd.wpd; Stipulated Removal Order Denied wpd.wpd Kevin, Attached is the revised draft stipulated removal order. (The draft order denying the request is also attached.) We made some revisions to the language you suggested based on comments we received from the Js who reviewed it. In particular, the language we added in paragraphs 6 & 7 is similar to the language in paragraphs 7& 8 of the DHS form. We realize that the order may need further revisions depending on what changes DHS makes to its form. We also made some other minor changes. We expect to hear from Terry Bird, the DHS Chief District Counsel in Atlanta, early this week regarding the status of the DHS form. It is my understanding that Terry is the principal point of contact at DHS for this project. We reviewed the comments on the DHS form that OIL forwarded to DHS. We have a few comments that we want to share with you before passing them on to DHS. * At the beginning of the Stipulation, the phrase "1, _, make the following statement" should be changed to "I, make the following statement and admissions." * In paragraph 12, as an alternative to the language OIL already forwarded, the reference to "Attorney General" could be changed to "United States Immigration Authorities." The generic reference would cover all the bases regardless of who actually handles the request for permission to re-enter. * We believe the reference in paragraph 12 to "punishment of up to twenty years" for illegal re-entry should remain. Informing someone about the maximum penalty is more likely to get the individual's attention and may even dissuade him or her from illegal re-entry in the future. Scott (703) Stipulated Removal Stipulated Removal Order Grant... Order Denie...

191 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written: (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241 (b)(2)(a)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country: (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal;

192 (12) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's

193 reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ TO: [ I RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

194 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

195 removal as a final disposition of the proceedings: a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. Date: (Name) immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

196 Moutinho, Deborah (EOIR) Long, Cynthia (EOIR) Friday, February 23, :46 PM Rosen, Scott (EOIR) Stipulated Removals Hello Scott, I just faxed you a copy of a stipulated removal that we receive, from ICE, at the Atlanta Immigration Court. Judge Neal asked me to forward it to you. In addition, Terry Bird, Chief, District Counsel in Atlanta is heading the ICE committee that is standardizing their format. His telephone number is ext If you have any questions or concerns, please let me know. Thanks, Cynthia Long Court Administrator U.S. Immigration Court Atlanta, Georgia

197 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Friday, February 09, :13 AM Neal, David L. (EOIR) FW: stipulated removal orders and CAT Stipulated Removal Order AaltenateGranted wpd.wpd After further consideration (and some discussions with a very wise former GC) I decided to incorporate the suggestions of the stip committee into the draft order. I ran it by John Davis since he is the IJ who made the suggestions, with the concurrence of three of the Us on the committee. John's response is below. One of the Js did not weigh in on the suggestions but did not voice any objections either. (There are five Js on the committee.) We are still waiting to see the DHS final stip form so additional revisions to the order may be necessary. I contacted Barry O'Melinn at DHS this week but have not received any response yet regarding the status of the DHS form. I'll send an to Barry next week if we do not hear anything today. We got a reprieve from KJ this week (I forwarded you my responses to his s), but we will not be able to hold back the dam for long. On another front, my advice to Brenda on the CAT issue was to only address deferral of removal in the OPPM because the regulations clearly state that the IJ is to enter an order of removal when granting deferral. The regs are silent regarding 241(b) withholding and withholding under CAT. That is an issue for the Board to address. (It is so great working with her!) Stipulated Removal Order Aalte Original Message----- Davis, John (EOTR) Thursday, February 08, :57 PM Rosen, Scott (EQIR) RE: stipulated removal orders Scott, I have reviewed the draft order with the revisions and am very happy with it! I believe the order, as drafted covers everything we need to be concerned with. Thanks for the opportunity to review the order! How close are we to have the process go into final form? Regards. john W. Davis 1.S. Immigration Judge (520) F. Hanna Road Eloy, AZ Oiginal Message----- Rosen, Scott (EOIR) Thursday, February 08, :49 PM Davis, John (EOIR) stiulated removal orders John, Thanks again for your assistance with this project. I made some revisions to the draft orders based on your suggestions. The draft order granting the stipulated removal request is attached. The revisions (paragraphs 6 & 7) are highlighted. Please let me know at your earliest convenience if you have any concerns with the revised language. Regards,

198 Scott (703) «File: Stipulated Removal Order AaltenateGranted.2.08.O7wpd.wpd

199 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of removability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; 01"060*swm - &u A 60a cmpmouutm Atistti (7) a mtbment that the respondent does not wish to npq f1twma removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization. (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding: (9) a statement that the respondent waives the opportunity for a hearing before an immigration judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal;

200 (12) an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States. or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's

201 reapplying for admission, and the alien obtained such consent before the alien travels back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ ] TO: [ I RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

202 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Thursday, February 08, :06 PM Davis, John (EOIR) RE: stipulated removal orders John, Thanks for the quick response. At this point I can't even guess at how close we are to launching this process. We are still waiting to see the final DHS form to make sure it dovetails with our orders. However, I expect to hear from my contact at DHS shortly regarding the status of the DHS form. Scott ----Original Message----- Davis, John (EOIR) Sent Thursday, February 08, :57 PM Rosen, Scott (EOIR) RE: stipulated removal orders Scott, I have reviewed the draft order with the revisions and am very happy with it! I believe the order, as drafted covers everything we need to be concerned with. Thanks for the opportunity to review the order! How close are we to have the process go into final form? Regards. John W. Davis U.S. Immigration judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Thursday, February 08, :49 PM Davis, John (EOIR) stiulated removal orders John, Thanks again for your assistance with this project. I made some revisions to the draft orders based on your suggestions. The draft order granting the stipulated removal request is attached. The revisions (paragraphs 6 & 7) are highlighted. Please let me know at your earliest convenience if you have any concems with the revised language. Regards, Scott (703) << File: Stipulated Removal Order AaltenateGranted wpd.wpd >>

203 I FW: Stipulated Order of Removal Page 1 of 2 Moutinhoo Deborah (EOIR) Rosen, Scott (EOIR) Thursday, March 08, :19 AM 'Ragsdale, Daniel H' Cc: O'Melinn, Barry C; Rogers, Andrea R RE: Stipulated Order of Removal Attachments: Stipulated Removal Order Denied wpd.wpd; Granted wpd.wpd Stipulated Removal Order Dan, Just so we are all on the same page I am providing you with the latest version of our draft stipulated removal orders. One of the draft orders is for a grant; the other is for a denial. Scott (703) Original Message----- Ragsdale, Daniel H [mailto:daniel.h.ragsdale@dhs.gov] Tuesday, February 27, :36 PM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C; Rogers, Andrea R FW: Stipulated Order of Removal Stuart: Here are the latest proposed forms from ICE. I think we need another round of comments. The Spanish needs review. Dan Dan Ragsdale Chief - Enforcement Law Division U.S. Immigration and Customs Enforcement (202) Fmm: Ward, George 3 Tuesday, February 27, :38 PM Ragsdale, Daniel H Stipulated Order of Removal Dan, here are the forms. Bill 0 has sent is final comments and they are incorporated. The Spanish translations would still need to be done and certified after we have a final version. <<Draft Stipulated Removal Package (JRK ) (2) (3).doc>> George J. Ward, Jr. 4/27/2009

204 I FW: Stipulated Order of Removal Page 2 of 2 Associate Legal Advisor Enforcement Law Division U.S. Departmen(of Homeland Security U.S. Immigration & Customs Enforcement Phone /Fax /27/2009

205 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

206 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated hearing is hereby denied without prejudice. Date: request for a removal order and waiver of (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

207 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country: (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal; (12) an acknowledgment that the stipulation and the factual allegations and

208 charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels

209 back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE TIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE [ ] TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

210 I FW: Stipulated Order of Removal Page 1 of 1 Moutinho, Deborah (EOIR) Achtsam, Howard E. (EOIR) Wednesday, March 07, :47 PM Rosen, Scott (EOIR) RE: Stipulated Order of Removal Thank you for sending me these documents. I have no additional suggestions Original Message----- Rosen, Scott (EOIR) Thursday, March 01, :48 PM Abbott, William L. (EOIR); Davis, John (EOIR); Vandello, James (EOIR); Achtsam, Howard E. (EOIR) FW: Stipulated Order of Removal Gentlemen: Attached is the latest version of the DHS stip form. I believe the most notable changes are in paragraphs 13 & 16. Also, the reference to the AG in paragraph 14 still needs to be changed. DHS included a draft removal order which accompanies their form. I informed DHS that we are drafting our own order and will forward it to them shortly. I am also including the latest version of OCIJ's orders, which includes most of your suggestions. The Department and OIL are also reviewing this material so things may start to move quickly. If you have any additional suggestions, I would appreciate hearing from you by next Wednesday. Thanks again for your assistance with the matter. Scott (703) /27/2009

211 I FW: Stipulated Order of Removal Page l of I Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Thursday, March 01, :48 PM Abbott, William L. (EOIR): Davis, John (EOIR); Vandello, James (EOIR); Achtsam, Howard E. (EOIR) FW: Stipulated Order of Removal Attachments: Draft Stipulated Removal Package (JRK ) (2) (3).doc; Stipulated Removal Order Denied wpd.wpd; Stipulated Removal Order Granted wpd.wpd Gentlemen: Attached is the latest version of the DHS stip form. I believe the most notable changes are in paragraphs 13 & 16. Also, the reference to the AG in paragraph 14 still needs to be changed. DHS included a draft removal order which accompanies their form. I informed DHS that we are drafting our own order and will forward it to them shortly. I am also including the latest version of OCIJ's orders, which includes most of your suggestions. The Department and OIL are also reviewing this material so things may start to move quickly. If you have any additional suggestions, I would appreciate hearing from you by next Wednesday. Thanks again for your assistance with the matter. Scott (703) /27/2009

212 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE IN THE MATTER OF File: A I RESPONDENT IN REMOVAL R DINGS REQUEST FOR STIPULATE) ORDER OF REMOVAL ANDI WlAIVER OFl T-ARNt AND WAIVER OF HEARING U.S. Immigration and Customs Enforcement ("ICE") tpectfully requests that the Court enter an order of removal in this matter based [the attached sti ion. See INA 240(d); 8 C.F.R (b) (2006). ICE requests that the.o.dei I* sstd "without a hearing and in the absence of the parties' as providedin 8 C.F.R (b). Both parties wish to waive appeal. CONTENTS I. >2.:: Stiputhted Request for Removal Order and Form 1-862, Notice to Appear. 3.~. t2is of Waiver of Hearing. 3..I~ist of Free Lesal Services Providers. 4. Fo 1-213, Record of Deportable/Inadmissible Alien. Page 1 of 7

213 Request for Stipulated Order of Removal and Waiver of Hearing File No. A 1, _, make the following statements and admissions: Yo,. hago las sconfesiones y eslos siguiente declaracion: 1 1. I am at least 18 years of age. Tengo por lono menos de 18 Aanos de edad have received a copy of the Notice to Appear ("NTA") dated. which contains my full, true, and correct name. The allegations and charges on the NTA haver % n read to me in a language that I understand. He recibido una copia I Aviso de Comparecencialas Noticia de ApTA fechada el la cual.la NTA contiene mi nombre en forou com orrecto y verdaderootos, y correct. Las alegaciones y los cargoslas cargas en el NT4me han sido s a mi en an idioma que entiendo have been advised of my priviege to be represented:by an attorney or other qualified oto represent aliens in immigration proceedings ofrmy choice, at my own expens., during these proce. I have also received a List of Free Legal Services Providers. He sido aconsejadoavisado sobre mi derecho a ser dodurafe e te procedmientorepresentacion por un abogado de mi 6n, y cuyvs gastos: correrdn a mi cargo. eaccion a costo propio durante este procedimiento. Tambien he recibido una Lista de Proveedores de Sf cios Gratuitos de Asistencia Legal Sin Costo. (Circle "A" or "B.") [translation] A. I choose not to:be represented by ar attorney or other qualified person to representative and choose to represent myself in these proceedings. RYo renunci tvolunta lhimente a mi derechd a ser drepresenhacion por un abogado. eestos srepresentare a mi mison este procedimlento.. I am represeated in this t amtter by an attorney or accredited representative whose EOIR-28 is attached..?toy representade en este asuntocaso por un abogado o representante acreditado cuvo EOIR-28 avniidoesta conectado have been advised Ubat by signing this request, I will be giving up the following legal rights that I would have in a hearing bere an immigration judge: a) the right to question witnesses, and call witnesses on my behalf, b) the right to offer and to object to evidence, and c) the right to require the government to prove my removablity. I waive these rights. I do not want to appear and have a hearing before an immigration judge, and I request that the immigration judge issue an order based solely on the written record. He sido avisado que alren firmando esta Odpeticion estare abandonando, cedando, renunciando voluntariamente a los signientes derechos legales a los cuales hubiera tenidotendre derecho en un audiencia delante de unjuez de ndimigracion. Initials: Page 2 of 7

214 Reauest for Stinulated Order of Removal and Waiver of Hearine File No. A a) el derecho a interrogar testigos, b) el derecho a ofrecer y objetar sa evidendcay, y c) el derecho a requerir que el gobierno compruebe el motivo de mi deportacionexpulsabilidad Yo renuncio a esta derechos. No deseoquiero una audiencia anlecon unjuez de n6imigracion, y pido que eljuez de n6aa imigracion emite an orden aticenbasado uniquamente el registrooel acia escrita. 5. I admit that all of the factual allegations contained in the NTA are true and correct. I also agree that I am removable as charged on the NTA. Admito que todos los alegatos contenidosde echo preciso contenidadq NTA son corrects y verdaderos Tambidn ey correctos. Estov de acuerdo que, conforme a lo asent usable coma contenido en la NTA,, estoy sujeto a ser deportado. 6. I choose as the country design 1dk.removal. Eligo a como el pais designado pao ser deporiladopor xpulcionx have no fear of being harmed if I return to..- No creo que riseria perseguido, lastimadohecho daho, o urto inado si oregrese a do not wish to apply for asylum, wit of removal or p ton under the Convention Against Torture. No deseosolicitarquiero poner solicitud porasilopoliti ; fti6nreteniendo de deportaci6nla expulsion o la proleccidn bajo la Convencidn Contra la Toriurael Tormentos 9. I do not wish to apply for any relief from removal available under the Immigration and Nationality Act including volunty departure, a4ustment of status. change of status, cancellation of removal, registry, and naturalization. deseo nigin 4egal que perone mi deponacidu ay; al cual, bajo la ley de Inmigracidn y Naturalizaci6n o cuatquwr ora tpulacion lga, podria ten& derechono quiero pones solicitud por cualquier recurso al apicion por el cual podre Sdr %eligible bajo la ley de Imnigracion y Naturalizacion o cualquier otro provision de Icy. Tal: tcurso iapedre.incluir salidadespedida voluntaria, ajuste dosn mi estado legal lnmigratorio6ajusto de deportac6eitatus, cambiao de estatus, cancelacion de expucion, registro, y idndfjralizacion. 10. I hereby *61tuntarily concede and acknowledge that I am not a citizen of the United States. I further voluntarily dericede and acknowledge that my parents are not citizens of the United States and therefore, I do not derive Sty:citizenship benefits from my parents. My parents are citizens of_. No tengo y no hard ningan reclamo de ciudadania Americana. I1. I understand and agree that this written statement will be made part of the record for the immigration judge to review. I also understand and agree that the government's Form and any court records relating to criminal convictions listed in the NTA may be made part of the record. E Yo entiendo y estoy de acuerdo en que esta 6declaracion escrita dformara parte del registro que serdacta revisado por el jue: denddimigracion. Tambien entiendo y estoy de acuerdo enque, la Forma y cualquier otro registros del tribunal respecloque relacionan a convicciones criminales ylistado en el NTA.. puedeformarser hecho parte I mismo registrode la acia. Initials: Page 3 of 7

215 I Request for Stipulated Order of Removal and Waiver of Hearing File No. A 12. I understand that I would have had the right to appeal the immigration judge's decision but I agree that I will accept a written order for my removal as a final disposition of these proceedings. I do not wish to appeal the order of the immigration judge. Entiendo y estoy de acuerdo en que jaacceptare un orden aescrito para mi deportacidn, laexpulcion, cual constituirdla6orden seria disposicion final de as seste procedimiento. No deseo quiero apelar lael orden al escrito dejuez den6imigracion 13. (Circle "A" or "B.") [translation] (A) (B) I am not a lawful permanent resident; or I am a lawful permanent resident and understand that I wil.ie this lawful permanent resident status. [Translation]. 14. I understand that, depending upon the facts and circumstances of my case, I ca turn to the United States for a minimum of ten years, and possibly forever, without special permiss im ie Attorney General of the United States. I also understand that returning without proper permis ld result in being removed again and/or being prosecuted for illegal reentry which. may result in puphn ent of up to twenty years in prison. E. Yo entiendo que dependiendo de as circunstanciaslos echos preips y hechoscircumstancias de mi caso, no ordregresarpuedo volver a los Est.ado.(Inidos por un peico mtiempo minimo de diez Roanos, posiblemente nunca, para siempre, sin un permiso especial de la Ptocuador General de los Esiados Unidos. dtambien entiendo que si regresovuelvo sin.el permiso apropzado dconveniente que podre ser deportado y/o enjuiciadoprosecutado por entrar nuevaren.h manerd ilegalde nuevo itegalmente, lo cual puede resultar en un cashigo de hasta veinte Rdei6anos en prig have read this written statement or it has b read to me in a language that I understand. I fully understand what.i says and that itimeans I will be removed from the United States. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United States. Sc ti: he teldome han lido es/a declaraci6ndeclaracion escrita en un idioma que puedo entender.eentiend. Tambien lie tenido launa oportunidad de leer esta cdeclaracion escrita. Entiendo c..dpleramente sus epresentocok encias. Someto esta 6de deportaci6npeticion por un orden de exjlcion de manera voluntaria, ri*l instruida, y inieligene. Me doy cuenta que, air en firmando este doc'wagno, serd depor/ado es/are expulsado de los Estados Unidos. 16. I certify ' er penalty o perjury under the laws of the United States of America, that the foregoing statements arvtl true andtorrect. Title 18, United States Code, Section 1546 provides, in part: "Whoever knowingly makes unjet oath, or as permitted under penalty of perjury under Section 1746 of Title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit or knowingly presents any such application, affidavit or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement or which fails to contain any reasonable basis in law or fact shall be fined in accordance with this title or imprisoned not more than five years, or both." Doy fe, bajo pena de juramento de las eyes de los Estados Unidos de Arnrica,, que las declaraciones anteriores son correctas y verdaderas. El Titulo 18, Secci6n del C6digo de los Estado Unidos estipula en parte que: "Quien haga un juramento con pleno conocimiento o, como esta permitido bajo pena de juramento en Ia Secci6n 1746 del Titulo 18 del C6digo de los Estados Unidos, d como verdadera, cualquier declaraci6n falsa con respecto a los hechos materiales en cualquier solicitud, declaraci6n jurada u Initials: Page 4 of 7

216 Request for Stipulated Order of Removal and Waiver of Hearin2 File No. A otro docunento requerido por las eyes inmigratorias o reglamentos contenidos en la misma o, que con pleno conocimiento presente tal solicitud, declaraci6n jurada u otro documento que contenga cualquiera de Ias tales declaraciones falsas o que no contenga alg~n hecho o base legal razonable, ser6 multado de acuerdo con este titulo o encarcelado por no mas de cinco aflos, o anbos" Date/Fecha Respondent/Demandado NY 0. Initials: Page 5 of 7

217 CERTIFICATION OF IMMIGRATION OFFICER 1,, certify that on F read this Stipulated Request for Removal Order and Waiver of Hearing to the alien, exactly as written and in its entirety, in the language. (Signature of Immigration Officer) (Printed Name and Title) CERTIFICATION OF INTERPRETER (IF APPLICAgLt), certify that on.4 ted this Stipulated Request for Removal Order and Waiver of Hearing to the alien, verbatim and is its ty, from English into the language. I certify that I am competent in both English and, to render such interpretation. (Signature of Inter r) : (Printed Name and Title) CONCURRNCE OP' ICE ATTORNEY The Government will accept a written order of Respondent's 404yAlas a'final disposition of these removal proceedings and waives its right to appeal. (Date) (Signature of ICE trney... I. CONCUITRENCE (Printed Nie and Title) OPRESPONDENT'S ATTORNEY lf APPLICABLE) Respoiident *I right to appeal. accept a written order of rem6val as a final disposition of these removal proceedings and waives the. (Date) (Signature of Respondent's attorney) (Printed Name) Page 5 of 7

