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hold departure order

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1hold departure order Empty hold departure order Wed Feb 02, 2011 1:33 pm

redline


Arresto Menor

my apologies if these have already been asked.

someone filed a civil case against me and an office mate recently.

i understand that hold departure orders (HDO) can only be issued for criminal and not civil cases.

however, i was told that there was a way around this? that i can still be prevented from traveling?

i am very much concerned because my wife and i will be celebrating our wedding anniversary abroad and we would like to be able to do so problem-free. i'd hate for it to happen that i be told at the airport that i could not travel because of an HDO.

btw, does the BI have an online list of those in the HDO?

in the off chance that i am included in that HDO list, what remedies are available for me and when do i need to contest the HDO?

thank you so much.

2hold departure order Empty Re: hold departure order Wed Feb 02, 2011 6:36 pm

attyLLL


moderator

yes, you may inquire at the Bureau of Immigration if you are on the derogatory list. the remedies depend on why you are on the derog list.

how do you know a civil case has been filed. did you receive summons?

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3hold departure order Empty Re: hold departure order Thu Feb 03, 2011 7:06 am

redline


Arresto Menor

thank you for the quick reply. i received a summons that's why i know there is a civil case filed against me and two other co-workers.

just a few more questions sana.

1. if three of us were named in the civil suit, can the complainant file a HDO against one person only or should he include all of those named in the suit?

2. how long does this process of filing an HDO take? how long does it last?

3. if i intend to travel mid-April, when would be a good time to check with the BI to see if i am in the derogatory list so that i have time to effect remedies?

all of these assume of course that the complainant finds a way to file an HDO. afaik, he cannot ask for one bec it is a civil case unless there is a loophole that his lawyer can exploit.

again, thank you sir for the inputs.

4hold departure order Empty Re: hold departure order Fri Feb 04, 2011 12:38 pm

attyLLL


moderator

the only loophole i can think of is that the lawyer can try to convince a government agency to request an HDO to be issued against you. that is very unlikely.

there are two types of orders, a watch list order and an hdo. WLO lasts for 60 days renewable for another 60 HDO lasts for 5 years.

mid march would be a good time to check and keep checking weekly till you leave. besides, you will be given a notice that the order was issued against you. if HDO, it has to be filed in court and there notice to you and hearing. if Wlo, the DOJ will send you a notice by mail.

note you should be focused on filing your answer. if by 15 days you do not, you can be declared in default.

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5hold departure order Empty Re: hold departure order Sat Feb 05, 2011 4:09 pm

redline


Arresto Menor

ah ok. so for as long as i don't receive a notice for a HDO/WLO, am in the clear.

thank you sir for the advice.

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