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Immigration Practice - 14th Edition - Hardcover
Immigration Practice - 14th Edition - Electronic
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Chapter 11
REMOVAL PROCEEDINGS AND
RELIEF FROM THEM
§ 11-1. Introduction.
The term “removal proceedings” refers to the process by which the
government seeks to remove aliens from the United States.1 Such
proceedings apply to aliens whom the government desires to exclude or
expel from the country. They are quasi-judicial, adversarial, civil
proceedings in which an alien may attempt to challenge the government’s
allegations and/or seek relief from removal.
Removal proceedings normally are conducted by administrative law
judges, referred to in older statutes as “special inquiry officers” and more
recently as “immigration judges” or “IJs,” who are lawyers employed by
the Department of Justice’s Executive Office for Immigration Review
(EOIR, see § 2-2(b)(1)). IJs, supervised by the Office of Chief Immigration
Judge (see § 2-2(b)(1)(A)) have broad discretion in conducting removal
proceedings.2 The corps of IJs has come under fire for many of its
members’ perceived failures to preside over cases in an unbiased, neutral
manner.3 In response to these criticisms, the Attorney General has
undertaken a comprehensive review of the immigration court system.4
Practitioners who feel that an IJ is treating them or their clients improperly
should take steps to object to the IJ’s conduct, note the possible prejudice
resulting from the IJ’s actions, contact the applicable Assistant Chief
Chapter 11
REMOVAL PROCEEDINGS AND
RELIEF FROM THEM
§ 11-1. Introduction.
§ 11-2. Key Points.
§ 11-3. Pre-hearing Proceedings and Relief.
§ 11-3(a). Issuance of Notice to Appear (NTA).
§ 11-3(b). Service of NTA and Response with Address.
§ 11-3(c). Filing NTA with Immigration Judge and Hearing Notices.
§ 11-3(d). In Absentia Hearings and Orders.
§ 11-3(e). Attorney Representation and Claims of Deficiency.
§ 11-3(f). Arrest, Detention, and Detainer.
§ 11-3(g). Special Procedures for Criminal Aliens.
§ 11-3(h). Pre-Removal Remedies (Prosecutorial Restraint).
§ 11-3(h)(1). Informal Discretion.
§ 11-3(h)(2). Deferred Action.
§ 11-3(h)(3). Administrative Voluntary Departure.
§ 11-4. Removal Hearings.
§ 11-4(a). Scheduling, Mechanics, and Motions.
§ 11-4(b). Master Calendar Hearing: Alien’s Response and Requests for Relief.
§ 11-4(c). Place, Time, and Manner of Hearings.
§ 11-4(d). Evidence.
§ 11-4(e). Burdens of Proof.
§ 11-4(f). Defenses and Strategies.
§ 11-4(g). Juveniles and Incompetents in Removal Proceedings.
§ 11-4(h). Administrative Removal of Non-Permanent or Conditional Resident
Aggravated Felons.
§ 11-4(i). Judicial Removal.
§ 11-5. Relief from Removal.
§ 11-5(a). General Limitations on Relief.
§ 11-5(b). Departure Before (or After) Removal Hearing.
§ 11-5(c). Continuance, Administrative Closure, or Termination.
§ 11-5(d). Adjustment of Status.
§ 11-5(e). Registry.
§ 11-5(f). Cancellation of Removal and Adjustment of Status.
§ 11-5(g). Waiver of Deportability Grounds.
§ 11-5(h). Asylum, Withholding of Removal, CAT, Temporary Protected Status, and
Parole.
§ 11-5(i). Voluntary Departure.
§ 11-5(j). Private Bills.
§ 11-5(k). Good Moral Character.
§ 11-5(l). Factors for Discretionary Relief.
§ 11-5(m). Extreme Hardship.
§ 11-6. Decision and Appeal.
§ 11-6(a). BIA Appeals.
§ 11-6(b). Judicial Review.
§ 11-7. Motions to Reopen/Reconsider.
§ 11-8. Execution of Removal Order.
§ 11-8(a). DRO Field Office Director’s Stay of Removal.
§ 11-8(b). Permission to Reapply for Admission.
§ 11-9. Proceedings Commenced before April 1, 1997.
Robert C. Divine is the Chairman of the Immigration Group of Baker Donelson, a law firm of over 550 lawyers and public policy advisors with offices in 13 cities from Washington, D.C. to New Orleans.
Mr. Divine served in Washington, D.C. from July 2004 until November 2006 as the first presidentially appointed Chief Counsel of United States Citizenship & Immigration Services (USCIS), the world's largest immigration services agency within the Department of Homeland Security (DHS). From July 2005 until July 2006, he served as Acting Director and then Acting Deputy Director of USCIS. In early 2004 he served as an expert for the U.S. Commission on International Religious Freedom evaluating the impact on asylum claims from DHS' implementation of expedited removal procedures.
He has practiced immigration law since 1986 and in the last several years has chaired the American Immigration Lawyers Association's "Inter-Agency" Committee and its Liaison Committee to the U.S. Department of State. He has served as an expert witness in U.S. and foreign courts.
His practice includes all aspects of U.S. immigration law, representing large and small international and domestic employers, investors, developers, regional centers, family sponsors, and individual foreign nationals. He has also litigated significant business matters, including class action employment discrimination, contract, commercial, product liability, antitrust, ERISA benefits, business torts (including RICO, misrepresentation, Consumer Protection Act), and immigration-related criminal matters.