218 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE In the Matter of ) IN STIPULATED REMOVAL ) PROCEEDINGS A ) Respondent ) DECISION AND ORDER OF THE IMMIGRAflQN JUDGE Pursuant to the Notice to Appear dated, the tespondi charged with being removable as indicated therein. The Respondent has iubniitted a ' :4est for Stipulated Removal Order and Waiver of Hearing" wherein Respondent waives peers appearance and admits the allegations and charge(s) contained in the Notice -to Appear. ndent has waived the right to apply for any relief from removal And requests that the ration Court issue an order that Respondent be removed to the j The.S. Department of Homeland Security has filed a response wherein it does not oppose th Respondent's request, moves to waive its appearance and requests that an order of removal.be entered as requested by the Respondent. There being no factual or legal issues to be reso)v1. or in dispute, it appears appropriate and in the best interests of justice to grant the respective reqbts of the parties. Based upon the Respondent's admissions, the chmges of removal are sustained by clear and convincing evidence. Accordingly, the following Order shall be entered: ORDER IT IS ORDEnRED this day of, 2004, by the Immigration Court at that the Respondent be removed from the United States to on the charges contained in the Notice to Appear. Both sides accept this order as. final and waive the right to appeal. Immigration Judge CERTIFICATE OF SERVICE This order was served by: Mail [MI: Personal Service [P] upon the [ ] respondent; [ ] counsel for the respondent; [ ] Department of Homeland Security. Date: By: Court Staff Page 6 of 7

219 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged, a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("INA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

220 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly. the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ I RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

221 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("[NA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; (6) a statement that the respondent does not wish to apply for asylum. withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal; (12) an acknowledgment that the stipulation and the factual allegations and

222 charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels

223 back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

224 I FW: Stipulated Order of Removal Page 1 of 2 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Thursday. March 01, :24 AM Neal, David L. (EOIR) FW: Stipulated Order of Removal Attachments: Draft Stipulated Removal Package (JRK ) (2)(3).doc; Stipulated Removal Order Denied wpd.wpd; Stipulated Removal Order Granted wpd.wpd -----Original Message----- Rosen, Scott (EOIR) Thursday, March 01, :23 AM Jones, Kevin R Cc: Keller, Mary Beth (EOIR); Kline, David (CIV) FW: Stipulated Order of Removal Kevin, Below is the latest version of the DHS stip form and OCIJ's draft removal order granting a request for a stipulated order. I am also including the OCIJ draft order denying a request so you have the complete picture. Accompanying the proposed DHS form is a proposed order drafted by DHS. I already informed DHS, however, that OCIJ is drafting its own orders. Scott (703) Original Message----- Ragsdale, Daniel H [mailto:daniel.h.ragsdale@dhs.gov] Tuesday, February 27, :36 PM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C; Rogers, Andrea R FW: Stipulated Order of Removal Stuart: Here are the latest proposed forms from ICE. I think we need another round of comments. The Spanish needs review. Dan Dan Ragsdale Chief - Enforcement Law Division U.S. Immigration and Customs Enforcement (202) Ward, George 3 Tuesday, February 27, :38 PM Ragsdale, Daniel H Stipulated Order of Removal 4/27/2009

225 I FW: Stipulated Order of Removal Page 2 of2 1 Dan, here are the forms. Bill 0 has sent is final comments and they are incorporated. The Spanish translations would still need to be done and certified after we have a final version. <<Draft Stipulated Removal Package (JRK ) (2) (3).doc>> George J. Ward. Jr. Associate Legal Advisor Enforcement Law Division U.S. Department of Homeland Security U.S. Immigration & Customs Enforcement Phone /Fax /27/2009

226 I FW: Stipulated Order of Removal Page 1 of 2 Moutinho, Deborah (EQIR) Rosen, Scott (EOIR) Thursday, March 01, :23 AM Jones, Kevin R Cc: Keller, Mary Beth (EOIR); Kline, David (CIV) FW Stipulated Order of Removal Attachments: Draft Stipulated Removal Package (JRK ) (2)(3).doc; Stipulated Removal Order Denied wpd.wpd; Stipulated Removal Order Granted wpd.wpd Kevin, Below is the latest version of the DHS stip form and OCIJ's draft removal order granting a request for a stipulated order. I am also including the OCIJ draft order denying a request so you have the complete picture. Accompanying the proposed DHS form is a proposed order drafted by DHS. I already informed DHS, however, that OCIJ is drafting its own orders. Scott (703) Original Message----- Ragsdale, Daniel H [mailto:daniel.h.ragsdale@dhs.gov] Tuesday, February 27, :36 PM Rosen, Scott (EOIR) Cc: O'Melinn, Barry C; Rogers, Andrea R FW: Stipulated Order of Removal Stuart: Here are the latest proposed forms from ICE. I think we need another round of comments. The Spanish needs review. Dan Dan Ragsdale Chief - Enforcement Law Division U.S. Immigration and Customs Enforcement (202) Ward, George ) Tuesday, February 27, :38 PM Ragsdale, Daniel H Stipulated Order of Removal Dan, here are the forms. Bill 0 has sent is final comments and they are incorporated. The Spanish translations would still need to be done and certified after we have a final version. <<Draft Stipulated Removal Package (JRK ) (2) (3).doc>> George J. Ward. Jr. 4/27/2009

227 I FW: Stipulated Order of Removal Page 2 of 2 Associate Legal Advisor Enforcement Law Division U.S. Department of Homeland Security U.S. Immigration & Customs Enforcement Phone /Fax /27/2009

228 . n. us n...ma, UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW - OFFICE OF THE IMMIGRATION JUDGE IN THE MATTER OF File: A RESPONDENT IN REMOVAL.ROCUDINGS REQUEST FOR STIPULA TED ORDER OF REMOVAL: AND WAIV[ :DnpLtt7ADrMtv I I U.S. Immigration and Customs enforcement ("ICE") rtspectfully requests that the Court enter an order of removal in this matter based of the attached sti"ion. See INA 240(d); 8 C.F.R (b) (2006). ICE requests that. the order be isstd "without a hearing and in the absence of the parties," is provided:in 8 C.F.R (b). Both parties wish to waive appeal. CONTENTS.1. Stipulated Request for Removal Order and Waiver of Hearing. 2. Form 1-862, Notice to Appear. 3. List of Free Lega Services Providers. 4. F6t-iJ-213. Record of Deportable/Inadmissible Alien. 5. Page 1 of 7

229 Request for Stipulated Order of Removal and Waiver of Hearin2 File No. A 1. I am at least 18 years of age. Tengo por lono menos de 18 Pianos de edad make the following statements and admissions: hago las sconfesiones y eslos siguiente declaration: 2. I have received a copy of the Notice to Appear ("NTA") dated, which contains my full, true, and correct name. The allegations and charges on the NTA havetign read to me in a language that I understand. He recibido una copia 1A viso de Comparecencialas Noticia de Ap kndlenta ')fechada el la cual.la NT4 conliene mi nombre en form compfleo4.orrecto y verdaderootos, y correcto. Las alegaciones y los cargoslas cargas en el NTA.me han sido oldas a ml en un idioma que entiendo. I have been advised of my privilege to be represented by an attorney or other qualifi 4!pon to represent aliens in immigration proceedings of my choice, at my own expens during these proce. I have also received a List of Free Legal Services Providers. He sido aconsejadoavisado sabre mi derecho a ser doduranud este procedmientorepresentacion par un abogado de mi 6n, y cuys gastoas.correran a mi cargoddeccion a cost propio durante este procedimieno. Tambien he recibido una Lisb:4e Proveedores de Sr icios Graluitos de Asistencia Legal Sin Costa. (Circle "A" or "B.") [translation] A. I choose not to :xq4wesented by an.attorney or other qualified person to representative and choose toitpresent m if in these proceedings. RYo renunco.voluntariamente a mi derecho a ser drepresentacion par un abogado. srepresentare a mi.is4emn este procedimiento. estos I am represented in thisitatter by an attorney or accredited representative whose EO[R-28 is attached. Estov representado en este asuntocaso por un abogado a representante acreditado cuyo EOIR-28 4i'wuidoesta conectado. 4. I have been advised that by signing this request, I will be giving up the following legal rights that I would have in a hearing before an immigration judge: a) the right to question witnesses, and call witnesses on my behalf, b) the right to offer and to object to evidence, and c) the right to require the government to prove my removablity. I waive these rights. I do not want to appear and have a hearing before an immigration judge, and I request that the immigration judge issue an order based solely on the written record. He sido avisado que alren firmando esla cdpeticion estare abandonando cedando, renunciando voluntariamente a los siguientes derechos legales a los cuales hubiera tenidotendre derecho en un audiencia delante de unjuez de ndimigracion. Initials: Page 2 of 7

230 I Request for Stioulated Order of Removal and Waiver of Hearin2 File No. A a) el derecho a interrogar testigos, b) el derecho a ofrecer y objerar so evidenciay, y c) el derecho a requerir que el gobierno compruebe el motivo de mi deportaci6nerpulsabilidad Yo renuncio a estos derechos. No deseoquiero una audiencia antecon unjuez de ndimigracion. y pido que eljuez de noaa imigracion emite un orden aicenbasado uniquamente el registrooel ac/a escrita. 5. I admit that all of the factual allegations contained in the NTA are true and correct. I also agree that I am removable as charged on the NTA. : Admito que todos los alegatos contenidosde echo preciso contenidad or Tambidn ev correctos. Estoy de acuerdo que, conforme a In asentq NTA,, estoy sujeto a ser deportado. NTA son correctos y verdaderos pulsable como contenido en la 6. I choose as the country designed.fr removal. Eligo a como el pais designado para ser deporladopor 7. I have no fear of being harmed if I return to No creo que riseria perseguido, lastimadohecho dailo. o urtoreeniado si oregrese a. 8. I do not wish to apply for asylum, withholdini of removal, or pidtc (on under the Convention Against Torture. No deseosolicitarquiero poner solicitud por asilo politico, retencidnreteniendo de deportaci6nla expulsion, o la proteccidn bajo la Convencian Contra la Thrturael TormenO.. 9. I do not wish to agly for anq.mejief from removal available under the Immigration and Nationality Act including voluntarydeparture, aiistment of status change of status, cancellation of removal, registry, and naturalization. desco ningn...legai que pedore mi deyporaci6n,y, al cual, bajo la ley de Inmigracidn y Naturalizaci6n o cualqtide Mrra itipulacidn leal, podria tene :derechono quiero pones solicitud por cualquier recurso al expulcion por el cual podre sei deigible bajo la ley de Imnigracion y Naturalizacion o cualquier otro revisionn de ley. Tal recurso iapedr.e incluir salidadespedida voluntaria, ajuste dosn mi estado legal imigratorio6ajusto de. deportac6osatus, cambio de estatus. cancelacion de expulcion, registro, y idnaturalizacion. 10. I hereby Voluntarily conewe and acknowledge that I am not a citizen of the United States. I further voluntarily doneede and acknowledge that my parents are not citizens of the United States and therefore, I do not derive anycitizemhip benefits from my parents. My parents are citizens of. No tengo y no hart tingin reclamo de ciudadania Americana. 11. I understand and agree that this written statement will be made part of the record for the immigration judge to review. I also understand and agree that the government's Form and any court records relating to criminal convictions listed in the NTA may be made part of the record. E Yo entiendo y estov de acuerdo en que esta 6declaracion escrita dformara parte del registro que serdacta revisado por el juez denddimigracion. Tambien entiendo y estoy de acuerdo enque, la Forma I-213 y cua/quier otro registros del tribunal respectoque relacionan a convictones criminals ylis/ado en el NTA,, puedeformarser hecho parte I mismo registrode la acia. Initials: Page 3 of 7

231 Reauest for Stinulated Order of Removal and Waiver of Hearing File No. A 12. I understand that I would have had the right to appeal the immigration judge's decision but I agree that I will accept a written order for my removal as a final disposition of these proceedings. I do not wish to appeal the order of the immigration judge. Entiendo y estoy de acuerdo en que daacceptare un orden aescrito para mi deportacidn, laexpulcion, cual constituirdladorden seria disposicion final de os seste procedimiento. No deseo quiero apelar lael orden al escrito dejuez den6imigracion. 13. (Circle "A" or "B.") [translation] (A) (B) I am not a lawful permanent resident; or I am a lawful permanent resident and understand that I wili1ase this lawful permanent resident status. [Translation] understand that, depending upon the facts and circumstances of my case, I cavmn return to the United States for a minimum of ten years, and possibly forever, without special permissiik*m the Attorney General of the United States. I also understand that returning without proper permis i(kc6uld result in being removed again and/or being prosecuted for illegal reentry whicb.may result in pu shment of up to twenty years in prison. E. Yo entiendo que dependiendo de as cirenstanciaslos echos p rt. v hechoscircumstancias de mi caso,, no or&egresarpuedo volver a los Esiados; /nidos por un perio:d mtiempo minima de diez Rioanos, posiblemente nunca, para siempre sin uan phmilso especial de la4 atw'dor General de los Estados Unidos. dtambien entiendo que si regresouelo sin el permiso apr4ado, dconveniente que podre ser deportado y/o enjuiciadoproseculado por entrar nuevanieri deaera ilegalde nuevo ilegalmente, to cual puede resultar en un castigo de hasta veinte fideidanos en prisetl* have read this written stati nt or it has been read to me in a language that I understand. I fully understand whatit says and that itmneans I will be removed from the United States. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United States. Se,r -h. IM le han idido esta decriracidndeclaracion escrila en un idioma que puedo ewahder.dentiendo. Tainbien Qs tenido launa oportunidad de leer esta 6declaracion escrita. Entiendo ompletamente sus Presentoco yemias. Someto esta 6de deportaci6npeticion por un orden de dcilon de manera v.untaria, ru Instruida, y inteligente. Me doy cuenta que, air en firmando este dobiiken to, serd deportado estare aipulsado de los Estados Unidos. 16. I certify,*ier penalty (f perjury under the laws of the United States of America, that the foregoing statements are all true and correct. Title 18, United States Code, Section 1546 provides, in part: "Whoever knowingly maki* unddetoath, or as permitted under penalty of perjury under Section 1746 of Title 28, United States Codi',k6wingly subscribes as true, any false statement with respect to a material fact in any application, affidaylt, or knowingly presents any such application, affidavit or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement or which fails to contain any reasonable basis in law or fact shall be fined in accordance with this title or imprisoned not more than five years, or both." Doy fe, bajo pena de juramento de las eyes de los Estados Unidos de Am6rica,. que las declaraciones anteriores son correctas y verdaderas. El Titulo 18, Secci6n 1546, del C6digo de los Estado Unidos estipula en parte que: "Quien haga un juramento con pleno conocimiento o, como esth permitido bajo pena de juramento en la Secci6n 1746 del Titulo 18 del C6digo de los Estados Unidos, d6 como verdadera, cualquier declaraci6n falsa con respecto a los hechos materiales en cualquier solicitud, declaraci6n jurada u Initials: Page 4 of 7

232 Request for Stipulated Order of Removal and Waiver of Hearing File No. A otro documento requerido por [as leyes innigratorias o reglamentos contenidos en la misma o, que con pleno conocimiento presente tal solicitud, declaraci6njurada u otro documento que contenga cualquiera de las tales declaraciones falsas o que no contenga alg~n hecho o base legal razonable, sera multado de acuerdo con este titulo o encarcelado por no mas de cinco aflos, o ambos" Date/Fecha Respondent/Demandado t Sm.I Initials: Page 5 of 7

233 CERTIFICATION OF IMMIGRATION OFFICER 1, _. certify that on I read this Stipulated Request for Removal Order and Waiver of Hearing to the alien, exactly as written and in its entirety, in the language. (Date) (Signature of Immigration Officer) (Printed Name and Title) CERTIFICATION OF INTERPRETER (IF APPLIC. I, certify that on.4-mowted this Stipulated Request for Remo val Order and Waiver of Hearing to the alien, verbatim and:.jri its * ty, from English into the language. I certify that I am competent in both Englis and.:. to render such interpretation. (Signature of Interpreter) (Printed Name and Title) CONCURRENCE OF ICE ATTORNEY The Government will accept a written order of Respondent'i iemval as a final proceedings and waives its right to appeal. disposition of these removal (Date) (Sign ature of ICE attorney). (Printed Name and Title) CONC( lence OP RESPONDENT'S ATTORNEY (IF APPLICABLE) Respondent wil.accept right to appeal.: a written order of removal as a final disposition of these removal proceedings and waives the (Date) (Signature of Respondent's attorney) (Printed Name) Page 5 of 7

234 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE In the Matter of ) ) IN STIPULATED REMOVAL A ) PROCEEDINGS Respondent ) DECISION AND ORDER OF THE IMMIGR4ATQN JUDGE Pursuant to the Notice to Appear dated the Respondet.i* : charged with being removable as indicated therein. The Respondent hs submitted a "Rqest for Stipulated Removal Order and Waiver of Hearing" wherein Reipondent waives perso4. appearance and admits the allegations and charge(s) contained in the Notice to Appear. ThA ndent has waived the right to apply for any relief from removal and reqieats that the Imitation Court issue an order that Respondent be removed to the The US. Department of Homeland Security has filed a response wherein it does not oppose the Respondent's request, moves to waive its appearance and requests that an order of remove be entered as requested by the Respondent. There being no factual or legal issues to be resolvedor in dispute, it appears appropriate and in the best interests of justice to grant the respective requests of the parties. Based upon the Respondent's admissions, the cbrges of removal are sustained by clear and convincing evidence. Accordingly, the following Order.Ohall be entered: ORDER IT IS ORDERED this. day of, 2004, by the Immigration Court at that the Respondent be removed from the United States to on the charges contained in the Notice to. Appear. Both sides accept this order as final and waive the right to appeal. Immigration Judge CERTIFICATE OF SERVICE This order was served by: Mail [M] : Personal Service [P] upon the [ ] respondent; [ ] counsel for the respondent; [ ] Department of Homeland Security. Date: By: Court Staff Page 6 of 7

235 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The stipulation is denied because it fails to include: an admission that all factual allegations contained in the charging document are true and correct as written; if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; a concession of deportability or inadmissibility as charged; a designation of a country for removal under section 241(b)(2)(A)(i) of the Immigration and Nationality Act ("[NA"); a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; a statement that the respondent will accept a written order for his or her

236 removal as a final disposition of the proceedings; a waiver of appeal of the written order of removal; an acknowledgment that the stipulation and the factual allegations and charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; or a statement that the respondent understands the consequences of the stipulated request for an order of removal. and that the respondent enters the request voluntarily; and/or the stipulation is denied because Accordingly, the following order shall be entered: ORDER: It is hereby ordered that the stipulated request for a removal order and waiver of hearing is hereby denied without prejudice. Date: (Name) Immigration Judge CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ ] PERSONAL SERVICE TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

237 UNITED STATE DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT ADDRESS In the Matter of: (Name) Respondent File No: A XX-XXX-XXX IN REMOVAL PROCEEDINGS Charges: DISCUSSION DRAFT ORDER OF THE IMMIGRATION JUDGE The respondent (or the respondent's representative) and the Department of Homeland Security have submitted a stipulated request for a removal order and waiver of hearing pursuant to 8 C.F.R (b). The written stipulation includes: (1) an admission that all factual allegations contained in the charging document are true and correct as written; (2) if the alien is not represented, an acknowledgment that the alien was advised of the right to be represented by counsel, at no expense to the government, and of the availability of free legal services provided by qualified organizations or attorneys, and a statement that the alien does not desire representation; (3) a concession of deportability or inadmissibility as charged; (4) a designation of a country for removal under section 241 (b)(2)(a)(i) of the Immigration and Nationality Act ("INA"); (5) a statement that the respondent does not have a fear of persecution or torture if removed to the designated country; (6) a statement that the respondent does not wish to apply for asylum, withholding of removal, or protection under the Convention Against Torture; (7) a statement that the respondent does not wish to apply for any relief from removal under the INA or any other provision of law for which the respondent may be eligible, including voluntary departure, adjustment of status, change of status, cancellation of removal, registry, and naturalization; (8) a concession to the introduction of the written stipulation of the respondent and the supporting material as an exhibit to the Record of Proceeding; (9) a statement that the respondent waives the opportunity for a hearing before an Immigration Judge; (10) a statement that the respondent will accept a written order for his or her removal as a final disposition of the proceedings; (11) a waiver of appeal of the written order of removal; (12) an acknowledgment that the stipulation and the factual allegations and

