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Removal Generally

California Deportation Lawyers For Removal Proceedings

Removal is a proceeding used to enforce the departure of inadmissible persons seeking admission or of persons who have been admitted to the United States but are deportable. Provisions contained in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 altered previous exclusion and deportation proceedings and established the following removal procedures:
(1) removal proceedings under INA § 240 for persons determined to be seeking admission and for all other persons in the United States subject to the grounds of inadmissibility under INA § 212 and grounds of deportation under INA § 237. The former distinction between exclusion proceedings—for those seeking admission—and deportation proceedings—for those already admitted to the United States—was eliminated;
(2) expedited removal under INA § 235(b)(1) for immigrants and nonimmigrants who, at the border, do not have proper documentation or who commit a material misrepresentation at entry, with certain exceptions;
(3) special removal procedures for suspected terrorist aliens considered to be a threat to foreign security under INA § 235(c) ;
(4) removal procedures for stowaways under INA § 235(a)(2)(B).

 

 

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