Deportation Litigation
Guzman Taņedo & Acain offers legal services to aliens who
are facing Deportation Proceedings before the Bureau of Immigration
and Deportation.
Overview of the Philippine Law on
Deportation
The law in point is Philippine
Immigration Act of 1940. It authorizes the Immigration Commissioner to issue
Mission Orders against aliens found to have violated Philippine immigration laws.
Arrest Warrants can also be issued against
aliens whose activities threatens the national security or whose presence
alone poses a serious threat to public health, public safety and
national security, and public morals.
Legal Remedies
The detained alien may file a Petition
for Voluntary Deportation before the Bureau of Immigration and
Deportation or file a Petition for Habeas Corpus before the Regular
Courts if the arrest was patently illegal or has been founded on an
unsubstantiated immigration law violation.
The detained Alien may also choose to
face trial in a Summary Deportation Proceedings, submit a Position
Paper and/or file a Motion of Dismiss. In the meantime, he/she may
also file Petition for Bail for his/her temporary liberty pending
Trial.
Related Laws and Cases
Immigration Laws
Philippine Immigration Act of 1940
Sections 37, 38 and 39
of Philippine Immigration Act
Rules of
Court on Habeas Corpus cases
Significant Supreme Court Decisions
on Deportation cases
Commissioner Rufus B. Rodriguez vs. Judge Rodolfo R. Bonifacio
[Decided on November
06, 2000]
Grady Edward Johnson
vs. Commissioner of Immigration
[Decided on May 29,
1957]
Board of Commissioners
et. al. vs. Dela Rosa, et. al [May 31, 1991]
[Decided on May 31,
1991]
Arrest Diplomatic Guidelines for
U.S. Consular Officers
Guidelines for Diplomatic Assistance of U.S.
Citizens arrested overseas
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