238 charges contained in the charging document were written in the respondent's own language, or that they were translated orally for the respondent verbatim in the respondent's own language before the stipulation was signed by the respondent; and (13) a statement that the respondent understands the consequences of the stipulated request for an order of removal, and that the respondent enters the request voluntarily. I have reviewed the written stipulation, the charging document, and supporting documents. I find that the respondent's stipulation to the entry of a written order of removal, and his or her waiver of the right to a hearing, are voluntary, knowing, and intelligent. Based on the respondent's concession, I find the respondent removable from the United States as charged. Accordingly, the stipulated request for a removal order and waiver of hearing is hereby granted and the following order shall be entered: ORDER: It is hereby ordered that the respondent be removed from the United States to document. based on the charges set forth in the charging Date: (Name) Immigration Judge Appeal: Waived by Both Parties WARNING: An alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 237(a) of the INA, who willfully fails or refuses to present himself for removal shall be fined and/or imprisoned for up to ten years. Further, any alien who willfully fails or refuses to depart from the United States pursuant to a final removal order shall pay a civil penalty of not more than $500 for each day the alien is in violation of such order. WARNING: An alien who has been deported or removed, or has departed from the United States while an order of deportation, exclusion, or removal is outstanding, and who thereafter enters or attempts to enter the United States, or is at any time found within the United States, shall be fined and/or imprisoned for up to twenty years, unless the alien has obtained the Department of Homeland Security's express consent to the alien's reapplying for admission, and the alien obtained such consent before the alien travels

239 back to the United States from a place outside the United States or before he or she applies for admission from a foreign contiguous territory. CERTIFICATE OF SERVICE THIS DOCUMENT WAS SERVED BY: MAIL [ j PERSONAL SERVICE [ ] TO: [ ] RESPONDENT [ ] RESPONDENT C/O CUSTODIAL OFFICIAL [ ] RESPONDENT'S ATTORNEY/REPRESENTATIVE [ ] DHS DATE: BY: COURT STAFF

240 FW: Stipulated Order of Removal Page 1 of I I Moutinho, Deborah (EOIR) Cc: Attachments: Rosen, Scott (EOIR) Wednesday, February 28, :24 AM Gipe, Bruce (EOIR) Osuna, Juan (EOIR) FW: Stipulated Order of Removal Draft Stipulated Removal Package (JRK ) (2) (3).doc The Board is welcome to send me comments on the latest DHS stip form Original Message /27/2009 a

241 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE IN THE MATTER OF File: File: A I 'a :~ RESPONDENT A A TN REMOVAL $~O%~DINGS A P. REQUEST FOR STIPULATED ORDER OF REMOVAL ANDl WAlVER HEARINGS. AND WAIVER OF U.S. Immigration and Customs Enforcement ("ICE) Irespectfully requests that the Court enter an order of removal in this matter based lot.the attached stipulation. See INA 240(d); 8 C.F.R (b) (2006). ICE requests that the order be issued "without a hearing and in the absence of the parties," as provided in 8 C.F.R (b). Both parties wish to waive appeal. CONTENTS 1. Stipiulated Requieg for Removal Order and Waiver of Hearing. 2.. Form Notice to Appear. 3. List of Free Legal Services Providers. 4. Fornj -213, Record of Deportable/Inadmissible Alien. 5. Page 1 of 7

242 rqw I Request for Stipulated Order of Removal and Waiver of Hearing File No. A I, -, make the following statements and admissions: I am at least 18 years of age. Tengo por lono menos de 18 flanos de edad hago las sconfesiones y eslos siguiente declaracion: 2. 1 have received a copy of the Notice to Appear ("NTA") dated. which contains my full, true, and correct name. The allegations and charges on the NTA havq :bgn read to me in a language that I understand. He recibido una copia / Aviso de Comparecencialas Noticia de Apateon TYTA "fechada el la cual.la NT4 contiene mi nombre en for com I correct y verdaderootos, y correcto. Las alegaciones y los cargoslas cargas en el NT4mehan sido oi a mi en un idioma que entiendo. 3. I have been advised of my priviege to be represented by an attorney or other qualified orto represent aliens in immigration proceedings of my choice, at my Own expens, dunng these proce4. I have also received a List of Free Legal Services Providers. He sido aconsejadoavisado sobre mi derecho a ser doduraitt, ete procedmientorepresentacion por un abogado de mi 6n, y cuyos gastos..,v.reran a mi cargo' aeccion a costo propio durante esle procedimieno. Tombien he recib/do una.lista de Proveedores de S iosgfratuitos de Asistencia Legal Sin Cosio. (Circle "A" or "B.") [translation] A. I choose not to be represented by an attorney or otter qualified person to representative and choose totepresent myself in these proceedings. RYo renuncio voluniatipmente a mi derecho a ser drepresentacion por un abogado. eestos srepresentare s im mipo ena ste procedimlento. 1 am represented in this ntter by an atton*y or accredited representative whose EOIR-28 is attached. :stoy representado en este asuntocaso por un abogado o representante acreditado cuyo EOIR-28 dincluidoesta coypectado. 4. I have been advised.tbat by signing this request, I will be giving up the following legal rights that I would have in a hearing before an immigration judge: a) the right to question witnesses, and call witnesses on my behalf, b) the right to offer and to object to evidence, and c) the right to require the government to prove my removablity. I waive these rights. I do not want to appear and have a hearing before an immigration judge, and I request that the immigration judge issue an order based solely on the written record. * He sido avisado que alren firmando esta 6apeticion stare abandonando cedando, renunciando voluntariamente a los siguientes derechos legales a los cuales hubiera renidotendre derecho en un audiencia delanie de unjuez de n6imigracion. Inlitials: Page 2 of 7

243 Request for Stipulated Order of Removal and Waiver of Hearing File No. A a) el derecho a interrogar testigos b) el derecho a ofrecer y objetar sa evidenciay, y c) el derecho a requerir que el gobierno compruebe el motivo de mi deportacidnexpulsabilidad Yo renuncio a estos derechos. No deseoquiero una audiencia antecon unjuez de ndimigracion, y pida que eljuez de noaa im/gracion emite un orden acenbasado uniquamente el registrooet acta escrita. 5. I admit that all of the factual allegations contained in the NTA are true and correct. I also agree that I am removable as charged on the NTA. Admito que todos los alegatos contenidosde echo precise conlenidad epi Tambidn ey corrects. Estoy de acuerdo que, conforme a lo asenty o NTA,, estoy sujeto a ser deportado. NTA son correctos y verdaderos exyulsable como contenido en la 6. I choose as the country designed for removal. Eligo a como el pais designado pata ser depoiadopor expulcion.' 7. I have no fear of being harmed if I return to : No creo que riseria perseguido, lastimadohecho dalo. a urtorniado si oregrese a. 8. I do not wish to apply for asylum, withholding of removal, or pid tton under the Convention Against Torture. No deseosolicitarquicro poner solicitudpor ailo politi. idnreteniendo de deportacidnia expulsion, o la proteccidn bajo la Convencidn Contra la T'rturael Tormttt. 9. I do not wish to apply for a y tlief from removal available under the Immigration and Nationality Act including voluntary departure, Adjustment of status, change of status, cancellation of removal, registry, and naturalization. deseo nivg le kgal que perdone ml deponaci,y al cual, bajo la lev de Inmigracidn y Naturalizacidn o cualqystit Oa prtapulaci6n Tfta4 podria tentt:derechono quiero pones solicitud por cua/quier recurso al e4jlcion por et lat.podre ser*eligible bajo la Icy de Imnigracion y Naturalizacion a cualquier otro provision de ley. Tt tlecurso idpodre incluir salidadespedida voluntaria. ajuste dosn mi estado legal Intigratorio6ajusto de.deportacdestatus. cambia de estates, cancelacion de expulcion, registry, y idnattralizacion. 10. I hereby iduntarily concede and acknowledge that I am not a citizen of the United States. I further voluntarily Wofeede and acknowledge that my parents are not citizens of the United States and therefore, I do not derive a c.irizenship benefits from my parents. My parents are citizens of_. No tengo y no hard ningm reclamo de cindadania Americana. I1. I understand and agree that this written statement will be made part of the record for the immigration judge to review. I also understand and agree that the government's Form and any court records relating to criminal convictions listed in the NTA may be made part of the record. EYo entiendo y estoy de acuerdo en que esta odeclaracion escrita dformara parte del registro que seroacta revisado por el juez den6dimigracion. Tambien entiendo y estoy de acuerdo enque, la Forma y cualquier otro registros del tribunal respectoque relacionan a convicciones criminales ylistado en el NTA,, puedeformarser hecho parte I mismo registrode la acta. Initials: Page 3 of 7

244 Request for Stipulated Order of Removal and Waiver of Hearing File No. A 12. I understand that I would have had the right to appeal the immigration judge's decision but I agree that I will accept a written order for my removal as a final disposition of these proceedings. I do not wish to appeal the order of the immigration judge. Entiendo y estoy de acuerdo en que daacceptare un orden aescrito para mi deportacidn, laexpulcion, cual constituirdladorden seria disposicion final de as seste procedimiento. No deseo quiero apelar lael orden al escrito dejuez dendimigracion. 13. (Circle "A" or "B.") [translation] (A) (B) I am not a lawful permanent resident: or I am a lawful permanent resident and understand that I will. lse this lawful permanent resident status. [Translation] understand that, depending upon the facts and circumstances of my case, I ca,return to the United States for a minimum of ten years, and possibly IbFever, without special permissiofr9rn the Attorney General of the United States. I also understand that returning without proper permissl1g cbuld result in being removed again and/or being prosecuted for illegal entry whkht may result in pu4 hment of up to twenty years in prison. E. Yo entiendo que dependiendo de as circunstanciaslos echos p isos y hechoscircumstancias de mi caso,, no ordregresarpuedo volver a los Estadas Unidos por an peib,*. mtiempo minima de diez ioanos, posiblemente nunca, para siempre, sin un permsn especial de la"). rador General de los Estados Unidos. dtambien entiendo que si regresovuelvo sin el permiso aproqado, Oconveniente que podre ser deportado y o enjuiciadoprosecutado por entrar nuevamiehkt.dermanera ilegalde nuevo ilegalmente, to cual puede resultar en un castigo de hasta veinte A&didanos en prisi. 15. I have read this written stattn ent or it has been read to me in a language that I understand. I fully understand what.itslys and that Ameans I will be bpnoved from the United SLates. I submit this request for a removal order voluntarily, knowingly, and intelligently. I realize that by signing this document, I will be removed from the United States.. Se.ne 4hr idlme han lefdo esta dclariacidndeclaracion escrita en un idioma que puedo enmender dentiehde. Tambien hii:tenido launa oportunidad de leer esta ddeclaracion escrita. Entiendo completamente sus eptesenioconqzewncias. Someto esta dde deportacidnpeicion par an orden de d: nducion de manera sisintaria, rule instruida, y inteligente. Me doy cuenta que, air en firmando este docidwento, serd deportada estare expulsado de los Estados Unidos. 16. I certify, nder penalty of perjury under the laws of the United States of America, that the foregoing statements afe ill true and correct. Title 18, United States Code, Section 1546 provides, in part: "Whoever knowingly make trnder oath, or as permitted under penalty of perjury under Section 1746 of Title 28, United States Coekknowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or knowingly presents any such application, affidavit or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement or which fails to contain any reasonable basis in law or fact shall be fined in accordance with this title or imprisoned not more than five years, or both." Doy fe, bajo pena de juramento de las eyes de los Esiados Unidos de Amtrica., que las declaraciones anteriores son correctas y verdaderas. El Titulo 18, Secci6n 1546, del C6digo de los Estado Unidos estipula en parte que: "Quien haga un juramento con pleno conocimiento o, como esta permitido bajo pena de juramento en la Secci6n 1746 del Titulo 18 del C6digo de los Estados Unidos, d6 cono verdadera, cualquier declaraci6n falsa con respecto a los hechos materiales en cualquier solicitud, declaraci6n jurada u Initials: Page 4 of 7

245 Request for Stipulated Order of Removal and Waiver of Hearing File No. A otro docurnento requerido por las eyes inmigratorias o reglamentos contenidos en la misma o, que con pleno conocimiento presente tal solicitud, declaraci6n jurada u otro documento que contenga cualquiera de las tales declaraciones falsas o que no contenga algum echo o base legal razonable, sera multado de acuerdo con este tritulo a encarcelado por no mas de cinco aflos, o ambos" Date/Fecha Responden t/demandado ne Initials: Page 5 of 7

246 CERTIFICATION OF IMMIGRATION OFFICER I,, certify that on I read this Stipulated Request for Removal Order and Waiver of Hearing to the alien, exactly as written and in its entirety, in the language. (Signature of Immigration Officer) (Printed Name and Title) CERTIFICATION OF INTERPRETER (IF APPLICABL&t.- 1, certify that on -4id Mpreted this Stipulated Request for Removal Order and Waiver of Hearing to the alien, verbatim an4 in its ee, from English into the language, I certify that I am competent in both English and. to render such interpretation. (Date) (Signature of Interprter) (Printed Name and Title CONCURRENCIEOF ICE ATTORNEY The Government will accept a written order of Respondent's t'esvial as a final disposition of these removal proceedings and waives its right to appeal. (Signature of ICE attorney) (Printed Naie and Title). CONCl RRECE OF APONDENT'S ATTORNEY (IF APPLICABLE) Respondent will accept a written order of removal as a final disposition of these removal proceedings and waives the right to appeal.: (Signature of Respondent's attorney) (Printed Name) Page 5 of 7

247 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE In the Matter of A ) IN STIPULATED REMOVAL ) PROCEEDINGS Respondent DECISION AND ORDER OF THE IMMIGRA QNJUDGE Pursuant to the Notice to Appear dated, the Respondet is charged with being removable as indicated therein. The Respondent has submitted a est for Stipulated Removal Order and Waiver of Hearing" wherein Respondent waives persca appearance and admits the allegations and charge(s) contained in the Notice to Appear. The j].ondent has waived the right to apply for any relief from removaiand requixsts that the ation Court issue an order that Respondent be removed to the The f.s. Department of Homeland Security has filed a response wherein it does not oppos& the Respondent's request, moves to waive its appearance and requests that an order of removad be entered as requested by the Respondent. There being no factual or legal issues to be reslved or in dispute, it appears appropriate and in the best interests ofjustice to grant the respective retots of the parties. Based upon the Respondent's admissions, the ch'ares of removal are sustained by clear and convincing evidence. Accordingly, the following Order shall be entered ORDER IT IS ORD MED this day of, 2004, by the Immigration Court at that the Respondent be removed from the United States to on the charges containmd in the Notice to Appear. Both sides accept this order as final and waive the right to appeal. Immigration Judge CERTIFICATE OF SERVICE This order was served by: Mail [M] : Personal Service [P] upon the [ ] respondent; [ ] counsel for the respondent; [ ] Department of Homeland Security. Date: By: Court Staff Page 6 of 7

248 Moutinho, Deborah (EOIR) Davis, John (EOIR) Thursday, March 29, :52 AM Rosen, Scott (EOIR) RE: stipulated removals Scott, Not a problem - send them out at your convenience. Regards, John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Oiginal Message -- Rosen, Scott (EOIR) Wednesday, March 28, :15 PM DavIs, John (EOIR) RE: stipulated removals I did not want you to think I forgot about this. I have several other competing priorities this week and have not yet completed my review of the stips Original Message----- Fmm: Davis, John (EOIR) Sent* Friday, Mardh 23, :27 PM Rosen, Scott (EOIR) RE: stipulated removals Scot, I would be delighted to look over the modifications. Please send them to me and I do as quick a turn around as possible! Thanks! John W. Davis U.S. Immigration Judge (520) F. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOTR) Friday, March 23, :18 AM Davis, John (EOIR) RE: stipulated removals I'll be on a telephone conference today beginning at 1 p.m. which will probably last all day. After reviewing the latest DHS stip request, I made some minor changes to the OCIJ order so that the forms dovetail. Would you mind if I sent you the revised order (redlined) along the OCIJ comments on the DHS stip request early next week so that you can take a look at this material before I send it to OIL, the Department, and DHS. --- Original Message----- Davis, John (EOIR) Friday, March 23, :46 AM 1

249 Scott, Rosen, Scott (EOIR) RE: stipulated removals I am just heading into court I should be out around 11 am and will be available then. If I'm out any earlier I'll give you a call! Regards, Joh W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Friday, March 23, :35 AM Davis, John (EOIR) stipulated removals Judge Davis, When would be a good time to call you next week to briefly discuss a few items regarding stipulated removals? Scott (703)

250 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Wednesday, March 28, :15 PM Davis, John (EOIR) RE: stipulated removals I did not want you to think I forgot about this. I have several other competing priorities this week and have not yet completed my review of the stips Original Message----- Davis, John (EOIR) Friday, March 23, :27 PM Rosen, Scott (EOIR) RE: stipulated removals Scot, I would be delighted to look over the modifications. Please send them to me and I do as quick a turn around as possible! Thanks! John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Friday, March 23, :18 AM Davis, John (EOIR) RE: stipulated removals I'll be on a telephone conference today beginning at 1 p.m. which will probably last all day. After reviewing the latest DHS stip request, I made some minor changes to the OCIJ order so that the forms dovetail. Would you mind if I sent you the revised order (redlined) along the OCIJ comments on the DHS stip request early next week so that you can take a look at this material before I send it to OIL, the Department, and DHS Original Message----- Davis, John (EOIR) Friday, March 23, :46 AM Rosen, Scott (EOIR) RE: stipulated removals I am just heading into court I should be out around 11 am and will be available then. If I'm out any earlier I'll give you a call! Regards, John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Fmm: Rosen, Scott (EOIR)

251 Fiday, March 23, :3S AM Davis, John (EOIR) stipulated removals Judge Davis, When would be a good time to call you next week to briefly discuss a few items regarding stipulated removals? Scott (703)

252 Moutinho, Deborah (EOIR) Attachments: Lang, Steven (EOIR) Wednesday, March 28, :50 PM Rosen, Scott (EOIR) Revised Stip Removal video scrip Stip Present Script 4.wpd Hi Scott, I'm attaching the latest Stip Removal video script. Let's discuss at your earliest convenience. - Steve Stip Present Script 4.wpd

253 EOIR Legal Orientation Program Presentation Script for Stipulated Removal Group (As of 3/28/07) This presentation was created by the inimigration court a u-piutif t ugnlcatiuu which aslt, for individuals detained by the United States Immigration and Customs Enforcement, (ICE) a part of the Department of Homeland Security (DHS). who are considering whether or not to request a hearing before an Immigration Judge regarding their case. I. Understanding your rights under Immigration Law We know that being detained can be very difficu understand why you are here or what you can do. TI rights and decide if you want to see an immigratior If you decide that you do not want to have a hearing fight your case to stay in this country, you can ask possible Lthrih what, 'ald a "Stipulated Orde wil l speed tip xou return to your country. But be attention to the information in this video. Because immigration law is very complicated, you those of you who want a lawyer but cannot afford c in the area where you are detained. If there is no one judge on your own. FAA IM er to r wie' Removal 'ay close you. For services ak to the II. THE COURT PROCESS You are cui "ICE," an z immigratio stay in the I Sta ment, or e also call the "Immigration Service". The egally- and that unless you have the right to There are s( is made fo immigration: called Forn If you did information you are beir an immigra rice can remove you from the country. This video r or not they should ask for a hearing before an :eived a document called a "Notice to Appear."also you may not be in removal proceedings and the not apply to your case. If you do not understand why houl d have a Notice to Appear. you should talk with

254 For those of you who are in removal proceedings, there are different reasons why you may be here. For some of you, the Immigration Service says that you should be removed because you do not have permission to be in the I 'nited States country. Others of you came here legally with a visa or you have legal permanent residency, but the Immigration Service says that you committed a crime or violated an immigration law and that you should be removed. The Immigration Service's reasons, or "charges." for removing you from the country are listed on your "Notice To Appear." The Notice to Appear contains information the Immigration Service believes to be true about you, including where you were born, the date and way you came to the United States violated any criminal or immigration laws. It also explains why the Immigration have to leave the United States. It is very important for you to review the information in the Notice not think the information is correct or you want to see evidence ab should wait to have a hearing with the immigration judge. Pa Immigration Service says that you have been convicted ofan aggrave serious consequences that I will describe later. Being in removal proceedings means that you have certain rights. * The right to be represented hv an atlornev or other representative at the expense of the government; * The right to have a hearing with an immigrat: * The right to apply for relief from removal fro log I~C VW1. L OaitLV.. JII V. YUU IMaY U1L1 t111 IV ±~J~ ~- r-i J b", UI*t4 ta' IIUL naiil LU & I~I IL 7ULU ~.. oej I. 1". *.UI foea Lt%. LU Jou makij L i of Lrnmval." Before you make a this close attenti immigratior F, but not K"defense" M1 J t ILLL trination ~.L&a.. IflJfl~ -~-I ~--~-I ival, please pay d wait to see an If you choos or more thai for individu Also, wheth important fc of removal: First, if you I e, you will probably have to wait a few days to place, so you should ask about the wait 'or have a hearing with the immigration judge, it is es of an% removal order, including a stipulated order permission you have to stay in the United States; Second, if y legally return to the United States any time soon for at ~. ~ It,.. les.f.c on your vu case. ca.e If this ths is s your r second removal rmoal. you

