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What is a Removal Proceeding? A Comprehensive Guide to Immigration Law
Definition & Meaning
A removal proceeding is a legal process through which individuals who are considered illegal aliens are removed from the United States. This process is governed by the Immigration and Nationality Act (INA), specifically Section 238(b). In these proceedings, the Attorney General has the authority to determine whether an alien, who is not a lawful permanent resident and has a final conviction for an aggravated felony, can be removed from the country through administrative processes. Additionally, expedited removal procedures are available for certain cases, allowing immigration officers to order removal without a hearing if an arriving alien is found to be inadmissible, unless they express a fear of persecution or an intention to seek asylum.
Table of content
Legal Use & context
Removal proceedings are primarily used in immigration law. They involve the legal process that determines whether an individual can remain in the United States or must be deported. This term is relevant in various legal contexts, including:
Immigration law
Administrative law
Individuals facing removal proceedings may benefit from using legal templates provided by US Legal Forms to navigate the process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An individual who entered the United States without proper documentation and has a criminal record involving an aggravated felony may face removal proceedings initiated by immigration authorities.
Example 2: A person arriving at a U.S. border who is found to be inadmissible may be subject to expedited removal unless they indicate a fear of persecution, prompting a credible fear interview.
Relevant laws & statutes
The primary statute governing removal proceedings is the Immigration and Nationality Act (INA), particularly:
Section 238(b) - Procedures for removal of certain aliens.
Section 235(b)(1)(A) - Expedited removal procedures for inadmissible aliens.
Comparison with related terms
Term
Definition
Key Differences
Deportation
The formal removal of an individual from the U.S. due to violation of immigration laws.
Deportation is a specific type of removal proceeding often used interchangeably but can imply different legal processes.
Exclusion
The process of preventing an individual from entering the U.S.
Exclusion occurs before entry, while removal proceedings address individuals already in the U.S.
Common misunderstandings
What to do if this term applies to you
If you are facing removal proceedings, consider the following steps:
Seek legal advice from an immigration attorney to understand your rights and options.
Gather all relevant documents related to your immigration status and any criminal history.
Explore US Legal Forms for templates that can assist you in preparing necessary legal documents.
Complex cases may require professional legal assistance to navigate effectively.
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