Persons Subject To Removal

Any alien in and admitted to the United States is subject to removal if the alien is within one or more of the statutory classes of deportable aliens. To be deportable, an alien must have made an “entry” into the United States; to be inadmissible, an alien need only seek to enter the United States.
An alien who enters without inspection and then adjusts status to that of an alien lawfully admitted to permanent residence under INA § 245A has accomplished an “admission” to the U.S. as that term is used in INA § 237(a)(2)(A)(iii) which provides that any alien who is convicted of an aggravated felony at any time after admission is deportable.

Observation: The President must transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report to include a reasonable estimate, inter alia, of aliens who became deportable during the period under INA § 237 ]

Although the term “illegal alien” is not defined in INA § 101 , an alien in the United States without authorization is an illegal alien subject to deportation.

Observation: Because the federal government has exclusive authority over immigration matters, that portion of a state court order which requires an alien to agree to deportation as a condition of probation is preempted by the Supremacy Clause and unenforceable.

An issue resolved by a final judgement in a removal proceeding may not be relitigated. For example, an immigration judges initial decision at a removal hearing that the government has failed to proved that a noncitizen is an alien and deportable is res judicata and acts to bar the government from seeking to remove the petitioner based on matters resolved in that proceeding. However, a litigation error by the government, resulting in an adverse determination on alienage during a removal hearing does not preclude the government from thereafter seeking to remove a noncitizen for subsequent criminal acts.[