255 cannot return for twenty years; Third And, if you were convicted of an "aggravated felony" you may never be able to return. Sometimes i mne instances, you can get permission from the Secretary of Homeland Security to come back before the waiting period is over, but it is very difficult to get this permission. And. even after the waiting period is over, you still will have to have a way to come back legally, for example, with a tourist visa, visitor's visa, or family visa. Remember, it is a serious crime to reenter the United States without permission aft removed from the country. If caught, you can be charged as a criminal erininally, an you can be sentenced to prison for up to twenty yei on your criminal history. The Immigration Service the United States if you reentered illegally after bei III. DEFENSES Please pay careful attention as I now talk about way legally. These ways are called "forms of relief' or] apply for any of these defenses, then you should wait judge. country e able to igration I will discuss eight main defenses. 1. Citizenship The first defense is a claim to United 5 but do not re released fror 1. Were you 2. Do you he 3. Do you he OR 4. Did at lea If you answi immigration citizen, you: 2. Asylum a The second ( not 1 if y( ted States? U.S. citizen before you were born? tizen before you turned 18 years old? citizens must be ns: ins, you should tell an immigration officer and the a U.S. citizen. If you think believe you may be a migration judge. iarm in your home country o includes "Withholding of Removal" which is very

256 similar. If you ha'e been harmed in %our country. or if you fear returning to your country, you should tell the immigration judge. You may be able to ask for asylum in the United States if you fear you will be threatened or harmed if you return to your own country or if you have suffered harm there in the past. The threat or harm must come from the government or someone the government cannot or will not control. You must also show that the threat or harm is because of your race, religion, nationality, political beliefs, or your membership in a certain group of people. Another form of protection is available if you believe you may be tortured if you return to your ciunr; Und r t, ti A i*t.+ T th U T.+t d+st tat tn+ il t iu. n..nn in a y-j. I e onven on gans orur e n a.e ile no r country where they will likely be tortured by a government official. You should tell Service and the immigration judge if you fear torture in your home country by the However, if the only reason you left your country w of returning, then you probably do not qualify fo Against Torture. Ri doi under 3. Cancellation of Removal The third defense against removal is "Cancellatic individuals who have lived in the United States for Cancellation of Removal - 7 year, 10 year, and 3 ye 7 Year Cancellation is for legal permanent residen are a legal permanent resident who violated certain in this country, you may lose your legal permanent in certain cases you can ask for Can If you win your case, you can keep yo States. r gratiotj owr1 dencyj be or ive th = enc' ywm is is for types of. If you n crimes owever, olations. e United To apply for been living committed c, The second t United States type of Canc legally. To apply, yo parent or chi suffer extren have commit ears and 7 years. In addition, you cannot have - is for individuals who have lived in the I as a green card), for at least 10 years. If you get this rmanent residence and can remain in this country iited States for at least ten years and have a spouse, armanent resident (a green card holder) who would ther thnilv nienibers do not count. Also, you cannot hat vou have been a person of good moral character.

257 The last type of Cancellation is 3 Year Cancellation. If you have lived in the United States for at least three years and ffyou have been battered, abused or treated very cruelly by a spouse or parent who is a U.S. citizen or legal permanent resident, you may qualify for this type of Cancellation. You may also qualify if your child was abused by his or her other parent. Again, you can only apply if you have not had certain criminal problems. The law on Cancellation of Removal is very complicated. So, if you are interested in knowing more about any of these types of Cancellation of Removal, you should speak with the immigrationjudge. 4. NACARA Another type of defense is called NACARA. You permanent residency if you are from Guatemala, El Europe, and you applied for asylum in the United St may also qualify if you have a spouse or unmarried If this applies to you, you should speak with the im 5. Registry Another type of defense for individuals who have Ii of time is called "Registry." If you have lived in should speak with the immigration judge. tates ft Lbeg Eg period 972, you 6. Adjustment Through Family Another defense is called "adju member who is a citizen or leg permanent r4 'family )olv As ty." I youi a a family or legal Only close f *a spouse w *a parent wli *an adult ch *or a sibling This relative Immigration process for 14 or longer, de you. With ce card, especit of the line, s become a permanent mt; nt; resident. these are: migration Service proving your relationship. The 'etition. Once the petition is approved, the waiting having to stand in line. The wait may be several years om and which family member is sponsoring filedfor wait in line a long time to get your residency green siblingsg. With others, you can go right to the front U.S. Citizen spouses.

258 If your petition has been approved, or is very close to being approved by the Immigration Service, you may be able to finish the adjustment process with the immigration judge, instead of having to leave the United States and apply from your home country. If no petition has been submitted, or if your petition is not close to being approved by the Immigration Service, you still face being removed from the United States. However, when your petition is finally approved, you may be able to obtain your visa through the U.S. Consulate in your home country. As with other defenses, you cannot get a residency card through a family me committed certain crimes. If you think you may qualify for this defense, you sl to tell the judge if any of your close family member Also, show the judge any papers that these family n the Immigration Service about those papers. The ju the line or whether your crimes or illegal status bar *The "T" visa may be available to yo being recruit coercion irn- T VICCS. regal pe :)r you aq 7. Other Special Visas The seventh defense is through applying-for speci 'vi sva. -assist *The "S" visa may be available to certain individual information about crime or terrorism. If you think' an immigration officer. ro prov may q fy for t portant talk to rt int t bo means aud, or fa sex TOapply, sc Thai Thai Thai If you think *The "U" v These crimes female geni U. king;.government against this trafficking; and )u were are removed. immigration officer who can assist you to apply. ire a victim of a serious crime in the United States., assault, incest, domestic violence, sexual assault, ther serious crimes.

259 To apply, you have to show: * That you suffered serious physical or mental abuse * And that you have information about the crime and the government says that you are helping them to stop it or punish those responsible. If you think you may qualify, you should contact an attorney. You can also ask for information from an immigration officer. *The V visa assists certain spouses and children c States while they are waiting for their visa to be permanent resident spouse or child tiled a petition f been waiting at least 3 years. You may also be able to apply for a visa on your o% physical abuse from your spouse or parent who is a may also apply if your child has been abused by his resident parent. If you are interested in knowing more about any of t laixer if oiu ha\e one. or with an immigration off H. Voluntary Departure The last defense I will describe is called "voluntary defenses I just described but want 1 should consider asking the imminr; voluntary departure if you have bee] If you are gn States and Ic your trip hor for exam ple. being return If you do nc removed. R Remoxal. yc voluntary de employment If you are in auntry. You will also be required to pay for you come from. If you come from Mexico, Inexpensive-like-$20. However, if you are icket may be hundreds of dollars. ntary departure may be better than being ordered order of removal. including a Stipulated Order of s for ten years or more. But, if you leave through return in less time if you haxe with a family visa, )eparture, you should see the immigration judge.

260 IV. Release From Detention I have just described some of the possible ways you may be able to stay in the United States legally or leave without a harsh penalty. If you decide the fight your case, you may be able to do so outside of detention by getting released on a "bond" or on "parole." A bond is money you pay to the U.S. government as a guarantee promise that you will attend all your immigration hearings and appointments with immigration officers. You promise to obey the judge's ~ L ~ T 2C~s~ oruer at the enu 0f your case, even ii you nave to leave the United States. II you rct you will get your money back after your case is over whether you win or lose. How an immigration court hearing or interview, or if you do not leave the UJnited States A to, you will lose the bond money. In general, if you were arrested after you entered t have certain criminal convictions or are considered Bonds are set by the Immigration Service, and can b be as low as $1,500. You can ask the immigrati hearing, als cale 4 tc 3 ttd, ILdttatiou luem decide to lower 'our bond amount, keep it the sam e for I ritva 50H a bond dge may and. In deciding whether or-not to lower your bond, the he/she believes that you will continue to attend yoi outside detention. Also, the judge will not lower yo run aa% or are a danger to people or property in (1 ration ifj aure. er or-not the law you will V. Conclusion If you decide services ager out forms, pi However, if ;ht r or legal criminal convictions. They can help you fill 'u can still fight your case on your own. If you are no immigration Removal filt is very import and complet out. Also, y, pressure to r nd you don't want to wait to have a hearing with an officer to help you apply tor a Slipulated Order of ofremo va In order to receive qualify-for this, it xplained in this presentation. You should also read iat the immigration officer will assist you in filling Id be yours, and you should not feel forced or under

261 If you have additional questions, you can contact ***?? Thank you for your attention and good luck with your decision. VOICEOVER: The information in this video is not intended to give you individual advice about your case or act as a substitute for legal counsel. We suggest you contact a lawyer or a legal services I i4 t fi' i C ft b4i - t organization to get sp L c on 4tflUL YULAI on ie.

262 Moutinho, Deborah (EOIR) Davis, John (EOIR) Friday, March 23, :27 PM Rosen, Scott (EOIR) RE: stipulated removals Scot, I would be delighted to look over the modifications. Please send them to me and I do as quick a turn around as possible! Thanks! John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOTR) Friday, March 23, :18 AM Davis, John (EOIR) RE: stipulated removals I'll be on a telephone conference today beginning at 1 p.m. which will probably last all day. After reviewing the latest DHS stip request, I made some minor changes to the OCIJ order so that the forms dovetail. Would you mind if I sent you the revised order (redlined) along the OCIJ comments on the DHS stip request early next week so that you can take a look at this material before I send it to OIL, the Department, and DHS. --- Original Message----- Davis, John (EOIR) Friday, March 23, :46 AM Rosen, Scott (EOIR) RE: stipulated removals Scott, I am just heading into court I should be out around 11 am and will be available then. If I'm out any earlier I'll give you a call! Regards, John W. Davis U.S. Immigration Judge (520) E. Ilanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Friday, March 23, :35 AM Davis, John (EOIR) stipulated removals Judge Davis, When would be a good time to call you next week to briefly discuss a few items regarding stipulated removals? Scott (703)

263

264 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Friday, March 23, :18 PM Davis, John (EOIR) RE: stipulated removals I'll be on a telephone conference today beginning at 1 p.m. which will probably last all day. After reviewing the latest DHS stip request, I made some minor changes to the OCIJ order so that the forms dovetail. Would you mind if I sent you the revised order (redlined) along the OCIJ comments on the DHS stip request early next week so that you can take a look at this material before I send it to OIL, the Department, and DHS. -Original Message----- Davis, John (EOIR) Friday, March 23, :46 AM Rosen, Scott (EOIR) RE: stipulated removals I am just heading into court I should be out around 11 am and will be available then. If I'm out any earlier I'll give you a call! Regards, John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Friday, March 23, :35 AM Davis, John (EDIR) stipulated removals Judge Davis, When would be a good time to call you next week to briefly discuss a few items regarding stipulated removals? Scott (703)

265 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Friday, March 23, :18 PM Davis, John (EOIR) RE: stipulated removals I'll be on a telephone conference today beginning at 1 p.m. which will probably last all day. After reviewing the latest DHS stip request, I made some minor changes to the OCIJ order so that the forms dovetail. Would you mind if I sent you the revised order reclinedd) along the OCIJ comments on the DHS stip request early next week so that you can take a look at this material before I send it to OIL, the Department, and DHS Original Message----- Davis, John (EOIR) Friday, March 23, :46 AM Rosen, Scott (EOIR) RE: stipulated removals I am just heading into court I should be out around 11 am and will be available then. call! If I'm out any earlier I'll give you a Regards, John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Friday, March 23, :35 AM Davis, John (EOIR) stipulated removals Judge Davis, When would be a good time to call you next week to briefly discuss a few items regarding stipulated removals? Scoff (703)

266 Moutinho, Deborah (EOIR) Davis, John (EOIR) Friday, March 23, :46 AM Rosen, Scott (EOIR) RE: stipulated removals Scott, I am just heading into court I should be out around 11 am and will be available then. If I'm out any earlier I'll give you a call! Regards, John W. Davis U.S. Immigration Judge (520) E. Hanna Road Eloy, AZ Original Message----- Rosen, Scott (EOIR) Friday, March 23, :35 AM Davis, John (EOIR) stipulated removals Judge Davis, When would be a good time to call you next week to briefly discuss a few items regarding stipulated removals? Scott (703)

267 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Friday, March 23, :35 AM Davis, John (EOIR) stipulated removals Judge Davis, When would be a good time to call you next week to briefly discuss a few items regarding stipulated removals? Scott (703)

268 Moutinho, Deborah (EOIR) Cc: Lang, Steven (EOIR) Wednesday, April 18, :21 PM Gipe, Bruce (EOIR) Rosen, Scott (EOIR); Nimick, Lockhart (EOIR) RE: Stip Script Excellent -----Original Message----- Gipe, Bruce (EOIR) Wednesday, April 18, :20 PM Lang, Steven (EOIR) Cc: Rosen, Scott (EOIR); Nimick, Lockhart (EOIR) RE: Stip Script Hey Steve, My comments are from the Board (with Juan's approval). Thanks, Bruce -Original Message----- Lang, Steven (EOIR) Wednesday, April 18, :17 PM Gipe, Bruce (EOIR) Cc: Rosen, Scott (EOIR); Nirnick, Lockhart (EQlR) RE: Stp Script Hello Scott and Bruce, I liked Bruce's additional edits and will incorporate them all into the draft. Bruce, are your comments considered BIA input or OCIJ input? (I had sent over the draft to the BIA for their input a couple of weeks ago). Also, as regards the unpublished 9th Circuit decision that Scott noted, our script sufficiently covers voluntary departure, as well as other non-relief areas like bonds and parole. Thanks, Steve -----Original Message----- Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Cc! Rosen, Scott (EOIR) FW: Stip Script Hi Steve, Per Scott's request, I'm attaching a copy of the redlined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce << File: Stipulated Removal Order Script.wpd >> Original Message--- Rosen, Scott (EOTR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR)

269 Stip Script Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

270 Moutinho, Deborah (EOIR) Lang, Steven (EOIR) Wednesday, April 18, :09 PM Rosen, Scott (EOIR); Gipe, Bruce (EOIR) RE: Stip Script Scott, I'm been having access problems to Westlaw. Any way you could forward the case the me? Thanks, Steve Original Message----- Rosen, Scott (EOIR) Wednesday, April 18, :38 AM Gipe, Bruce (EOIR); Lang, Steven (EOIR) RE: Stip Script Bruce, You may wish to review the recent 9th Cir. stip decision in U.S. v. Nungary-Rubalcaba, 2007 WL Scott -Original Cc: Hi Steve, Message----- GIpe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOTR) Rosen, Scott (EOIR) FW: Stip Script Per Scott's request, I'm attaching a copy of the redlined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce << File: Stipulated Removal Order Script.wpd >> Original Message- Rosen, Scott (EOIR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) Stlp Script Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure

271 that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

272 Moutinho, Deborah (EOIR) Attachments: Gipe, Bruce (EOIR) Wednesday, April 18, :13 PM Lang, Steven (EOIR); Rosen, Scott (EOIR) RE: Stip Script stip case.wpd Here ya go - I was just reading it so I saved it to a WP document: stip case.wpd Original Message-- Fmm: Lang, Steven (EOIR) Wednesday, April 18, :09 PM Rosen, Scott (EOIR); Gipe, Bruce (EOIR) RE: Stip Script Scott. I'm been having access problems to Westlaw. Any way you could forward the case the me? Thanks, Steve Original Message--- Rosen, Scott (EOIR) Wednesday, April 18, :38 AM Gipe, Bruce (EOIR); Lang, Steven (EOIR) RE: Stip Script Bruce, You may wish to review the recent 9th Cr. stip decision in U.S. v. Nungary-Rubalcaba, 2007 WL Scott Original Message- Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Cc: Rosen, Scott (EOIR) FW: Stip Saipt Hi Steve, Per Scot's request, Im attaching a copy of the redlined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce << File: Stipulated Removal Order Script.wpd >> -----Original Message----- Rosen, Scott (EOTR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) Stip Script

273 Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIRAILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

274 U.S. v. Nungaray-Rubalcaba C.A.9 (Cal.),2007. Only the Westlaw citation is currently available.this case was not selected for publication in the Federal Reporter.Please use FIND to look at the applicable circuit court rule before citing this opinion. (FIND CTA9 Rule 36-3.) United States Court of Appeals,Ninth Circuit. UNITED STATES of America, Plaintiff-Appellee, Joel Nicholas NUNGARAY-RUBALCABA, No V. Submitted Dec. 6, 2006.FN Defendant-Appellant. FN* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir. R Filed April 10, Richard C. Chen., Esq., Roper W. Haines, Jr. Esq., Office ofthe U.S. Attorney, San Diego, CA, for Plaintiff-Appellee. Leila W. Morgan, Esq., Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant. Appeal from the United States District Court for the Southern District of California; Dana M. Sabraw District Judge, Presiding. D.C. No. CR DMS. Before BEEZE WARDLAW and PAEZ, Circuit Judges. MEMORANDUM "* FN** This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34a)(2). *1 Joel Nicholas Nungaray-Rubalcaba appeals his conviction and sentence for illegal reentry in violation of 8 U.S.C. _1326. We have jurisdiction pursuant to 28 U.S.C , We review de novo the denial of a motion to dismiss an 8 U.S.C. & 1326 indictment when the motion alleges due process defects in the underlying deportation proceeding. United States v. Camacho-Love, 450 F.3d (9th Cir.2006). We conclude that the district court erred in denying Nungaray-Rubalcaba's motion to dismiss the indictment, because the underlying order of deportation was invalid. We therefore reverse the conviction and sentence without addressing Nungaray-Rubalacaba's additional assignments of error. To challenge the validity of a prior deportation order, a defendant must show: (1) exhaustion of any available administrative remedies; (2) improper deprivation ofjudicial review in the underlying removal proceedings; and (3) prejudice. See $ 1326(d) nted States v. Ortli-Loner. 385 F.3d 1202, (9th Cir.2004)(per curiam). However, if the defendant was not informed that he or she was eligible for relief from removal during the prior proceedings, the exhaustion requirement will not bar collateral review. See id. at 1204 n. 2. Nungaray-Rubalcaba was improperly deprived ofjudicial review and denied due process in the underlying deportation proceeding, because his waiverofa hearing through a written stipulation for removal was not considered and intelligent. See United States v. Ubaldo-Figuera, 364 F.3d 1042, 1048 (9th Cir.2004). When he signed the waiver, the INS Special Agent "failed to inform him that he was eligible for a fast-track voluntary departure in lieu of removal, under 8 U.S.C. 1229c(a)." Ortiz-Lopez, 385 F.3d at 1204; see also Uhaldo-Fieueroa, 364 F.3d at (holding that the failure to inform an immigrant of possible eligibility for relief from removal is a denial of due process that invalidates the underlying deportation proceeding); United States v. Muro-Inclan. 249 F.3d (9th Cir.200 I) (holding that a waiver of appeal is invalid if the immigrant is not advised of possible eligibility for relief from deportation). The

