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1. Please state the name of the court, hearing date, time and location. 2. Please state and discuss allegation No.3. What documents you need to
1. Please state the name of the court, hearing date, time and location.
2. Please state and discuss allegation No.3. What documents you need to review to verify the factual allegation No.3?
3. State and explain the "Failure to appear warning" and the consequences. State and explain the charge of removal.
4. State the name and designation of the issuing authority of the Notice to appear
5. Please review allegation No. 5. What documents you need to review to verify the factual allegation No. 5?
Follow below.
NOTICE OF HEARING IN REMOVAL PROCEEDINGS Cal-up IMMIGRATION COURT _ 333 SOUTH MIAMI AVE., STE.700 05'3'\"2- MIAMI, FL 33130 RE: F FILE: paTE: S~/ -/ 2 TO: ~45T PALM BEACH, FL 33417 Please take notice that the above captioned case has been scheduled for a Master/I?ffszfijhearing before the Immigration Court on : e at at 575/. /2} M/Z, / } IWI 333 SOUTH MIAMI AVE., COURTROOM 21, 6TH FLOOR MIAMI, FL 33130 You may be represented in these proceedings, at no expense to the Government, by an attorney or other individual who ig authorized and qualified to represent persons before an Immigration Court. Your hearing date has not been scheduled earlier than 10 days from the date of service of the Notice to BAppear in order to permit you the opportunity to obtain an attorney or representative. If you wish to be represented, your attorney or representative must appear with you at the hearing prepared to proceed. You can regquest an earlier hearing in writing. Failure to appear at your hearing except for exceptional circumstances may result in one or more of the following actions: 1) You may be taken into custody by the Department of Homeland Security and held for further action. 2) Your hearing may be held in your absence under section 240(b) (5) of the Immigration and Nationality Act. An order of removal will be entered against you if the Department of Homeland Security established by clear, unequivocal and convincing evidence that a) you or your attorney has been provided this notice and b} you are removable. IF YOUR ADDRESS IS NOT LISTED ON THE NOTICE TO APPEAR, OR IF IT IS NOT CORRECT, WITHIN FIVE DAYS OF THIS NOTICE YOU MUST PROVIDE TO THE IMMIGRATION COURT MIAMI, FL THE ATTACHED FORM EQOIR-33 WITH YOUR ADDRESS AND/OR TELEPHONE NUMBER AT WHICH YOU CAN BE CONTACTED REGARDING THESE PROCEEDINGS. EVERYTIME YOU CHANGE YOUR ADDRESS AND/OR TELEPHONE NUMBER, YOU MUST INFORM THE COURT OF YOUR NEW ADDRESS AND/OR TELEPHONE NUMBER WITHIN 5 DAYS OF THE CHANGE ON THE ATTACHED FORM EOIR-33. ADDITIONAL FORMS EOIR-33 CAN BE OBTAINED FROM THE COURT WHERE YOU ARE SCHEDULED TO APPEAR. IN THE EVENT YOU ARE UNABLE TO OBTAIN A FORM EOIR-33, YOU MAY PROVIDE THE COURT IN WRITING WITH YOUR NEW ADDRESS AND/OR TELEPHONE NUMBER BUT YOU MUST CLEARLY MARK THE ENVELOPE "CHANGE OF ADDRESS." CORRESPONDENCE FROM THE COURT, INCLUDING HEARING NOTICES, WILL BE SENT TO THE MOST RECENT ADDRESS YOU HAVE PROVIDED, AND WILL BE CONSIDERED SUFFICIENT NOTICE TO YOU AND THESE PROCEEDINGS CAN GO FORWARD IN YOUR ABSENCE. A List of Free Legal Service Providers has been given to you. For information regarding the status of your case, call toll free 1-800-898-7180 OR 240-314-1500. 20f3 U.S. Department of Homeland Security Notice to Appear In removal proceedings under section 240 of the Immigration and Nationality Act: Subject ID : 319514562 File No: ) DOB: 03/02/1978 Event No: | ~__In the Matter of: %\\'/ Z- currently residing at: Respondent: WEST PALM BEACH FLORIDA 33417 . (561) (Number, street, city and ZIP code) (Area code and phone number) [J 1. You are an arriving alien. 2. Youare an alien present in the United States who has not been admitted or paroled. [%] 3. You have been admitted to the United States, but are removable for the reasons stated below. The Department of Homeland Security alleges that you: 1. You are not a citizen or national of the United States; 2. You are a native of HAITI and a citizen of HAITI; 3. You were admitted to the United States at Miami, Florida on or about May 14, 2001 as a nonimmigrant K-1 fiancee with authorization to remain in the United States for a temporary period not to exceed August 14, 2001; 4. You remained in the United States beyond August 14, 2001 without authorization from the Immigration and Naturalization Service or its successor the Department of Homeland Security; 5. Your Form I-485, Application to Register Permanent Residence or Adjust Status, was denied on February 7, 2011. On the basis of the foregoing, it is charged that you are subject to removal from the United States pursuant to the following provision(s) of law: Bection 237(a) (1) (B) of the Immigration and Nationality Act (Act), as amended, in that after admission as a nonimmigrant under Section 101(a) (15) of the Act, you have remained in the United States for a time longer than permitted, in violation of this Act or any other law of the United States. 