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Persons in removal proceedings are called "respondents." Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice. Removal proceedings are prosecuted by attorneys from the Department of Homeland Security ("DHS"), or more specifically, U.S. Immigration and Customs Enforcement. [1]
The order of voluntary departure automatically becomes an order of removal, and may be executed as such by ICE. In particular, there is no scope for the alien to request removal proceedings. Ten-year bar to immigration relief, even, for instance, in cases where the Legal Immigration Family Equity Act would otherwise apply.
Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated. [1]
Deportation occurs after undocumented residents are brought before an immigration judge in removal proceedings and the judge either issues a warrant of removal or reinstates prior orders of deportation/removal. Removal proceedings are conducted by the Department of Justice-Executive Office for Immigration Review. In July 2019, the Trump ...
The alien received a prior order of removal (or deportation or exclusion). This may have been expedited removal, stipulated removal, or removal or deportation through regular court proceedings. The alien departed the United States after receiving the order. This includes both voluntary departure and forcible removal. The key requirement is that ...
Withdrawal of application for admission is an alternative to expedited removal (when carried out by CBP) or removal proceedings (when carried out by the Immigration Judge). Whereas withdrawal of application for admission requires the consent of both the authorities (CBP or the Immigration Judge) and the alien, expedited removal does not require ...
Expedited removal is a process related to immigration enforcement in the United States where an alien is denied entry to and/or physically removed from the country, [1] without going through the normal removal proceedings (which involve hearings before an immigration judge). [2]
Stipulated removal is a summary deportation procedure used in immigration enforcement in the United States.Stipulated removal occurs when a noncitizen who is facing removal proceedings and is scheduled for a hearing with an immigration judge signs a document stipulating that he/she is waiving the right to trial and to appeal, and is prepared to be removed immediately.