275 exhaustion and deprivation requirements in & 1326(d) are therefore satisfied. See Orriz-Lopez, 385 F.3d at To satisfy the final requirement, prejudice, a defendant "must only show that he had a plausible ground for relief from deportation." Ubaldo-Fieuerva. 364 F.3d at 1050 (internal quotation marks omitted). Here, Nungaray-Rubalcabahad aplausible claim for relief: pre-hearing voluntary departure under 8 U.S.C c(a). Immigration Judges have "broad authority to grant [pre-hearing] voluntary departure," In re Elmr Arpuelles-Campos, & N. Dec. 811, 820 (BlA 1999), and onlytwo classes of immigrants are ineligible for such relief, "those involved in terrorism-related activity (not at issue here), and those... convicted of an aggravated felony." Orzi-Lope. 385 F.3d at 1204 n. 3 (internal quotation marks omitted). *2 Contrary to the Government's arguments, neither of Nungaray-Rubalcaba's two Idaho state law convictions for drug possession qualified as an aggravated felony at the time of his prior removal, August 26, Then and now, a drug conviction must be punishable as a felony under federal law to qualify as an aggravated felony for removal purposes. See Cazare:-Gutierre: v..4shcrofl. 382 F.3d (9th Cir.2004); In re L-G & N. Dec. 89, 95 (BIA 1995). Although no longer the law in this Circuit, in 1999, a second drug possession conviction could qualify as an aggravated felony under 21 U.S.C. ( 844(a). see United States v. Garcia-Olmedo, 112 F.3d 399, 400 (9th Cir.1997), overruling recognizedby I nitedstates v. Balasteros-Rui F.3d 1101, (9th Cir.2003) but only if the first conviction had "become final" priorto the second conviction. See2l U.S.C. & 844(a); United States v. Guzman-Colores, 959 F.2d 132, 133 (9th Cir.1992). Here, Nungaray's first conviction had not become final priortoliis second conviction because, under Idaho law, his time to fileadirect appeal ofthe first conviction had not expired. See State v. Jensen, 71 P.3d 1088, (Idaho Ct.ADD.2003) (citing Idaho Appellate Rule 14(a)). Finally, because the Government has not argued that it can rebut Nungaray's prima facie showing of prejudice, there is no need to remand for further proceedings. See United States v. Gonzalez-1 alerio, 342 F.3d 105 1, 1054 (9th Cir.2003) ("Once [the defendant] makes a prima fade showing of prejudice, the burden shifts to the government to demonstrate that the procedural violation could not have changed the proceedings' outcome.") cf Ortiz-Lone. 385 F.3d at 1205 (remanding for the government to present evidence in support of its argument "that no IJ would have allowed [the defendant] to depart voluntarily as a discretionary matter under 1229c(a), regardless ofwhether his cocaine possession conviction was an aggravated felony"). Because the INS's failure to inform Nungaray-Rubalcaba of his eligibility for pre-hearing voluntary departure violated his due process rights, and because this violation caused him prejudice, the underlying order of deportation cannot be used as an element of his conviction under We therefore reverse his conviction. REVERSED. C.A.9 (Cal.),2007. U.S. v. Nungaray-Rubalcaba Slip Copy, 2007 WL (C.A.9 (Cal.)) END OF DOCUMENT

276 Moutinho, Deborah (EOIR) Cc: Lang, Steven (EOIR) Wednesday, April 18, :17 PM Gipe. Bruce (EOIR) Rosen, Scott (EOIR); Nimick, Lockhart (EOIR) RE: Stip Script Hello Scott and Bruce, I liked Bruce's additional edits and will incorporate them all into the draft. Bruce, are your comments considered BIA input or OCU input? (I had sent over the draft to the BIA for their input a couple of weeks ago). Also, as regards the unpublished 9th Circuit decision that Scott noted, our script sufficiently covers voluntary departure, as well as other non-relief areas like bonds and parole. Thanks, Steve Original Message----- Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Cc: Rosen, Scott (EGIR) FW: Stip Script Hi Steve, Per Scott's request, I'm attaching a copy of the redlined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce << File: Stipulated Removal Order Script.wpd >> -----Original Message----- Rosen, Scott (EOIR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) Stip Script Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request. which would include blanks that 1

277 would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf: the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

278 Moutinho, Deborah (EOIR) Cc: Gipe, Bruce (EOIR) Wednesday, April 18, :20 PM Lang, Steven (EOIR) Rosen, Scott (EOIR); Nimick, Lockhart (EOIR) RE: Stip Script Hey Steve, My comments are from the Board (with Juan's approval). Thanks, Bruce -riginal Cc: Message----- Lang, Steven (EOIR) Wednesday, April 18, :17 PM Gipe, Bruce (EOIR) Rosen, Scott (EOIR); Nimick, Lockhart (EOIR) RE: Stip Script Hello Scott and Bruce, I liked Bruce's additional edits and will incorporate them all into the draft. Bruce, are your comments considered BIA input or OCIJ input? (I had sent over the draft to the BIA for their input a couple of weeks ago). Also, as regards the unpublished 9th Circuit decision that Scott noted, our script sufficiently covers voluntary departure, as well as other non-relief areas like bonds and parole. Thanks, Steve Original Message----- Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Cc: Rosen, Scott (EOIR) FW: Stip Saipt Hi Steve, Per Scott's request, I'm attaching a copy of the reclined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce << File: Stipulated Removal Order Script.wpd >> Original Message---- Rosen, Scott (EOIR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) SUp Script Bruce, Thanks for your comments. Would you please copy Steve Lang with the reclined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott

279 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondents parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

280 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Tuesday, April 03, :16 PM Neal, David L. (EOIR) AILA questions #9 is BIA and not included. 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rulemaking authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings. EOIR currently is working with DHS to create a uniform nationwide process for stipulated removals. EOIR will consider discussing AILA's suggestions with DHS as this process moves forward. 5. EOIR List of Free Legal Service Providers (OCIJ and OGC) EOIR distributes a list of free legal service providers pursuant to 8 C.F.R , et seq. A private attorney may ask to have his or her name placed on the list if they make a specified declaration:

281 An attorney, as defined in (f) of this chapter, who seeks to have his or her name appear on the list of free legal services providers maintained by the Chief Immigration Judge must declare in his or her application that he or she provides free legal services to indigent aliens and that he or she is willing to represent indigent aliens in immigration proceedings pro bono. An attorney under this section may not receive any direct or indirect remuneration from indigent aliens for representation in immigration proceedings, although the attorney may be regularly compensated by the firm or organization with which he or she is associated. 8 C.F.R (d). Across the nation there are private attorneys on the free legal advice list who do not accept many pro bono cases, and who charge money for services. Their listing seems to be a form of advertising. Most state bars require attorneys to do some pro bono work, and most of us perform pro bono work even when not required. If this regulation were read loosely, nearly any attorney could appear on the list, but we do not believe that this regulation is designed to provide for free advertising for any private attorney who so desires. We believe that the last sentence is intended to make clear that a private attorney should be placed on the list only where they have a particular practice of accepting pro bono cases (as opposed to accepting cases only occasionally). Moreover, there is some harm to immigrants seeking legal help, who waste their time seeking free legal help from people who will not help them. A) Would EOIR consider guidance to the local immigration courts that would help to address this problem? EOIR shares AILA's concerns that the Free Legal Services Provider List not be used as a form of free advertising for anyone who is not a true pro bone attorney. EOIR would welcome input from AILA on ways to improve the effectiveness and accuracy of the Free Legal Services Provider List. A) Would EOIR consider developing a standardized declaration for pro bono attorneys. which would require a statement not only that they take pro bono cases, but that they have a practice of never accepting payment from indigent aliens in removal proceedings? This is an excellent suggestion and EOIR is open to working with AILA on creating such a declaration. Additionally, EOIR will take under consideration drafting a change in the current regulations that govern the Free Legal Service Provider List. It is the goal of EOIR to have better referrals for the indigent immigrant population. In order to meet this goal the scope of the problem needs to be defined. Any information about specific incidents or general trends in the abuse of this list would be appreciated by EOIR. A) Is there a practice whereby Us or other practitioners may bring it to the attention of local or national EOIR that an individual on the free legal services list isn't a true pro bono attorney? Or alternately, does EOIR ever audit its free legal services list to ensure not only its technical accuracy, but its substantive accuracy? If an Immigration Judge, a practitioner, or a respondent is concerned that an attorney on the list does not provide pro bono services, the Court Administrator should be contacted. The Court Administrator will gather information about the complaint and, if appropriate, will forward it to OCIJ for further investigation. While EOIR currently does confirm that each attorney on the list is a member of the bar in good standing, we are reviewing our audit practices and procedures for future revision to ensure accuracy.

282 6. Los Angeles EOIR-Good Conduct Certificates (OCIJ) (see, Question I) Most of the Los Angeles area Immigration Judges require respondents to file a current California Department of Justice background check with relief applications. This requirement is in addition to the mandatory DHS biometric checks. If the California Department of Justice background check is not filed, the Immigration Judge will deny the respondent's application for relief The California Department of Justice recently changed their delivery policy. They are no longer sending the background check results to the requesting attorney, but rather to the respondents home. Many of the results are lost in the mail or misplaced Additionally, in detained cases, it is impossible for respondents to receive these checks due to their incarceration. Attorneys practicing before the Los Angeles EOIR have informed EOIR of this change; however, the Immigration Judges continue to require the California background check results. This requirement has become extremely prejudicial to the respondents and respondent's attorneys. Attorneys are facing ineffective assistance of counsel complaints due to the failure to file these checks that are no longer under their control. AILA is not aware of any other EOIR Immigration Courts requiring respondents to submit such background check results. Given the fact that extensive DHS background checks are now required and it has become much more difficult to obtain the California background checks, this requirement is redundant and overly burdensome. Would EOIR consider instructing Los Angeles EOIR to discontinue this practice? The Office of the Chief Immigration Judge has been advised that the Los Angeles Immigration Court does not require a California Department of Justice (CDOJ) check, but recommends that one be done if the respondent has any kind of criminal record and/or encounter with State of California law enforcement authorities. This is because the California check often contains more up to date information. For example, the California check sometimes will have the disposition for an arrest listed that is not specified in the DHS check, thus providing a more complete picture at the time of the merits hearing. In addition, OClJ is not aware of any claim being denied for failure to do or complete a CDOJ check; at times, Immigration Judges may continue the case for completion of this check if the DHS check disclosed an arrest/court case without a disposition. If a DHS check disclosed a California criminal record without a disposition, the best way to clear the record is by either doing another DHS check to see if there is a disposition reported or asking for a CDOJ check to see if it gives more detailed information. 7. Continuances for Children Applying for SIJS Visas (OCIJ) The Special Immigrant Juvenile Visa process for detained minors has unique requirements requiring a state court to determine whether a child is eligible for long-term state foster care as a result of abuse, abandonment and neglect. [NA l01(a)(27)(j)(i). As a precondition to entering state court, children in the custody of immigration authorities are required to request consent from the Attorney General. INA 1l01(a)(27)(iii)(1). As no regulations have been promulgated by the agency, only memoranda have defined the parameters of the consent procedures. Effectively, the child must make a written request to John Pogash, the Juvenile Coordinator, asking for consent to proceed in state court with a dependency petition. The process of obtaining consent from Mr. Pogash creates a substantial delay. The Juvenile Coordinator typically requires that the child almost create aprimafacie case for the SUS visa in the consent request. This requires that the child obtain identification document proving identity and age, corroborating evidence of the abuse, death or parents, or evidence of neglect/abandonment. Often, the Juvenile Coordinator will investigate the validity of the claim at this early stage in the case. The constitutionality of this process has been condemned by several district courts. This procedural quagmire is relevant to EOIR. because detained children in proceedings often need to request continuances for their case in order to obtain the necessary consent to enter state court. Further, if consent is denied or granted, the child will then either seek a district court injunction or will enter the state dependency

283 process - both of which are lengthy legal processes. A) Is a detained child who is potentially eligible for the Special Immigrant Juvenile Status is [sic] legally permitted to seek a continuance in Immigration Court to pursue that statutory remedy? The ramifications of not allowing a child to seek a continuance could render the statutory right to [apply for] the visa a nullity. The regulation at 8 C.F.R provides that an Immigration Judge may grant a motion for a continuance for good cause shown. In making this determination, the Immigration Judge considers the arguments raised in the motion and any supporting documentation. Of course, the adjudication of a motion for a continuance is within the discretion of the Immigration Judge on a case-by-case basis. A) Many immigration judges working with detained children appear unaware of the process for obtaining the visa, which include the [sic] procedural delays that are not attributable to the respondents. Would EOIR consider setting up a special training program for Us working with detained children? All Immigration Judges are trained and qualified to handle cases involving juveniles. In certain Immigration Courts in which there is a large volume of these cases, OCIJ has set up special juvenile dockets. The Immigration Courts which have juvenile dockets are: Phoenix, Harlingen, San Antonio, El Paso, Houston, Los Angeles, San Francisco, San Diego, Seattle, New York, Miami, Chicago and Atlanta. 8. Philadelphia EOIR (OCIJ) When there is a long term absence of an IJ, the docket problems grow significantly. In Philadelphia, for instance, an entire month's worth of master and merits hearings had to be continued. In York, detained aliens await bond hearings due to under staffing that has only recently been alleviated after nearly a year of interim solutions. Other jurisdictions suffer from the same problems. In particular, Judge Ferlise has been off the bench, but is still deciding motions. This has resulted in situations where IJ Ferlise denies permission to admit evidence beyond the time set by the local rule, but the IJ who actually hears the case then admits the evidence. AILA's concern is not limited to Judge Ferlise. Although we have specific questions regarding his situation, AILA believes that a dialogue on this can be a basis for development of policy in this area. A) What is EOIR doing to assure prompt hearings, especially of detained aliens, when there is a breakdown in court staffing? The Headquarters Immigration Court (HQIC) is the primary means for addressing shortfalls in the availablility of hearing times for detained cases nationwide as well as in person details, when needed. York had only one Immigration Judge for ten months in On November 2,2006, Judge Andrew Arthur entered on duty and since that time the court has been fully staffed. Regrettably, it took longer than expected to bring a new judge on board at York. During the period the court had only one judge, the HQIC provided additional hearing coverage by video teleconference. There is one Immigration Judge in the Philadelphia Immigration Court out of four who currently is not hearing immigration cases. He has the authority of an Immigration Judge under the Immigration and Nationality Act and Title 8, Code of Federal Regulations, and can rule upon motions and other matters. We have had three judges plus at least one HQIC judge for the entire period that that judge has not been hearing cases. Additionally, we have had some in person details through December Case receipts in the Philadelphia Immigration Court, which does not hear detained cases, declined from

284 Fiscal Year 2005 to Fiscal Year Despite the decline in cases in Philiadelphia, there have continued to be at least four judges hearing cases in Philadelphia, which is the largest number of judges ever assigned to that court. For the second calendar quarter of 2007, most cases that were previously on the calendar of the judge not hearing cases are being or will be set on the calendar of one of the HQIC judges. A) What are the various forms of suspension that an I can undergo? How was Judge Levinsky's status handled during the investigation into his misconduct and eventual termination? Suspensions of all lengths are considered formal disciplinary measures, meaning that they are recorded in an employee's Official Personnel File (OPF). There are not varying "forms" of suspension. However, suspensions of 14 days or less are not appealable to the MSPB, though they may be grievable, and suspensions of 15 days or more are appealable to the MSPB. Immigration Judges have been assigned to duties off the bench in various circumstances, such as to attend additional training or to attend to tasks other than deciding cases. These assignments of work, which can result in a judge not hearing cases for a period of time, are not suspensions. EOIR does not discuss the details of any specific employee's status. However, depending on the nature of an investigation and the allegations raised, an Immigration Judge may be assigned duties off the bench or other projects if warranted. It is appropriate for most judges to remain on the bench during the resolution of most complaints. A) What is IJ Ferlise's current status within EOIR? Members are not asking for detailed personnel information, just transparency as to the process that is being undertaken. AILA members are concerned that although IJ Ferlise has been removed from hearing cases, he is still deciding motions that affect the outcome of cases. EOIR does not discuss the details of a specific employee's status. 10. Written Descriptions of Court Procedures in Immigration Courts (OCIJ) Many pro se respondents are very confused about the workings of the Immigration Court and have no advance preparation before they enter the court room for a master calendar. Would EOIR consider having written simple descriptions of what happens in immigration court in the Court waiting rooms? No legal advice would be included. Instead, these descriptions would include a description of the participants-the IJ, the DHS attorney, the translator, and the clerk, and would also contain information regarding the importance of appearing at hearings, and the telephone number for the Court (not included on an NTA) if there is any unforeseen and unavoidable problem with appearing. This could be done in several different languages and would help inform the participants. This is an excellent suggestion. A very simple written description of Immigration Court proceedings, such as those suggested by AILA, might be an appropriate companion to the Immigration Court Practice Manual, which OCIJ is currently drafting in response to the Attorney General's directive # 13. In addition, the Practice Manual itself is intended to help address this issue by providing guidance to pro se respondents. The Practice Manual will include comprehensive explanations of master calendar hearings and individual calendar hearings. Further, it will be written in a manner intended to be accessible to non-attorneys.

285 11. Overcrowded Court Dockets (OGC/OCIJ) The dockets in many immigration courts are overcrowded. For example, in New York City it is not unusual for an I to have more than 50 cases on a Master Calendar. One suggestion to ease the crowded court docket would be for the Immigration Judge to remand cases to the Asylum Unit when a non-detained respondent is applying defensively for asylum before the Court and there is no one year issue. This would remove the case from the calendar and allow the respondent to proceed before the specially trained Asylum Unit officers. If the Asylum Unit declines to grant the application, the respondent would return to the Immigration Court, and renew his application. Neither the respondent nor DHS would be prejudiced by this process, and it may work to ease the crowded court docket. AILA recognizes that both ICE and USCIS must cooperate in order for such a change to occur, and that it may not be appropriate for all immigration courts. Would EOIR consider raising this possibility in its liaison meetings with ICE and USCIS? Yes. EOIR will consider raising this issue at its liaison meeting with DHS. 12. Copies of ROP from EOIR (OCIJ and FOIA) (see, Question 5) Some AILA members have reported that their local Immigration Court, pursuant to a directive from the Chief Immigration Judge, has stopped providing them with copies ofdocuments from the Record of Proceeding unless they first file a FOIA request with the Office of the General Counsel for EOIR in Falls Church. This has caused concern, as often the only way to get a copy of the Notice to Appear, additional charges of removability, or other documents when the respondent is in proceedings before the Court is by reviewing the ROP. DHS is not usually very cooperative about supplying documents from its file, and frequently the relevant documents are missing from the DHS file. Both private bar and DHS attorneys rely on their ability to review the ROP and make copies of relevant documents in order to be prepared at the hearings before the Immigration Judge. Losing that ability may mean that [pro se respondents and even those who have attorneys] will be less prepared when appearing before the Court which will affect the efficiency of the Court. Has the Chief Immigration Judge issued such a directive? If so, what does the directive state? If such a directive has been issued, does it apply to all parties-respondents, attorneys, and DHS attorneys? If such a directive has been issued, would EOIR consider making an exception for such essential documents, such as the Notice to Appear, 1-261s, 1i decisions on motions, etc? Alternatively, would EOIR consider allowing copies of the ROP to be made but with a limit of the number of pages? The Office of the Chief Immigration Judge is not aware of such directive, and there has been no change in policy. Court staff have been advised to accommodate a party's request for a limited or reasonable number of copies of documents from the Record of Proceedings. If an individual needs a voluminous number of copies or a complete copy of a Record of Proceedings, however, the individual should file a FOIA request with the Office of General Counsel, Executive Office for immigration Review, FOIA Unit, Suite 2600, 5107 Leesburg Pike, Falls Church, VA Additional information about accessing the Record of Proceedings can be found in the response to question number 5 in the AILA-EOIR liaison agenda questions dated October 17, 2005, available at

286 Moutinho, Deborah (EOIR) Attachments: Rosen, Scott (EOIR) Tuesday, April 03, :35 PM Davis, John (EOIR) Draft Stipulated Removal Package (JRK ) (2) (3).doc; Stipulated Removal Order Granted wpd.wpd Good afternoon Judge Davis, Below are some comments I put together on the DHS stip request. I also made some minor revisions to the OClIJ order (attached) so that it more closely dovetails with the revised DHS stip, which is also attached. Please let me know if you have any other suggestions regarding the DHS stip or the OCIJ order. Regards, Scott * Consider changing the first sentence of the cover page to read "U.S. Immigration and customs enforcement ("ICE") and the respondent,, respectfully requests that the Court... " * Paragraph 3, consider changing the first sentence to read:: "I have been advised of my privilege to be represented, at my own expense, by an attorney or other qualified representative of my choice who is authorized to represent aliens in immigration proceedings." * Paragraph 14, consider changing the reference to "from the Attorney General" to "from the Secretary of Homeland Security of other authorized government official" or "United States Immigration Authorities." This would cover all the bases regardless of whether DHS or the Attorney General (IJ) handles the request for permission to re-enter. * Paragraph 3, consider deleting "person to." The sentence would then read: "I choose not to be represented by an attorney or other qualified representative and choose to represent myself in these proceedings." * Paragraph 11: change "written statement' to "written stipulation." * Paragraph 15, consider revising the first sentence to read: I have read this written stipulation before signing it or it has been read to me in a language that I understand before I signed It. (This dovetails with paragraph 12 of the OCIJ stip order.) * Paragraph 16: This paragraph beginning with the second sentence may be difficult for a pro se alien to understand. Draft Stipulated Removal Packa... Stipulated Removal Order Grant..

