By Michael H. Markovitch, Esq. on February, 18, 2025
It has been brought to our attention that there has been a change in practice by some Customs and Border Protection (CBP) ports of entry, such as airports, where individuals with pending Immigration Court Notices to Appear (NTAs) are now automatically subject to detention by CBP or Enforcement Removal Operations (ERO). This was never the case in the past.
The new practice has applied to legal permanent residents and conditional permanent residents in removal proceedings, even with valid I-551 Green Card stamps issued post Form I-751 denial. Overall outcomes have varied, but it is advisable that until this issue is resolved, international travel should be avoided by people with an NTA. Each person’s case should be reviewed for the underlying facts and possible outcomes at the time of re-entry to the U.S.
For further information or questions you may have, please contact our office at: Information@mmlawnyc.com or (646) 558-3138.
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