-Adverse Action Continuum form least to most adverse: - -- Withdrawal - INA
§ 235(a)(4)
- Visa waiver program refusal - INA § 217
- Expedited removal - INA § 235(b)(1)
- Notice to appear/INA § 240 - INA § 235(b)(2) and INA § 239(a)(1)
- Prosecution
-An alien may be permitted to withdraw the application for admission and
depart immediately. Withdrawal of application is: - -- Discretionary - CBP
decides
- Not an automatic right
- Not a formal removal
-Authority Overview - CBP officers derive their authority to enforce U.S.
immigration laws and initiate adverse actions from: - -- U.S. Constitution
- Immigrant and Nationality Act(INA) and Titles 8 & 19 fo the U.S. code
- Titles 8 and 22 of the code of federal regulations
- Court and board of immigration appeals (BIA) decisions
- International law and treaties
-Body Carriers - -- Under clothing
- Inside clothing
- Under wigs
- Inside shoes
, -CBP Mission - -- CBP officers are entrusted with the mission of protecting
our borders from terrorists, instruments of terror, and other threats.
-CBP officer's arrest authority is defined in both : - -- Title 19 U.S.C. 1589a
- INA § 287
-CBP officers have the authority to arrest some offenders without a warrant:
- -- For any federal felony offense, or
- For any federal misdemeanor offense that occurs in the officer's presence
- For entering the U.S. illegally in the officer's presence, but only if
- The alien is likely to escape before a warrant can be obtained.
-Children - Where Contraband can be concealed? - -- Clothing and shoes
- In diapers or diaper bags
- In strollers
- On the body
- While using children as a distraction
-Criminal Grounds of inadmissibility includes: - -- Crimes involving moral
turpitude
- Controlled substance violations
- Multiple convictions
- Drug trafficking
- Prostitution
- Proceeds of prostitution
- Unlawful commercialized vice
- Immunity from prosecution
- Religious freedom violators
- Traffickers in persons
- Money laundering
-During removal proceeding, an arrival alien who has been charged an
admissible: - -- Bears the burden of proof that alien is entitled to admitted.
- Has the right to secure counsel at his or her own expense.
- Can present and examine evidence.
- Can examine witnesses.
- Can appeal the IJ's decision to the Board of Immigration appeals (BIA).
-Establish Intent - -> What was the person's intent at time of departure?
- Remain abroad indefinitely
- Short-term travel
- Contract work abroad, long term
> Remember, a traveler's intent at time of departure from the U.S.
determines his or her residency status.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Victorious23. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.49. You're not tied to anything after your purchase.