Is there any way to tell the difference between an expedited removal and a catch and release? 5 Answers as of July 21, 2011

Is there any way to tell the difference between an expedited removal and a "catch and release'?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
All I can tell you is that a "catch and release" as you put it is often the same thing as an expedited removal with the exception of the processing of the alien that goes on in an expedited removal scenario. If the border patrol simply apprehends someone, say a Mexican notional, and without doing anything else, throws them out of the US into a Mexican border town, then that would be a "catch and release" as you put it. But if the agent processes that individual so that there is a record of some kind that that person was apprehended after entering the US illegally and removed by the border patrol, then that is an expedited removal. A person so removed will need to remain outside the US for at least 5 years before re-applying for admission. I hope this helps. Good luck!
Answer Applies to: California
Replied: 7/21/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
File for a CBP FOIA and FBI fingerprint report .
Answer Applies to: Texas
Replied: 7/21/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Yes, a seasoned attorney may be able to determine by certain questioning.
Answer Applies to: Nevada
Replied: 7/21/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Ordinarily, a person who is expeditely removed is given papers describing what happened to them. If the person lost their papers or claims to never have gotten these papers, they can ask for a copy through FOIA.
Answer Applies to: California
Replied: 7/21/2011
Law Office of J Thomas Smith
Law Office of J Thomas Smith | J. Thomas Smith Ph.D.
"Catch & release" occurs when you are stopped at the border and you are let go. At that time, you may be finger printed. The Federal Bureau of Investigation would have a record of this. It is considered as expedited removal when you agree in writing that you waive going before an immigration judge to be ordered removed. It will, however, be considered a removal. If you have question do consult with an experienced immigration attorney who can advise you on your specific case.
Answer Applies to: Texas
Replied: 7/21/2011
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