Removal Proceedings or Non-Citizens in Deportation

Immigration Removal Proceedings, Deportation Process

removal

Removal Proceedings – What is it?


Question: I am now in removal proceedings.
I also have many friends who are in the same type of removal proceedings.
However, all of us have different situations.

Answer: The Executive Office for Immigration Review (EOIR), an agency of the Department of Justice, oversees three components which adjudicate matters involving immigration law matters at both the trial and appellate level.
Under the Office of the Chief Immigration Judge, more than 200 Immigration Judges located in 53 Immigration Courts nationwide conduct proceedings and decide individual cases.
The agency includes the Board of Immigration Appeals (BIA), which hears appeals of Immigration Judge decisions, and the Office of the Chief Administrative Hearing Officer, which handles employment-related immigration matters.
Immigration Judges conduct removal proceedings, which account for approximately 80 percent of their caseload.
Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is inadmissible, deportable, or eligible for relief from removal.
The Department of Homeland Security (DHS) is responsible for commencing a removal proceeding.


Removal proceedings generally require an Immigration Judge to make two findings:
(1)
a determination of the alien’s removability from the United States, and
(2) thereafter deciding whether the alien is eligible for a form of relief from removal.
Usually at the beginning, an Immigration Judge conducts a bond redetermination hearing for aliens who are in DHS detention.
These hearings are generally informal and are not a part of the removal proceedings.

PERM

Question: One of my friends actually already has their Green Card.
Why would he be in removal proceedings?


Answer:Immigration Judge can conducts a rescission hearing to determine whether a lawful permanent resident (LPR)
should have his or her residency status rescinded
Additionally, it is possible for someone who is an LPR to commit a crime making them ineligible to keep their Green Card.

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