Question & AnswerQ&A (BOI OFFICE MEMORANDUM NO. ADD-01-004)
Deportation proceedings are administrative in character, summary in nature, and need not be conducted strictly in accordance with ordinary court proceedings.
A complaint for deportation may be commenced by a verified complaint, or an Intelligence Report based on an official investigation or referral by a government office may also initiate deportation proceedings.
It must specify the name of the alien, the known address, and the specific act or acts constituting a violation of C.A. No. 613, as amended.
Such complaint shall be immediately referred to the appropriate government agency. If the crime or felony involves moral turpitude, the complaint shall proceed as provided in the Rules.
At the Office of the Commissioner, for determination of a prima facie case.
The Special Prosecutor has three days to prepare written charges against the alien, attach the charges to the deportation records, and provide copies to the alien, counsel, and embassy.
Yes. The alien submits a verified memorandum raising defenses with documentary evidence, and the Special Prosecutor may file a comment or opposition. Rebuttals or sur-rebuttals and additional pleadings are not allowed.
After submission of memoranda by the alien and the Special Prosecutor, a date is set for deliberation by the Board of Commissioners, with copies of deportation records provided to them at least three days in advance.
Filing a petition for the writ of habeas corpus does not stay deportation proceedings after charges have been filed by the Special Prosecutor.
It becomes final and executory after 30 days from promulgation unless the President orders otherwise within that period.
Yes, but only upon meritorious grounds as determined by the Commissioner of Immigration.
Transmits deportation records, assigns docket numbers, prepares copies for the Board of Commissioners, forwards memoranda, schedules deliberation dates, promulgates judgments, and ensures compliance with publication requirements.
The Board must resolve the motion within two days from being informed by the Executive Director.
Yes. After initial submissions, only one motion for extension not exceeding three days is allowed; no other pleadings, rebuttals, or sur-rebuttals are entertained.