287 Moutinho, Deborah (EOIR) Rosen, Scott (EOIR) Tuesday, April 03, :31 AM Neal, David L. (EOIR) AILA responses Below are the responses (in bold). I will send to OGC by COB today. Ed and Brooke have reviewed them. The meeting with AILA is Wednesday, April 2 p.m. 1. AG's Directives (OGC, OCIJ and BIA) (see, Question 1) measures announced by the Attorney General. These include: : EOIR has fully implemented 9 of 22 ablmplementing a system to evaluate the performance of newly appointed Immigration Judges and Board members, * abrequiring all newly appointed Immigration Judges and Board members to pass a written exam prior to adjudicating cases, * ablmproving training for new appointees and developing a continuing education program for veteran Immigration Judges and Board members, * abdeveloping a training program to strengthen the ability of Board staff attorneys to perform their screening and drafting duties, * abcreating a more systematic way for Board members and Office of Immigration Litigation attorneys to report conduct, professionalism or quality concerns raised by particular Board or Immigration Judge decisions that they encounter in the course of their responsibilities, * abreviewing concerns raised regarding disparities in asylum grant rates and putting in place measures designed to assist in addressing these concerns, * abcreating a position of Assistant Chief Immigration Judge for Conduct and Professionalism to monitor and review all allegations of misconduct against Immigration Judges, * ablmproving transcription services, and * abdeveloping a process for referring complaints about immigration fraud and abuse. 2. The Clock-Work Authorization (OCIJ) (see, Questions 3 & 4 and. Questions 1, 2 & 3) A. Where an individual Respondent does not request an expedited asylum hearing but accepts the first date given to him by the judge at the master calendar hearing, does the clock stop? Apparently this has been the case in some courts. If the first date given by the court is accepted, the clock should not stop, and that this is not an alien-caused delay. The respondent has not caused a "delay" simply by accepting the "ordinary" merits hearing date. Would EOIR consider sending instructions to immigration judges around the country that where the alien accepts the "normal" hearing date that is offered by the court the clock should not stop and that this is not an alien cause delay of proceeding? There does not appear to be a delay here and, therefore, the clock should not be stopped. If AILA would like to identify which Immigration Courts are stopping the clock in this situation, OCIJ will look into the matter. EOIR does not plan, however, to send any special instructions to Immigration Judges on this issue.

288 B. Please clarify who controls the clock. If there is an issue with the clock should the Respondent go back to the judge or should the Respondent or his attorney contact the court administrator to correct the problem. If it cannot be corrected locally is there someone in Falls Church who can be contacted on clock issues? If a practitioner disagrees with the clock setting, the first step is to try to resolve the issue locally with either the Immigration Judge or the Court Administrator and thereafter with the Assistant Chief Immigration Judge having jurisdiction over the particular court. However, if at any point the result is unsatisfactory and the case is on appeal to the Board, the request should instead be directed to the Office of the General Counsel. Additional information about asylum clock inquiries can be found in the responses to questions 3 & 4 of the AILA-EOIR liaison agenda questions dated March 16, 2005, and questions 1, 2, and 3 of the AILA-EOIR liaison agenda questions dated October 17, These agendas questions are available at - respectively. 3. Courtroom Conditions (OCJ) Members have complained about the conditions under which their detained clients appear in court before the Immigration Court. Often respondents appear before the Court with only a few hours of sleep, because they were brought from distant prisons to the facility where the hearing is being held. Clients are also unable to bathe or eat before the hearing. In addition, they are frequently cold, because of the low temperatures in the courtrooms and in the holding cells where they are being held. Many detainees continue to be shackled at the arms and legs when they appear before the Court. They also must always appear in the ubiquitous prison jumpsuit. As a result of these conditions, detained clients suffer psychologically and physically, which in turn affects their ability to present their applications before the court in an appropriate manner. Given that a hungry, tired, dirty, cold, and psychologically depressed respondent is not an effective or coherent witness because of the detention and courtroom conditions, would EOlR consider developing fair standards for how detainees are to be treated in the courtroom? The conditions and security in DHS detention facilities as well as the treatment of detainees in DHS's custody are entirely under the control of DHS. Thus, any issues regarding such matters should be raised with DHS. Certainly, if any issues regarding a respondent's physical condition are raised in an individual case, the Immigration Judge can make a determination as to that respondent's ability to go forward with the case that day. Additionally, any issues regarding courtroom conditions should be raised with the Court Administrator. 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc.

289 C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rulemaking authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings. EOIR currently is working with DHS to create a uniform nationwide process for stipulated removals. EOIR will consider discussing AILA's suggestions with DHS as this process moves forward. 5. EOIR List of Free Legal Service Providers (OCIJ and OGC) EOIR distributes a list of free legal service providers pursuant to 8 C.F.R , et seq. A private attorney may ask to have his or her name placed on the list if they make a specified declaration: An attorney, as defined in (f) of this chapter, who seeks to have his or her name appear on the list of free legal services providers maintained by the Chief Immigration Judge must declare in his or her application that he or she provides free legal services to indigent aliens and that he or she is willing to represent indigent aliens in immigration proceedings pro bono. An attorney under this section may not receive any direct or indirect remuneration from indigent aliens for representation in immigration proceedings, although the attorney may be regularly compensated by the firm or organization with which he or she is associated. 8 C.F.R (d). Across the nation there are private attorneys on the free legal advice list who do not accept many pro bono cases, and who charge money for services. Their listing seems to be a form of advertising. Most state bars require attorneys to do some pro bono work, and most of us perform pro bono work even when not required. If this regulation were read loosely, nearly any attorney could appear on the list, but we do not believe that this regulation is designed to provide for free advertising for any private attorney who so desires. We believe that the last sentence is intended to make clear that a private attorney should be placed on the list only where they have a particular practice of accepting pro bono cases (as opposed to accepting cases only occasionally). Moreover, there is some harm to immigrants seeking legal help, who waste their time seeking free legal help from people who will not help them. A) Would EOIR consider guidance to the local immigration courts that would help to address this problem? EOIR shares AILA's concerns that the Free Legal Services Provider List not be used as a form of free

290 advertising for anyone who is not a true pro bono attorney. EOIR would welcome input from AILA on ways to improve the effectiveness and accuracy of the Free Legal Services Provider List. A) Would EOIR consider developing a standardized declaration for pro bono attorneys. which would require a statement not only that they take pro bono cases, but that they have a practice of never accepting payment from indigent aliens in removal proceedings? This is an excellent suggestion and EOIR is open to working with AILA on creating such a declaration. Additionally, EOIR will take under consideration drafting a change in the current regulations that govern the Free Legal Service Provider List. It is the goal of EOIR to have better referrals for the indigent immigrant population. In order to meet this goal the scope of the problem needs to be defined. Any information about specific incidents or general trends in the abuse of this list would be appreciated by EOIR. A) Is there a practice whereby Us or other practitioners may bring it to the attention of local or national EOIR that an individual on the free legal services list isn't a true pro bono attorney? Or alternately, does EOIR ever audit its free legal services list to ensure not only its technical accuracy, but its substantive accuracy? If an Immigration Judge, a practitioner, or a respondent is concerned that an attorney on the list does not provide pro bono services, the Court Administrator should be contacted. The Court Administrator will gather information about the complaint and, if appropriate, will forward it to OCIJ for further investigation. While EOIR currently does confirm that each attorney on the list is a member of the bar in good standing, we are reviewing our audit practices and procedures for future revision to ensure accuracy. 6. Los Angeles EOIR-Good Conduct Certificates (OCIJ) (see. Ouestion 1) Most of the Los Angeles area Immigration Judges require respondents to file a current California Department of Justice background check with relief applications. This requirement is in addition to the mandatory DHS biometric checks. If the California Department of Justice background check is not filed, the Immigration Judge will deny the respondent's application for relief. The California Department of Justice recently changed their delivery policy. They are no longer sending the background check results to the requesting attorney, but rather to the respondent's home. Many of the results are lost in the mail or misplaced Additionally, in detained cases, it is impossible for respondents to receive these checks due to their incarceration. Attorneys practicing before the Los Angeles EOIR have informed EOIR of this change; however, the Immigration Judges continue to require the California background check results. This requirement has become extremely prejudicial to the respondents and respondent's attorneys. Attorneys are facing ineffective assistance of counsel complaints due to the failure to file these checks that are no longer under their control. AILA is not aware of any other EOIR Immigration Courts requiring respondents to submit such background check results. Given the fact that extensive DHS background checks are now required and it has become much more difficult to obtain the California background checks, this requirement is redundant and overly burdensome. Would EOIR consider instructing Los Angeles EOIR to discontinue this practice? The Office of the Chief Immigration Judge has been advised that the Los Angeles Immigration Court does not require a California Department of Justice (CDOJ) check, but recommends that one be done if the respondent has any kind of criminal record and/or encounter with State of California law enforcement authorities. This is because the California check often contains more up to date

291 information. For example, the California check sometimes will have the disposition for an arrest listed that is not specified in the DHS check, thus providing a more complete picture at the time of the merits hearing. In addition, OC1J is not aware of any claim being denied for failure to do or complete a CDOJ check; at times, Immigration Judges may continue the case for completion of this check if the DHS check disclosed an arrest/court case without a disposition. If a DHS check disclosed a California criminal record without a disposition, the best way to clear the record is by either doing another DHS check to see if there is a disposition reported or asking for a CDOJ check to see if it gives more detailed information. 7. Continuances for Children Applying for S1JS Visas (OCIJ) The Special Immigrant Juvenile Visa process for detained minors has unique requirements requiring a state court to determine whether a child is eligible for long-term state foster care as a result of abuse, abandonment and neglect. INA 101(a)(27)(i)(i). As a precondition to entering state court, children in the custody of immigration authorities are required to request consent from the Attorney General. INA 101 (a)(27)(iii)(i). As no regulations have been promulgated by the agency, only memoranda have defined the parameters of the consent procedures. Effectively, the child must make a written request to John Pogash, the Juvenile Coordinator, asking for consent to proceed in state court with a dependency petition. The process of obtaining consent from Mr. Pogash creates a substantial delay. The Juvenile Coordinator typically requires that the child almost create aprimafacie case for the SIJS visa in the consent request. This requires that the child obtain identification document proving identity and age, corroborating evidence of the abuse, death or parents, or evidence of neglect/abandonment. Often, the Juvenile Coordinator will investigate the validity of the claim at this early stage in the case. The constitutionality of this process has been condemned by several district courts. This procedural quagmire is relevant to EOIR, because detained children in proceedings often need to request continuances for their case in order to obtain the necessary consent to enter state court. Further, if consent is denied or granted, the child will then either seek a district court injunction or will enter the state dependency process - both of which are lengthy legal processes. A) Is a detained child who is potentially eligible for the Special Immigrant Juvenile Status is [sic] legally permitted to seek a continuance in Immigration Court to pursue that statutory remedy? The ramifications of not allowing a child to seek a continuance could render the statutory right to [apply for] the visa a nullity. The regulation at 8 C.F.R provides that an Immigration Judge may grant a motion for a continuance for good cause shown. In making this determination, the Immigration Judge considers the arguments raised in the motion and any supporting documentation. Of course, the adjudication of a motion for a continuance is within the discretion of the Immigration Judge on a case-by-case basis. A) Many immigration judges working with detained children appear unaware of the process for obtaining the visa, which include the [sic] procedural delays that are not attributable to the respondents. Would EOR consider setting up a special training program for Us working with detained children? All Immigration Judges are trained and qualified to handle cases involving juveniles. In certain Immigration Courts in which there is a large volume of these cases, OCIJ has set up special juvenile dockets. The Immigration Courts which have juvenile dockets are: Phoenix, Harlingen, San Antonio, El Paso, Houston, Los Angeles, San Francisco, San Diego, Seattle, New York, Miami, Chicago and Atlanta. 8. Philadelphia EOIR (OCIJ) When there is a long term absence of an [J, the docket problems grow significantly. In Philadelphia, for

292 instance, an entire month's worth of master and merits hearings had to be continued. In York, detained aliens await bond hearings due to under staffing that has only recently been alleviated after nearly a year of interim solutions. Other jurisdictions suffer from the same problems. In particular, Judge Ferlise has been off the bench, but is still deciding motions. This has resulted in situations where IJ Ferlise denies permission to admit evidence beyond the time set by the local rule, but the IJ who actually hears the case then admits the evidence. AILA's concern is not limited to Judge Ferlise. Although we have specific questions regarding his situation, AILA believes that a dialogue on this can be a basis for development of policy in this area. A) What is EOIR doing to assure prompt hearings, especially of detained aliens, when there is a breakdown in court staffing? The Headquarters Immigration Court (HQIC) is the primary means for addressing shortfalls in the availability of hearing times for detained cases nationwide as well as in person details, when needed. York had only one Immigration Judge for ten months in On November 2, 2006, Judge Andrew Arthur entered on duty and since that time the court has been fully staffed. Regrettably, it took longer than expected to bring a new judge on board at York. During the period the court had only one judge, the HQIC provided additional hearing coverage by video teleconference. There is one Immigration Judge in the Philadelphia Immigration Court out of four who currently is not hearing immigration cases. He has the authority of an Immigration Judge under the Immigration and Nationality Act and Title 8, Code of Federal Regulations, and can rule upon motions and other matters. We have had three judges plus at least one HQIC judge for the entire period that that judge has not been hearing cases. Additionally, we have had some in person details through December Case receipts in the Philadelphia Immigration Court, which does not hear detained cases, declined from Fiscal Year 2005 to Fiscal Year Despite the decline in cases in Philiadelphia, there have continued to be at least four judges hearing cases in Philadelphia, which is the largest number of judges ever assigned to that court. For the second calendar quarter of 2007, most cases that were previously on the calendar of the judge not hearing cases are being or will be set on the calendar of one of the HQIC judges. A) What are the various forms of suspension that an i can undergo? How was Judge Levinsky's status handled during the investigation into his misconduct and eventual termination? Suspensions of all lengths are considered formal disciplinary measures, meaning that they are recorded in an employee's Official Personnel File (OPF). There are not varying "forms" of suspension. However, suspensions of 14 days or less are not appealable to the MSPB, though they may be grievable, and suspensions of 15 days or more are appealable to the MSPB. Immigration Judges have been assigned to duties off the bench in various circumstances, such as to attend additional training or to attend to tasks other than deciding cases. These assignments of work, which can result in a judge not hearing cases for a period of time, are not suspensions. EOIR does not discuss the details of any specific employee's status. However, depending on the nature of an investigation and the allegations raised, an Immigration Judge may be assigned duties off the bench or other projects if warranted. It is appropriate for most judges to remain on the bench during the resolution of most complaints. A) What is IJ Ferlise's current status within EOIR? Members are not asking for detailed personnel information, just transparency as to the process that is being undertaken. AILA members are

293 concerned that although IJ Ferlise has been removed from hearing cases, he is still deciding motions that affect the outcome of cases. EOIR does not discuss the details of a specific employee's status. 9. IJ Decisions provided with Transcripts (BIA) Some members have noticed that when they get a copy of the entire EOLR record file during their pursuit of a petition for review, that the IJs marked up the decision before it was sent to the BIA. The attorney does not get the corrected copy when she gets the written decision and the transcript. The attorney, therefore, is unable to prepare her memorandum of law on the decision that is actually in the EOIR record file. What can EOIR do to ensure that the attorneys for both respondent and the DHS get the corrected copy before they file their respective memoranda of law? 10. Written Descriptions of Court Procedures in Immigration Courts (OCIJ) Many pro se respondents are very confused about the workings of the Immigration Court and have no advance preparation before they enter the court room for a master calendar. Would EOIR consider having written simple descriptions of what happens in immigration court in the Court waiting rooms? No legal advice would be included. Instead, these descriptions would include a description of the participants-the IJ, the DHS attorney, the translator, and the clerk, and would also contain information regarding the importance of appearing at hearings, and the telephone number for the Court (not included on an NTA) if there is any unforeseen and unavoidable problem with appearing. This could be done in several different languages and would help inform the participants. This is an excellent suggestion. A very simple written description of Immigration Court proceedings, such as those suggested by AILA, might be an appropriate companion to the Immigration Court Practice Manual, which OCIJ is currently drafting in response to the Attorney Generals directive # 13. In addition, the Practice Manual itself is intended to help address this issue by providing guidance to pro se respondents. The Practice Manual will include comprehensive explanations of master calendar hearings and individual calendar hearings. Further, it will be written in a manner intended to be accessible to non-attorneys. 11. Overcrowded Court Dockets (OGC/OCIJ) The dockets in many immigration courts are overcrowded. For example, in New York City it is not unusual for an IJ to have more than 50 cases on a Master Calendar. One suggestion to ease the crowded court docket would be for the Immigration Judge to remand cases to the Asylum Unit when a non-detained respondent is applying defensively for asylum before the Court and there is no one year issue. This would remove the case from the calendar and allow the respondent to proceed before the specially trained Asylum Unit officers. If the Asylum Unit declines to grant the application, the respondent would return to the Immigration Court, and renew his application. Neither the respondent nor DHS would be prejudiced by this process, and it may work to ease the crowded court docket. AILA recognizes that both ICE and USCIS must cooperate in order for such a change to occur, and that it may not be appropriate for all immigration courts. Would EOIR consider raising this possibility in its liaison meetings with ICE and USCIS? Yes, EOIR will consider raising this issue at its liaison meeting with DHS.

