Wrongfully deported paroled person: emergency steps to get back and fix the record
If a wrongfully deported paroled person is removed—despite a granted parole, a stay, or a pending case—there are still tools to seek an immediate return and reopen proceedings. However, speed and documentation are critical because each day after removal can complicate options.
First 24–72 hours (do these now)
Identify the error: was there a granted stay, a DHS/OPLA agreement, a court order, or active parole that ICE/CBP overlooked?
Notify agencies in writing: email/fax ERO (field office), OPLA (government attorneys), and the relevant court with proof (orders, receipts).
Ask DHS to facilitate return: request parole for return and transport coordination due to government error.
Preserve records: get the removal worksheet, flight details, I-213, and any medical/property logs. Therefore, you create a clean paper trail for reopening.
Paths to come back to the U.S. (request DHS assistance + legal filings)
DHS-facilitated return on parole: ERO/OPLA can coordinate parole back when removal was erroneous (e.g., stay ignored, wrong identity, case still pending).
Joint motion to reopen (JMTR): ask OPLA to join a motion to reopen and terminate or to restore status; joint filings often move faster.
Motion to reopen with stay: if DHS won’t join, file with EOIR or BIA and request a stay of removal; attach the error evidence.
Federal court relief: in select cases, pursue an emergency stay/mandamus to compel agency action.
If return is approved: travel mechanics
Parole authorization letter: DHS issues written parole authorization for airline boarding and port-of-entry parole.
Coordination with consulate/airline: obtain any required boarding document and carry the parole letter and photo ID.
Arrival processing: CBP paroles the person in, then they resume the status/case posture they had before the wrongful removal.
If DHS resists return (build leverage)
Document government error (orders, timestamps, officer names).
Show prejudice: lost medical care, missed hearings, separated minor U.S.-citizen children, or lost employment.
Escalate to OPLA leadership, ERO leadership, and, where appropriate, federal court. As a result, agencies often correct clear mistakes.
Evidence & documents checklist
A-Number, full legal name, DOB, and detention history.
Copies of any stays, parole grants, court orders, I-797 receipts, and hearing notices.
Removal paperwork: travel itinerary, removal worksheet, flight info, I-205/I-296 if issued.
Proof of equities: U.S. spouse/children, medical records, employment/taxes, community letters.
Contact log: dates/times of calls/emails with ERO/OPLA/CBP and responses.
Common scenarios we fix
Stay granted, but removal executed anyway.
Parole approved (e.g., for medical/HUM reasons) but ignored at the airport or by a facility.
Pending motion/appeal and removal happened due to a system update lag or misfiled notice.
Mistaken identity or misapplied country of removal.
Practical tips for families abroad
Keep a charged phone, secure local lodging, and maintain daily contact with counsel.
Gather local IDs and medical access while return is processed.
Avoid re-entries without permission; instead, push for lawful parole return so the U.S. case remains clean.
FAQs
Can DHS really bring someone back after a wrongful removal?
Yes—when the record shows government error, therefore DHS can coordinate parole back and restore the prior posture.
Do we need a new visa?
Usually no for a corrective return; DHS uses parole and airline coordination.
What if the court already closed the case?
File a motion to reopen (preferably joint) attaching the error evidence; ask for status restoration.
Will this fix future immigration options?
Often. However, we also request record corrections so the wrongful removal does not trigger extra bars or flags.
How we help
First, we diagnose the error and notify ERO/OPLA/CBP the same day. Next, we request DHS-facilitated parole return and file a joint motion to reopen (or our own motion with a stay). Then, we coordinate boarding/arrival and restore your case to the proper track. Finally, we correct records and map long-term relief (adjustment, waivers, or termination).
Dealing with a wrongful removal after parole? Schedule a consultation or call (562) 495-0554.
Disclaimer: General information, not legal advice. Remedies depend on your exact orders, filings, and agency responses.
Person Wrongfully Deported Is Paroled Back into the U.S.
When someone is wrongfully removed—because of a government error, lack of notice, ineffective assistance, or new evidence—the Department of Homeland Security (DHS) may facilitate return to the United States through parole while the case is reopened or corrected. Parole, granted under INA §212(d)(5)(A), allows temporary lawful entry without admitting formal immigration status.
How it typically unfolds
Identify the error and preserve the record. Obtain the A-File, removal order, transcripts, notices, and travel history. Gather proof showing the removal was legally or procedurally improper (e.g., lack of notice, eligibility for relief, derivative citizenship, vacated conviction).
Seek reopening and a stay. File a motion to reopen/reconsider with the Immigration Court or BIA; request DHS’s agreement to a joint motion and ask for a stay of removal or facilitation of return.
Parole coordination.The traveler may receive airline clearance, boarding documentation, and inspection/parole at a designated U.S. port.
Rights and practical benefits
Eligibility for relief: If the court reopens and vacates the order, the person may pursue underlying relief (e.g., asylum, adjustment, cancellation), if eligible.
Work authorization: A parolee can request an EAD under category (c)(11) while proceedings or corrective actions are pending.
Access to counsel and court: Physical presence enables meaningful participation in hearings, testimony, and evidence gathering.
Key cautions
- Parole is discretionary and time-limited; maintain compliance with all reporting and travel conditions.
- Keep copies of the parole document, I-94, and all court orders.
- Do not travel abroad without legal advice; leaving may terminate parole or jeopardize the reopened case.
How we help
We evaluate grounds for wrongful removal, assemble the reopening record, liaise with DHS for parole and travel logistics, and represent you through return and final case resolution.