1 This notice is being issued after an asylum officer has found that the respondent has demonstrated a credible fear of persecution or torture, [J Section 235(b)(1) order was vacated pursuant to: [CIsCFR 208.30(f)(2) [JscFr 235.3(b)(5)(iv) YOU ARE ORDERED to appear before an immigration judge of the United States Department of Justice at: 333 South Miami Avenue, Suite 700 Miami FLORIDA US 33130 (C omp!erc; Address of Jmmigration Court, including Room Number, if any) on & date to be set , & time to be s how, why yogi should not be removed from the United States based on the (Date) (Time) charge(s) set forth above, (Signature'and Title of Issuing Qfficer) Date: UCT 2 1 2011 Royal Palm Beach, Florida (City and State) See reverse for important information Form 1-862 (Rev. 08/01/07} Notice to Respondent ; Warning: Any statement you make may be used against you in removal proceedings. Alien Registration: This copy of the Notice to Appear served upon you is evidence of your alien registration while you are under removal proceedings. You are required to carry it with you at all times. Representation: If you so choose, you may be represented in this proceeding, at no expense to the Government, by an attorney or other individual authorized and qualified to represent persons before the Executive Office for Immigration Review, pursuant to 8 CFR 3.16. Unless you so request, no hearing will be scheduled earlier than ten d te of this notice, ti w vou sufficient time to secure counsel. A list of qualified attorneys and organizations who may be available to represent you at no cost will be provided with this notice. Conduct of the hearing: At the time of your hearing, you should bring with you any affidavits or other documents, which you desire to have considered in connection with your case. 1f you wish to have the testimony of any witnesses considered, you should arrange (o have such witnesses present at the hearing. At your hearing you will be given the opportunity to admit or deny any or all of the allegations in the Notice to Appear and that you are inadmissible or removable on the charges contained in the Notice to Appear. You will have an opportunity to present evidence on your own behalf, to examine any evidence presented by the Government, 1o object, on proper legal grounds, to the receipt of evidence and 1o cross examine any witnesses presented by the Government. Al the conclusion of your hearing, you have a right to appeal an adverse decision by the immigration judge. You will be advised by the immigration judge before whom you appear of any relicf from removal for which you may appear eligible including the privilege of departure voluntarily. You will be given a reasonable opportunity to make any such application to the immigration judge. Failure to appear: You are required to provide the DHS, in writing, with your full mailing address and telephone number. You must notify the Immigration Court immediately by using Form EOIR-33 whenever you change your address or telephone number during the course of this preceeding. You will be provided with a copy of this form, Notices of hearing will be mailed to this address. If you do not submit Form EOIR-33 and do not otherwise pravide an address at which you may be reached during proceedings, then the Government shall not be required to provide you with written notice of your hearing. If you fail to attend the hearing at the time and place designated on this notice, or any date and time later directed by the immigration Court, a removal order may be made by the immigration judge in your absence, and you may be arrested and detained by the DHS. Mandatory Duty to Surrender for Removal: If you become subject to a final order of removal, you must surrender for removal to one of the offices listed in 8 CFR 241.16(a). Specific addresses on locations for surrender can be obtained from your local DHS office or over the internet at hitp://www.ice.gov/about/dro/contact.htm. You must surrender within 30 days from the date the order becomes administratively final, unless you obtain an order from a Federal court, immigration court, or the Board of Immigration Appeals staying execution of the removal order. [mmigration regulations at CFR 241.1 define when the removal order becomes administratively final. 1f you are granted voluntary departure and fail to depart the United States as required, fail to post a bond in connection with voluntary departure, or fail to comply with any other condition or term in connection with voluntary departure, you must surrender for removal on the next business day thereafter, If you do not surrender for removal as required, you will be ineligible for all forms of discretionary relief for as long as you remain in the United States and for ten years after departure or removal. This means you will be ineligible for asylum, cancellation of removal, voluntary departure, adjustment of status, change of nonimmigrant status, registry, and related waivers for this period. 1f you do not surrender for removal as required, you may also be criminally prosecuted under section 243 of the Act. Request for Prompt Hearing To expedite a determination in my case, I request an immediate hearing. 1 waive my right to a 10-day period prior to appearing before an immigration judge. Before: [Signaiure of Respondeni) Date: (Signature and Title of Immigration Officer) coEry This Notice To Appear was served on the respondent by me on 239(a)(1)(F) of the Act, inperson ] by certified mail, returned receipt requested [x] by regular mail Attached is a credible fear worksheet. , in the following manner and in compliance with section Attached is a list of organization and attorneys which provide free legal services. language of the time and place of his or her hearing and of the consequences of failure to appear as provided in section 240(b)(7) of the Act. Q, [ SIDNEY WONG I80-I1 The alien was provided oral notice in the (Signature of Respondent if Personally Served) {Signalure and Titls of officer) Form [-862 Page 2 (Rev. 08/01/07)Step by Step Solution
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