294 ., 12. Conies of ROP from EOIR (OCIJ and FOIA) (see Question 5) Some AILA members have reported that their local Immigration Court, pursuant to a directive from the Chief Immigration Judge, has stopped providing them with copies of documents from the Record of Proceeding unless they first file a FOIA request with the Office of the General Counsel for EOIR in Falls Church. This has caused concern, as often the only way to get a copy of the Notice to Appear, additional charges of removability, or other documents when the respondent is in proceedings before the Court is by reviewing the ROP. DHS is not usually very cooperative about supplying documents from its file, and frequently the relevant documents are missing from the DHS file. Both private bar and DHS attorneys rely on their ability to review the ROP and make copies of relevant documents in order to be prepared at the hearings before the Immigration Judge. Losing that ability may mean that [pro se respondents and even those who have attorneys] will be less prepared when appearing before the Court, which will affect the efficiency of the Court. A) Has the Chief Immigration Judge issued such a directive? If so, what does the directive state? B) If such a directive has been issued, does it apply to all parties-respondents, attorneys, and DHS attorneys? C) If such a directive has been issued, would EOIR consider making an exception for such essential documents, such as the Notice to Appear, 1-261s, IJ decisions on motions, etc? Alternatively, would EOIR consider allowing copies of the ROP to be made but with a limit of the number of pages? The Office of the Chief Immigration Judge is not aware of such directive, and there has been no change in policy. Court staff have been advised to accommodate a party's request for a limited or reasonable number of copies of documents from the Record of Proceedings. If an individual needs a voluminous number of copies or a complete copy of a Record of Proceedings, however, the individual should file a FOIA request with the Office of General Counsel, Executive Office for immigration Review, FOIA Unit, Suite 2600, 5107 Leesburg Pike, Falls Church, VA Additional information about accessing the Record of Proceedings can be found in the response to question number 5 in the AILA-EOIR liaison agenda questions dated October 17, 2005, available at

295 Moutinho, Deborah (EOIR) Attachments: Lang, Steven (EOIR) Thursday, April 19, :33 AM Rosen, Scott (EOIR) FW: Stip Script Stip Present Script finall.wpd; Stip Present Script 6.wpd Hi Scott, Attached are two versions of the latest draft video script covering pro se requests for stipulated orders of removal - one version is redlined/strikeout, the other cleaned up (the text is the same, though). Also, as I mention below in my to Bruce, it is important that the stip request form cover areas such as voluntary departure, bond and parole (as covered by the video script). In El Paso, our EOIR LOP subcontractor is working with local ICE and the court to design a weekly pro se self-help workshop for newly-detained aliens interested in applying for stips. The LOP subcontractor would go through the form, explaining each part while the detainees fill the forms out on their own. Immediately afterwards, the subcontractor would leave the room and an ICE deportation officer would enter, read aloud the form and then sign the backs of each detainees form (certifying that the officer has read the form to the detainee). The officer would then collect the forms and submit this to Chief Counsel. Let me know if you have any questions. Thanks, Steve Stip Present Script Stlp Present Script finall.wpd... 6.wpd Original Message----- Lang, Steven (EOIR) Wednesday, April 18, :17 PM Gipe, Bnice (EOIR) Cc: Rosen, Scott (EOIR); Nimick, Lockhart (EOIR) RE: Stip Script Hello Scott and Bruce, I liked Bruce's additional edits and will incorporate them all into the draft. Bruce, are your comments considered BIA input or OCIJ input? (I had sent over the draft to the BIA for their input a couple of weeks ago). Also, as regards the unpublished 9th Circuit decision that Scott noted, our script sufficiently covers voluntary departure, as well as other non-relief areas like bonds and parole. Thanks, Steve Original Message----- Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Cc: Rosen, Scott (EOIR) FW: Sup Script Hi Steve,

296 Per Scott's request, I'm attaching a copy of the redlined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce << File: Stipulated Removal Order Script.wpd >> -----Original Message----- Rosen, Scott (EOIR) Seat: Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) Stip Scipt Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of 2

297 any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

298 EOIR Legal Orientation Program Presentation Script for Stipulated Removal Group (As of 4/18/07) This presentation was created by the immigration court to assist individuals being detained by the United States Immigration and Customs Enforcement (ICE), a part of the Department of Homeland Security (DHS). The purpose of this presentation is to help you understand your rights and decide if you want to request a hearing before an immigration judge regarding your case. I. Understanding your rights under Immigration Law We know that being detained can be very difficult for you and your loved ones. You may not understand why you are here or what you can do. This video was made to help you understand your rights and decide if you want to see an immigration judge regarding your case. If you decide that you do not want to have a hearing before an immigration judge, and do not want to fight to stay in this country, you can ask for a "Stipulated Order of Removal." A Stipulated Order of Removal will speed up your return to your country. But before you make this decision, please pay close attention to the information in this video. Because immigration law is very complicated, you may want to hire a lawyer to represent you. For those of you who want a lawyer but cannot afford one, there may be free or low cost legal services in the area where you are detained. If there is no one available to help you, you can still speak to the judge on your own. II. THE COURT PROCESS You are currently being detained by the United States Immigration and Customs Enforcement, or "ICE." an agency of the U.S. Government which some also call the "Immigration Service." The Immigration Service says that you are in the country illegally and that unless you have the right to stay in the United States you have to leave. There are several legal ways the Immigration Service can remove you from the country. This video is made for people who are deciding whether or not they should ask for a hearing before an immigration judge. You should have received a document called a "Notice to Appear."also called Form If you did not receive a Notice to Appear, you may not be in removal proceedings and the information I will give in this presentation may not apply to your case. Ifyou do not understand why you are being detained, or want to know if you should have a Notice to Appear, you should talk with an immigration officer.

299 For those of you who are in removal proceedings, there are different reasons why you may be here. For some of you, the Immigration Service says that you should be removed because you do not have permission to be in the United States. Others of you came here legally with a visa or you have legal permanent residency, but the Immigration Service says that you committed a crime or violated an immigration law and that you should now be removed. The Immigration Service's reasons, or "charges," for removing you from the country are listed on your "Notice To Appear." The Notice to Appear contains information the Immigration Service believes to be true about you, including where you were born, the date and way you came to the United States and whether you violated any criminal or immigration laws. It also explains why the Immigration Service thinks you have to leave the United States. It is very important for you to review the information in the Notice to Appear carefully. If you do not think the in formation is correct or you want to see evidence about your case, then you should wait to have a hearing with the immigration judge. Pay close attention to see if the Immigration Service says that you have been convicted of an aggravated felony. This charge has very serious consequences that I will describe later. Being in removal proceedings means that you have certain rights. These rights include: * The right to be represented by an attorney or other representative, but not at the expense of the government; * The right to have a hearing with an immigration judge; * The right to apply for relief from removal from the United States, also known as a "defense" Before you make a decision to request a Stipulated Order of Removal, please pay close attention to the information I will now discuss to see whether you should wait to see an immigration judge. If you choose to have a hearing with an immigration judge, you will probably have to wait a few days or more than a week. The wait varies greatly from place to place, so you should ask about the wait for individuals detained where you are. Also, whether you choose to end your case now or have a hearing with the immigration judge, it is important for you to understand the consequences of any removal order, including a stipulated order of removal: First, if you are ordered removed, you lose any permission you have to stay in the United States; Second, if you are ordered removed, you cannot legally return to the United States any time soon. It can be ten years or more depending on your case. If this is your second removal, you cannot return for twenty years; Third, if you were convicted of an "aggravated felony" you may never be able to return.

300 Sometimes, you can get permission from the Secretary of Homeland Security to come back before the waiting period is over, but it is very difficult to get this permission. And, even after the waiting period is over, you still will have to have a way to come back legally, for example, with a tourist visa, visitors visa, or family visa. Remember, it is a serious crime to reenter the United States without permission after you have been removed from the country. If caught, you can be charged as a criminal, and if found guilty, you can be sentenced to prison for up to twenty years. The sentence will depend on your criminal history. The Immigration Service can also deny you permission to ever return to the United States ifyou reentered illegally after being ordered deported or removed. Ill. DEFENSES Please pay careful attention as I now talk about ways in which you can try to remain in this country legally. These ways are called "forms of relief' or legal defenses. If you think you may be eligible for any of these defenses, then you should wait to have a hearing to speak with the immigration judge. I will discuss eight main defenses. 1. Citizenship The first defense is a claim to United States citizenship. Sometimes people are United States citizens but do not realize it. United States citizens cannot be removed from the United States and must be released from detention. You may be a citizen if you answer "yes" to one of these questions: 1. Were you born in the United States? 2. Do you have a parent or grandparent born in the United States? 3. Do you have a parent or grandparent who became a U.S. citizen before you were born? OR 4. Did at least one of your parents become a citizen before you turned 18 years old? If you answered "yes" to any of these questions, you should tell an immigration officer and the immigration judge that you believe you may be a U.S. citizen. If you believe you may be a citizen, you should have a hearing with the immigration judge. 2. Asylum and other protection if you fear harm in your home country The second defense is called "Asylum" but also includes "Withholding of Removal" which is very similar. If you have been harmed in your country, or if you fear returning to your country, you should tell the immigration judge. You may be able to ask for asylum in the United States if you fear you will be threatened or harmed if you return to your own country or if you have suffered harm there in the past. The threat or harm must come from the government or someone the government

301 cannot or will not control. You must also show that the threat or harm is because of your race, religion, nationality, political beliefs, or your membership in a certain group of people. A lawyer or representative familiar with immigration law can help you decide if you have a valid claim based on your membership in a certain group. If you cannot find a lawyer or representative to help you, but you think you may quality for asylum based on your membership in a certain group of people, you can ask to speak to the immigration judge. Another form of protection is available if you believe you may be tortured if you return to your country. Under the Convention Against Torture, the United States will not return a person to a country where they will likely be tortured by a government official. You should tell the Immigration Service and the immigration judge if you fear torture in your home country by the government. However, if the only reason you left your country was to look for work and you do not have any fear of returning, then you probably do not qualify for Asylum or protection under the Convention Against Torture. 3. Cancellation of Removal The third defense against removal is "Cancellation of Removal." This form of relief is for individuals who have lived in the United States for a long period of time. There are three types of Cancellation of Removal - 7 year, 10 year, and 3 year Cancellation. 7 Year Cancellation is for legal permanent residents (also known as "green card" holders). If you are a legal permanent resident who violated certain immigration laws or committed certain crimes in this country, you may lose your legal permanent residency and be ordered removed. However, in certain cases you can ask for Cancellation of Removal to forgive these immigration violations. If you win your case, you can keep your legal permanent residency and continue living in the United States. To apply for this type of Cancellation you need to have had your green card for at least 5 years and been living legally in this country for at least the past 7 years. In addition, you cannot have committed certain crimes. The second type of Cancellation - 10 Year Cancellation - is for individuals who have lived in the United States, without permission (such as a green card), for at least 10 years. If you get this type of Cancellation you will receive legal permanent residence and can remain in this country legally. To apply, you have to have lived in the United States for at least tn years and have a spouse, parent or child who is a U.S. citizen or legal permanent resident (a green card holder) who would suffer exceptional and extremely unusual hardship if you were removed. Other family members do not count. Also, you cannot have committed certain crimes and must show that you have been a person of good moral character.

302 The last type of Cancellation is 3 Year Cancellation. If you have lived in the United States for at least three years and have been battered, abused or treated very cruelly by a spouse or parent who is a U.S. citizen or legal permanent resident, you may qualify for this type of Cancellation. You may also qualify if your child was abused by his or her other parent. Again, you can only apply if you have not had certain criminal problems. The law on Cancellation of Removal is very complicated. So, if you are interested in knowing more about any of these types of Cancellation of Removal, you should speak with the immigration judge. 4. NACARA Another type of defense is called NACARA. You may qualify under this defense and get legal permanent residency if you are from Guatemala, El Salvador, the former Soviet Union or Eastern Europe, and you applied for asylum in the United States before certain dates in 1990 or You may also qualify if you have a spouse or unmarried child who meets these requirements. If this applies to you, you should speak with the immigration judge. 5. Registry Another type of defense for individuals who have lived in the United States for a very long period of time is called "Registry." If you have lived in this country since the beginning of 1972, you should speak with the immigration judge. 6. Adjustment Through Family Another defense is called "adjustment through family" or "family unity." Sometimes a family member who is a citizen or legal permanent resident can apply to get you a green card, or legal permanent residence. Only close family members can file a petition for you to become a permanent resident. These are: *a spouse who is a U.S. citizen or legal permanent resident; *a parent who is a U.S. citizen or legal permanent resident; *an adult child 21 years or older who is a U.S. citizen; *or a sibling who is a U.S. citizen. This relative must file a petition with the Immigration Service proving your relationship. The Immigration Service must then approve that petition. Once the petition is approved, the waiting process for legal residency is best described as having to stand in line. The wait may be several years or longer, depending on what country you are from and which family member is sponsoring you. With certain family members you have to wait in line a long time to get your green card, especially brothers and sisters. With others, you can go right to the front of the line, especially if you have a U.S. Citizen spouse.

303 If your petition has been approved, or is very close to being approved by the Immigration Service, you may be able to finish the adjustment process with the immigration judge, instead of having to leave the United States and apply from your home country. If no petition has been submitted, or if your petition is not close to being approved by the Immigration Service, you still face being removed from the United States. However, when your petition is finally approved, you may be able to return to the United States after you obtain your visa through the U.S. Consulate in your home country. As with other defenses, you cannot get a residency card through a family member if you have committed certain crimes. If you think you may qualify for this defense, you should talk with the immigration judge. Be sure to tell the judge if any of your close family members are U.S. citizens or legal permanent residents. Also, show the judge any papers that these family members have filed for you and any letters from the Immigration Service about those papers. The judge will tell you whether you are at the front of the line or whether your crimes or illegal status bar you from adjusting through your family. 7. Other Special Visas The seventh defense is through special visas. They are the S, T, U, and V visa. *The "S" visa may be available to certain individuals who provide the government with important information about crime or terrorism. If you think you may qualify for this visa, you should talk to an immigration officer. *The "T" visa may be available to you if you are a victim of severe trafficking. "Trafficking" means being recruited, smuggled, or otherwise brought into the country through the use of force, fraud, or coercion to perform forced labor, debt bondage, slavery, or prostitution. To apply, some of the things you must show are: * That you are a victim of a severe form of trafficking; * That you have cooperated with the U.S. government against this trafficking; and * That you will suffer great hardship if you are removed. If you think you qualify, you should talk to an immigration officer who can assist you to apply. *The "U" visa may be available to you if you are a victim of a serious crime in the United States. These crimes include rape, torture, trafficking, assault, incest, domestic violence, sexual assault, female genital mutilation, prostitution and other serious crimes. To apply, you have to show: * That you suffered serious physical or mental abuse

304 * And that you have information about the crime and the government says that you are helping them to stop it or punish those responsible. If you think you may qualify, you should contact an attorney. You can also ask for information from an immigration officer. * The "V" visa assists certain spouses and children of legal permanent residents to stay in the United States while they are waiting for their visa to be ready. This may apply to you if your legal permanent resident spouse or child filed a petition for you before December 22, 2000 and you have been waiting at least 3 years. You may also be able to apply for a visa on your own if you have suffered extreme cruelty or physical abuse from your spouse or parent who is a U.S. citizen or legal permanent resident. You may also apply if your child has been abused by his or her United States citizen or legal permanent resident parent. If you are interested in knowing more about any of these visas, you should talk with an immigration lawyer if you have one, or with an immigration officer. H. Voluntary Departure The last defense I will describe is called "voluntary departure". If you do not qualify for any of the defenses I just described but want to try to return to the United States legally in the future, you should consider asking the immigration judge for voluntary departure. You will not qualify for voluntary departure if you have been convicted of an aggravated felony. If you are granted voluntary departure while you are detained, you will be removed from the United States and lose any permission you had to stay in this country. You will also be required to pay for your trip home, which may vary depending upon where you come from. If you come from Mexico, for example, the cost of the trip home may be inexpensive. However, if you are being returned to Central America. the cost of a plane ticket may be hundreds of dollars. If you do not have another defense, then voluntary departure may be better than being ordered removed. Remember, if you leave through an order of removal, including a Stipulated Order of Removal, you cannot return to the United States for ten years or more. But, if you leave through voluntary departure, there is a chance you can return in less time if you have a family visa, employment visa, tourist visa or a visitor's visa. If you are interested in applying for Voluntary Departure, you should see the immigration judge. IV. Release From Detention

305 I have just described some of the possible ways you may be able to stay in the United States legally or leave without a harsh penalty. If you decide the fight your case, you may be able to do so outside of detention by getting released on a "bond" or on "parole." A bond is money you pay to the U.S. government as a guarantee that you will attend all your immigration hearings and appointments with immigration officers. You promise to obey the judge's order at the end of your case, even if you have to leave the United States. If you keep your promise, you will get your money back after your case is over whether you win or lose. However, if you miss an immigration court hearing or interview, or ifyou do not leave the United States when you are told to, you will lose the bond money. In general, if you were arrested after you entered the country, you are eligible for bond unless you have certain criminal convictions or are considered a threat to national security. Bonds are set by the Immigration Service, and can be very high or as low as $1,500. You can ask the immigration judge to lower the bond amount at a bond hearing. Depending upon your case, the judge may decide to lower your bond amount, keep it the same, or raise it. In deciding whether to lower your bond, the immigration judge will consider whether he or she believes that you will continue to attend your immigration court hearings and obey the law outside detention. Also, thejudge will not lower your bond if the judge believes that you will run away or are a danger to people or property in the community. V. Conclusion If you think you may be able to apply for any of the defenses discussed earlier, then you may want to have a hearing and speak to an immigration judge. If you decide to see the immigration judge and fight your case, you should try to get a lawyer or legal services agency to assist you, especially if you have any criminal convictions. They can help you fill out forms, prepare your case, and speak to the judge. However, if you are not able to find legal assistance, you can still fight your case on your own. If you are not interested in fighting your case, and you don't want to wait to have a hearing with an immigration judge, you can ask an immigration officer to help you apply for a Stipulated Order of Removal. If you sign a Stipulated Order of Removal you will not appear before an Immigration Judge. In order to receive this, it is very important that you understand what I've explained in this presentation. You should also read and completely understand the written request that the immigration officer will assist you in filling out. If you do not understand the written request, you should inform the immigration officer that you do not understand. Also, your decision to ask for removal should be yours, and you should not feel forced or under pressure to make this request.

306 If you have additional questions, you can contact ***?? Thank you for your attention and good luck with your decision. VOICEOVER: The information in this video is not intended to give you individual advice about your case or act as a substitute for legal counsel. We suggest you contact a lawyer or a legal services organization to get specific information about your immigration case. [Approximately 22 minutes of read time.] 9

307 . EOIR Legal Orientation Program Presentation Script for Stipulated Removal Group (As of 4/18/07) This presentation was created by the immigration court a nun-plufit m1ignaataun oldh atsists to assist individuals beinw fr-indiidtrols detained by the United States Immigration and Customs Enforcement- (ICE), a part of the Department of Homeland Security (DHS). The purpose of this presentation is to help you understand your rights and decide if )ou want to request a hearing before an imniigration judge regarding your case. w1. me considering whiedf u un nut ' -... fli l.t~ll, ~. rill'. ai ii, I. Understanding your rights under Immigratic We know that being detained can be very difficu understand why you are here or what you can do. TI rights and decide if you want to see an immigratior ne If you decide that you do not want to have a hearing want to fight your-ase to stay in this country, you 30uu as y Fuosb1v tugi olht i, C1.J a "Stipulai Removal wili speed up your return to your country. close attention to the information in this video. Because immigration law is very complicated, you those of you who want a lawyer but cannot afford c in the area where you are detained. If judge on your own. rant to, there ila -Iq be fre help y d do not nmtry as Order of ease pay you. For services ak to the II. THE C( You are cur "ICE." an a Immigration stay in the L There are se is made fot immigratior called Form If you did information nrnigration and Customs Enforcement, or also call the "Immigration Service' The gaily- and that unless you have the right to vice can remove you from the country. This video or not they should ask for a hearing before an ived a document called a "Notice to Appear."also ou may not be in removal proceedings and the ot apply to your case. If you do not understand why

308 you are being detained, or want to know if you should have a Notice to Appear, you should talk with an immigration officer. For those of you who are in removal proceedings, there are different reasons why you may be here. For some of you, the Immigration Service says that you should be removed because you do not have permission to be in the I Inited States country. Others of you came here legally with a visa or you have legal permanent residency, but the Immigration Service says that you committed a crime or violated an immigration law and that you should now. be removed. The Immigration Service's ' ~~~~ 4r ^ -I X A----" reasons, or c argues. ovi ig u iii the tuwuy SC on yur ULt The Notice to Appear contains information the Immigration Servic including where you were born, the date and way you came to the 1 violated any criminal or immigration laws. It also explains why the I have to leave the United States. It is very important for you to review the information in the Notice not think the information is correct or you want to see evidence abt should wait to have a hearing with the immigration judge. Pa Immigration Service says that you have been convicted of an aggraw serious consequences that I will describe later. Being in removal proceedings means that you havt * The right to be represented bx an attorney or odhe at the expense of the government; * The right to have a hearing with at * The right to apply for relief from r :ari I then you ee if the has very fde: conmset, but not a "defense" Aslaei judge, wid- YOU-nMybe ofemnoval. close attenti immigration u-d e" rt nrraio 1 yvtn ctme ow, e through what is calledj 4 %tplafd ordet a Stipulated Order of Removal, please pay 6ce whether ornot you should wait to see an Ifyou choose or more thae for individu Also, wheti important ft of removal: ion judge, you will probably have to wait a few days m place to place, so you should ask about the wait or have a hearing with the immigration judge, it is :s of any, removal order, including a stipulated order

309 First, if you are ordered removed, you lose any permission you have to stay in the United States; Second, if you are ordered removed, you cannot legally return tothe United States any time soonfor atleast. It can be ten years or more depending on your case. If this is your second removal, you cannot return for twenty years; Third And, if you were convicted of an "aggravated felony" you may never be able to return. 0T11e1111e~m instance, you can get permission from thiecuy 1o come back before the waiting period is over, but it is very difficult to get this permit after the waiting period is over, you still will have to have a way to come back lega with a tourist visa, visitors visa, or family visa. Remember, it is a serious crime to reenter the United States without removed from the country. If caught, you can be charged as a cri mi na you can be sentenced to prison for up to twenty years. The sentenc on your criminal history. The Immigration Service can also deny y the United States if you reentered illegally after being ordered depc on IlI. DEFENSES Please pay careful attention as I now talk about wa: legally. These ways are called "forms of relief' or] able-to-apply for any of these defenses, then you s immigration judge. Pn this country may be eligible speak with the I will discuss eight main defenses. 1. Citizens] The first del but do not r released fro 1. Were yoi 2. Do you b 3. Do you h OR 4. Did at le If you answ immigration citizen, you te sometimess people are United States citizens moved from the United States and must be uswer "yes" to one of these questions: he United States? ame a U.S. citizen before you were born? en before you turned 18 years old? s, you should tell an immigration officer and the U.S. citizen. If you think believe you may be a migration judge.

310 2. Asylum and other protection if you fear harm in your home country The second defense is called "Asylum" but also includes "Withholding of Removal" which is very similar. If you have been hanned in your country-. or if ou fear returning to your country, you should tell the immigration judge. You may be able to ask for asylum in the United States if you fear you will be threatened or harmed if you return to your own country or if you have suffered harm there in the past. The threat or harm must come from the government or someone the government + il t # l Y1 X l - L, h L h - h i. -. V,,. cano or w no cotio. ou must a so s ow Lt Lt t trel or arm s ecat religion, nationality, political beliefs, or your membership in a certain group of peo representative familiar with immigration la\\ can help you decide if you have a vali your nieibership iii a certain group. lfoi cannot you think you nav qualify for asylum based on yot can ask to speak to the imnigration judge. Another form of protection is available if you bel country. Under the Convention Against Torture, country where they will likely be tortured by a govel Service and the immigration judge if you fear tortu However, if the only reason you left your country w of returning, then you probably do not qualify fo Against Torture. migration ment. any fear invention 3. Cancellation of Removal The third defense against removal is is for individuals who have lived ir types of Ca] 7 Year Can are a legal ] in this coun in certain c, If you win y States. To apply fo been living committed i The second United State ofrelief are three [so known as "green card" holders). If you nigration laws or committed certain crimes tiency and be ordered removed. However, 'al to forgive these immigration violations. rmanent residency and continue living in the United to have had your green card for at least 5 years and st the past 7 years. In addition, you cannot have cellation- - is for individuals who have lived in the as a Lreen card). for at least 10 years. If you get this

311 type of Cancellation you will receive legal permanent residence and can remain in this country legally. To apply, you have you to have lived in the United States for at least ten years and have a spouse, parent or child who is a U.S. citizen or legal permanent resident (a green card holder) who would suffer extreme exceptional and extremely unusual hardship if you were removed. Other family members do not coit. Also, you cannot have committed certain crimes and must show that you have been a person of good moral character. The last type of Cancellation is 3 Year Cancellation. If you have lived in the least three years and if-you have been battered, abused or treated very cruelly b who is a U.S. citizen or legal permanent resident, yo may also qualify if your child was abused by his ot you have not had certain criminal problems. The law on Cancellation of Removal is very compli about any of these types of Cancellation of Remova 4. NACARA Another type of defense is called NACARA. Yo permanent residency if you are from Guatemala, E Europe, and you applied for asylum in the United S may also qualify if you have a spouse or unmarriec If this applies to you, you should sr rati udge. 5. Registry this dei movi -ni oi Q et T get legal Eastern 91. You Another tyl of time is c should spea 6. Adjustm e 1I ig period country since the beginning of 1972, you Another de member wt permanent 3 Only close. *a spouse v *a parent w *an adult cl N family" or "family unity." Sometimes a fnily resident can apply to get you a green card. or legal for you to become a permanent resident. These are: nent resident; ent resident; citizen;

312 Li a-. *or a sibling who is a U.S. citizen. This relative must file a petition with the Immigration Service proving your relationship. The Immigration Service must then approve that petition. Once the petition is approved, the waiting process for legal residency is best described as having to stand in line. The wait may be several years or longer, depending on what country you are from and which family member is sponsoring filed-for you. With certain family members you have to wait in line a long time to get your residency green card, especially' brothers and sisters such- atr 1 siblings. With others, you can go right to the front f thq li 1: o0 ne, soc iwi especa N youf av a o. Lzen spouses. If your petition has been approved, or is very close to being approved by the In you may be able to fnish the adjust leave the United States and apply frc If no petition has been submitted, Immigration Service, you still face 1 petition is finally approved, you may through the U.S. Consulate in your I As with other defenses, you cannot committed certain crimes. If you think you may qualify for this to tell the judge if any of your close f Also, show the judge any papers thal the Immigration Service about those the line or whether your crimes or il] rs;: rfi led 1 ers h. vill iou wi fr adj yusti ou have Be sure residents. ers from front of ly. 7. Other sr!-i ' --. The seventh S ,. J... *The "S" vi information an immigral *The "T" vi being recrui coercion i- servrces. nportant tink you may quality tor this visa, you should talk to e a victim of severe trafficking. "Trafficking" means it into the country through the use of force, fraud, or t bondage, slavery, or prostitution commercial-sex To apply, s( re: * That you are a victim of a severe form of trafficking;

313 * That you have cooperated with the U-. S. government against this trafficking; and * That you will suffer great hardship if you were are removed. If you think you qualify, you should talk to an immigration officer who can assist you to apply. *The "U" visa may be available to you if you are a victim of a serious crime in the United States. These crimes include rape, torture, trafficking, assault, incest domestic violence, sexual assault, female genital mutilation, prostitution or and other serious crimes. To apply, you have to show: * That you suffered serious physical or mental abuse * And that you nave information ahoul the crn them to stop it or punish those responsible. If you think you may qualify, you should contact an an immigration officer. fi * The "V" visa assists certain spouses and children States while they are waiting for their visa to bt permanent resident spouse or child filed a petition I been waiting at least 3 years. You may also be able to apply for a visa on your o) physical abuse from your spouse or parent who is, may also apply if your child has been abused by his resident parent. If you are interested in knowing more law yer ifn i r citize nave er Unm e United iur legal you have ruelty or nt. You rmanent igration H. Volunt The last del defenses I j should con voluntary d If you are g States and I your trip ho for exaniplc being return If 7 - arture". If you do not qualify for any of the turn to the United States legally in the future, you for voluntary departure. You will not qualify for of an aggravated felony. uare detained, you will be removed from the United in this country. You will also be required to pay for n where you come from. If you come from Mexico, latively inexpensivelike-s-20. However, if you are a plane ticket may be hundreds of dollars.

314 If you do not have another defense, then voluntary departure may be better than being ordered removed. Remember, if you leave through an order of removal. including a Stipulated Order of Removal. you cannot return to the United States for ten years or more. But, if you leave through voluntary departure, there is a chance you can return in less time if you have with a family visa, employment visa, tourist visa or a visitor's visa. If you are interested in applying for Voluntary Departure, you should see the immigration judge. IV. Release From Detention I have just described some of the possible ways you may be able to or leave without a harsh penalty. If you decide the fight your case, y of detention by getting released on a "bond" or on "parole." A bond is money you pay to the U.S. government as a guarantee pror immigration hearings and appointments with immigration officers. order at the end of your case, even if you have to leave the United S you will get your money back after your case is over whether you w an immigration court hearing or interview, or if you to, you will lose the bond money. In general, if you were arrested after you entered t have certain criminal convictions or are considered nit ble wi I ejudge's promise, you miss h are told ond unless you Bonds are set by the Immigration Sen be as low as $1,500. You can ask hearing, sisc decide to lo, U7 In deciding' he or she bel outside detei run awa\ or il W. orheynay mount at a bond,the judge may vetr-bond. migration judge will consider whether or-not Emigration court hearings and obey the law )nd ifshe/he the judge believes that you will in the community. V. Conclusi Ifyou think to have a he, fight your ca f the defenses discussed earlier, then you may want idge. If you decide to see the immigration judge and 'legal services agency to assist you. especially if you

315 have any criminal convictions. They can help you fill out forms, prepare your case, and speak to the judge. However, if you are not able to find legal assistance, you can still fight your case on your own. If you are not interested in fighting your case, and you don't want to wait to have a hearing with an immigration judge, you can ask an immigration officer to help you apply for a Stipulated Order of' Remove l fil 't 4 q;t b for stp1 0 &d I i 1 ti J idikvi." It O sign Stipulated Order of' emo a y w Iu not ppelar ere an immilgra on u ge. n o er to rece ve tj a very important that you understand what I've explained in this presentation. You and completely understand the written request that the immigration officer will ase out. If Lou do not understand (he written request. Not do not understand. Also, your decision to ask for re forced or under pressure to make this request. If you have additional questions, you can contact * Thank you for your attention and good luck with yc VOICEOVER: The information in this video is n, your case or act as a substitute for legal counsel. We organization to get specific information about your tce about services

316 Ieborah (EOIR) Gipen ruc n(eflir)~-- - Wednesday, April 18, :54 AM Rosen, Scott (EOIR) RE: Stip Script Ok- thanks Original Message----- Fmm: Rosen, Scott (EOIR) Wednesday, April 18, :38 AM Gipe, Bruce (EOIR); Lang, Steven (EOIR) RE: Stip Script Bruce, You may wish to review the recent 9th Cir. stip decision in U.S. v. Nungary-Rubalcaba, 2007 WL Scott Original Message---- Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Cc: Rosen, Scott (EOIR) FW: Stip Saipt Hi Steve, Per Scott's request, I'm attaching a copy of the reclined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce << File: Stipulated Removal Order Script.wpd >> Original Message----- Rosen, Scott (EOIR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) Stip Script Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request, which would include blanks

317 that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident, etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

318 Moutinho, Deborah (EOIR) Cc: Lang, Steven (EOIR) Wednesday, April 18, :04 PM Gipe, Bruce (EOIR) Rosen, Scott (EOIR) RE: Stip Script Thanks, will do. - Steve -----Original Message----- Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Cc: Rosen, Smtt (EOIR) FW: Stip Script Hi Steve, Per Scott's request, I'm attaching a copy of the redlined WP script regarding stipulated orders of removal. Let me now if you have any questions. anks, Bruce << File: Stipulated Removal Order Script.wpd >> Original Message----- Rosen, Scott (EOTR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) Stip Script Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be. we suggest: A. That the Court develop a model stipulated removal request, which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the

319 respondent's parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident. etc. C. That such model request information would permit the Court to assess the case for potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate, we do not believe that the foregoing would require the use of any rule-making authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

320 Moutinho, Deborah (EOIR) Cc: Attachments: Gipe, Bruce (EOIR) Wednesday, April 18, :16 AM Lang, Steven (EOIR) Rosen, Scott (EOIR) FW: Stip Script Stipulated Removal Order Script.wpd Hi Steve, Per Scott's request, I'm attaching a copy of the redlined WP script regarding stipulated orders of removal. Let me know if you have any questions. Thanks, Bruce Stipulated Removal Order Scrip Original Message----- Rosen, Scott (EOIR) Tuesday, April 17, :10 PM Gipe, Bruce (EOIR) SUp Script Bruce, Thanks for your comments. Would you please copy Steve Lang with the redlined WP script. Also, below is the question regarding stips that was includes in the recent EOIR/AILA agenda. Thanks, Scott 4. Stipulated Removal Orders (OCIJ and OGC) As Attorneys, we hear from unrepresented respondents who signed stipulated removal orders under INA section 240(d) without understanding what they signed and what the consequences of their stipulated removal order would be. The Immigration Judge signs the stipulated orders, without the respondent ever appearing in Court, and without the Immigration Judge being able to assess whether the Respondent is aware of potential eligibility for relief, and [the] consequences of the removal order. In order to assure that the Respondent understands what he is signing, what he may potentially be giving up, and what the consequences of the order will be, we suggest: A. That the Court develop a model stipulated removal request., which would include blanks that would be filled in by the respondent. B. That such model request information would permit the Court to assess the possibility of acquired or derived citizenship for the respondent, specifically whether either of the respondents parents is a U.S. citizen, whether the respondent is a lawful permanent resident, when she became a lawful permanent resident etc. C. That such model request information would permit the Court to assess the case for

321 potential eligibility for Cancellation of Removal and Adjustment of Status, including an assessment of any legal status held by the respondent's wife, parents, and children; whether (for a respondent without LPR status) any visa petition has ever been filed on petitioner's behalf; the length of residence in the United States; and the date of any legal status that the respondent might have or have had. D. That such model would specifically inform the respondent of his right to seek "voluntary departure" from the United States in lieu of a removal order. While we recognize that it would be impossible for any paper record to duplicate the careful screening that Immigration Judges provide to pro se detainees, we believe that such information would permit the Immigration Judge to screen for individuals who might not be making a knowing waiver of rights, or who might be beyond the court's jurisdiction due to acquired or derived citizenship. Although we suspect that some regulatory changes would be appropriate. we do not believe that the foregoing would require the use of any rulemaking authority, and would assuage the concerns of many immigration judges (and others) about the fairness of stipulated removal proceedings.

322 EOIR Legal Orientation Program Presentation Script for Stipulated Removal Group (As of 3/28/07) This presentation was created by the immigration court 3.nn urfit u1aaltatoi Whlh amolt, to assist individuals beinw for -dmdiual detained by the United States Immigration and Customs Enforcement; (ICE), a part of the Department of Homeland Security (DHS). [he purpose of this presentation is to help 'ou understand xour rights and decide if vou want to request a hearing before an iniiigration judge regarding y'our case. wlume co 1 midetng 1 hditil out m olu LLen... a,, Linigiatioudg i..inh m theil ease~. I. Understanding your rights under Immigratic We know that being detained can be very difficu understand why you are here or what you can do. 'l rights and decide if you want to see an immigration If you decide that you do not want to have a hearin want to fight your-ase to stay in this country, you as puaible duugi imt is allj a "Stipula Removal will speed up your return to your country. close attention to the information in this video. moved one o help )val."i Inke this d id do not ntras Order of tease pay Because immigration law is very complicated, you those of you who want a lawyer but cannot afford c in the area where you are detained. If' judge on your own. Wa ant to there i ilaba o e ew help yo; you. For services ak to the II. THE CC You are cun "ICE." an at Immigration stay in the L There are se' is made for immigration called Form If you did i information Immigration and Customs Enforcement, or also call the "Immigration Service." The legally; and that unless you have the right to service can remove you from the country. This video r or not they should ask for a hearing before an ceived a document called a "Notice to Appear."also you may not be in removal proceedings and the not apply to your case. If you do not understand why n.ply. rr to co

323 you are being detained, or want to know if N ou should have a Notice to Appear, you should talk with an immigration officer. For those of you who are in removal proceedings, there are different reasons why you may be here. For some of you, the Immigration Service says that you should be removed because you do not have permission to be in the (Inited States comtry. Others of you came here legally with a visa or you have legal permanent residency, but the Immigration Service says that you committed a crime or violated an immigration law and that you should now be removed. The Immigration Service's racno r r~or, " Vn..nnnAnfl1~n 4-a nnn4r. 1a Ucf A nn S c arges. o remove ir ng you rom e county are s e o u '.Jni "rr~nr Tn Annr The Notice to Appear contains infon including where you were born, the d violated any criminal or immigration have to leave the United States. It is very important for you to review not think the information is correct c should wait to have a hearing with Immigration Service says that you hai serious consequences that I will desc Being in removal proceedings meam * The right to be represented by an a at the expense of the government; * The right to have a hearing with an * The right to apply for relief from r( Aseher' juzdge,-and- Ofremnova close attenti immigration lghts FesentatiJ then you ee if the has very, but not nse" ldgration edorder ease pay to see an If you choose or more tha for individu Also, whetti important ft of removal: on judge, you will probably have to wait a few days m place to place, so you should ask about the wait or have a hearing with the immigration judge, it is s of an removal order, including a stipulated order

324 First, if you are ordered removed, you lose any permission you have to stay in the United States; Second, if you are ordered removed, you cannot legally return to the United States any time soon for atleast. It can be ten years or more depending on your case. If this is your second removal, you cannot return for twenty years; Third And, if you were convicted of an "aggravated felony" you may never be able to return. S i b i i i f - h S- t-fho -A * * omieties isomue nstces, you can get permsson rom t e ecreary o come back before the waiting period is over, but it is very difficult to get this pet after the waiting period is over, you still will have to have a way to come back h *. ' I'' with a tounst visa, visitors visa, or family visa. Remember, it is a serious crime to reenter the Unite removed from the country. If caught, you can be cha you can be sentenced to prison for up to twenty ye, on your criminal history. The Immigration Service the United States if you reentered illegally after be mission finally, III. DEFENSES Please pay careful attention as I now talk about wal legally. These ways are called "forms of relief' or I able-to--apply for any of these defenses. then you s immigration judge. I will discuss eight main defenses. 1. Citizenst n yo defense Id a J s country eligible with the The first def but do not r( released froi 1. Were you 2. Do you h 3. Do you h OR 4. Did at lea If you answ immigration citizen, you sometimes people are United States citizens moved from the United States and must be iswer "yes" to one of these questions: he United States? ame a U.S. citizen before You were born? zen before you turned 18 years old? s, you should tell an immigration officer and the i U.S. citizen. If you think believe you may be a igration judge.

325 2. Asylum and other protection if you fear harm in your home country The second defense is called "Asylum" but also includes "Withholding of Removal" which is very similar. If you have been harmed in your country. or if you fear returning to your country, you should tell the immigration judge. You may be able to ask for asylum in the United States if you fear you will be threatened or harmed if you return to your own country or if you have suffered harm there in the past. The threat or harm must come from the government or someone the government cannot or will not control. You must also show that the threat or harm is becau religion, nationality, political beliefs, or your membership in a certain group of peo] representative familiar with immigration law can help you decide i yvotu have a valit your membership in a certain group. you think you may qualify for as) lur can ask t) speak to the i mm igration Another form of protection is avaih country. Under the Convention Ag country where they will likely be torti Service and the immigration judge ii However, if the only reason you left of returning, then you probably do Against Torture. migration nent. any fear invention 3. Cancellation of Removal The third defense against removal is' is for individuals who have lived in types of Car 7 Year Canc are a legal pi in this count in certain ca If you win y( States. To apply for been living committed c The second United State of relief are three ). If you n crimes owever, ovations. rmanent residency and continue living in the United to have had your green card for at least 5 years and t the past 7 years. In addition, you cannot have cellation; - is for individuals who have lived in the as a green card), for at least 10 years. If you get this

326 ? A type of Cancellation you will receive legal permanent residence and can remain in this country legally. To apply, you have you to have lived in the United States for at least tn years and have a spouse, parent or child who is a U.S. citizen or legal permanent resident (a green card holder) who would suffer extreme exceptional and extremely unusual hardship if you were removed. Other family members do not count. Also, you cannot have committed certain crimes and must show that you have been a person of good moral character. The last type of Cancellation is 3 Year Cancellation. If you have lived in the 1 least three years and if-you have been battered, abused or treated very cruelly b, who is a U.S. citizen or legal permanent resident, yo may also qualify if your child was abused by his or you have not had certain criminal problems. The law on Cancellation of Removal is very compli about any of these types of Cancellation of Remova 4. NACARA Another type of defense is called NACARA. Yo permanent residency if you are from Guatemala, E Europe, and you applied for asylum in the United S may also qualify if you have a spouse or unmarrie this den oviett - I ac get legal Eastern 91. You If this applies to you, you should spt 5. Registry Another type of time is ca should speal 6. Adjustme ve I.g period country since the beginning of 1972, you Another def member who permanent n Only close f, *a spouse wl *a parent wl *an adult ch family" or "family unity." Sometimes a family resident can apply to get you a green card, or legal or you to become a permanent resident. These are: ent resident; ent resident; citizen; citizen;

327 - "'"--- *or a sibling who is a U.S. citizen. This relative must file a petition with the Immigration Service proving your relationship. The migrationn Service must then approve that petition. Once the petition is approved, the waiting process for legal residency is best described as having to stand in line. The wait may be several years or longer, depending on what country you are from and which family member is sponsoring filed-for you. With certain family members you have to wait in line a long time to get your residency green card, especially brothers and sisters d, as viti iblings. With others, you can go right to the front of the line d, lv;. au r as 1 " p y0 u a... F. If your petition has been approved, or is very close to being approved by the In t r mt ~u' L-J you may be able to inisn the adjustment process m leave the United States and apply from your home If no petition has been submitted, or if your pt Immigration Service, you still face being removed petition is finally approved, you may be able to retu through the U.S. Consulate in your home country. ein U As with other defenses, you cannot get a residen committed certain crimes. If you think you may qualify for this defense, you s to tell the judge if any of your close family member Also, show the judge any papers that these family i the Immigration Service about those the line or whether your crimes or ill rwin JS. cit' ers hq.ffiledif vill you wh fr adjusttn 'ou have Be sure residents. ers from front of ly. 7. Other Sp The seventh. ' ', I *The "S" vi: information an immigrat *The "T" vi: being recrui coercion in- SeviCEs. I isas. ThIre ar sveiptvisaa re the S- T. IJ. and V visa. vho provide the government with important ink'you may qualify for this visa, you should talk to a victim of severe trafficking. "Trafficking" means tt into the country through the use of force, fraud, or t bondage, slavery, or prostituion iconmimeial-sex To apply, so re: * That you are a victim of a severe form of trafficking;