Removal law applies to all non-US citizen present in the United States even if that person is legally admitted to the country, even if (s)he is a lawful permanent resident once there are the ground for such action, removal proceeding is the process by which the U.S. government forces the person in question to leave the country.
Arriving foreign nationals who do not have proper documentation and who are not seeking asylum are not “admissible”. If there is a ground of inadmissibility, the person in question is turned away from entering the U.S.
The grounds for removal are grouped in 5 main categories
- Entering the U.S. without proper travel documentations
- Violation of the terms of admission
- Commission of certain types of crimes while in the U.S.
- Having the membership of certain groups of prohibited organizations
- Becoming public charges within five years from entering the U.S.
Removal for crimes committed
A legally admitted person in the U.S. who is convicted of an “aggravated felonies” or a crime involving moral turpitude will face removal.
Aggravated felonies include murder, rape, controlled substance traffic, money laundering of $10,000 or more, firearms or explosives violation, arson, crimes of violence, for which the sentence was imprisonment of 1 year or more. Crimes involved moral turpitude include theft, bribery, counterfeiting, forgery and perjury.
The Proceeding
The Removal Proceeding is procedure for determining whether an alien is inadmissible, deportable, or eligible for any forms of relief from removal. The Department of Homeland Security starts the process the removal proceeding against a foreign national alleged to have violated immigration laws by serving the alien with a charging document called the “Notice to Appear” that is filed with the jurisdictional Immigration Court.
Removal proceedings generally requires an Immigration Judge to make two findings: (1) a determination of removability from the United States, and (2) thereafter deciding whether the alien is eligible for a form of relief from removal .
Forms of Relief From Removal
- Discretionary Relief
- Voluntary Departure
- Cancellation of Removal
- Asylum - Similar forms of relief are Withholding of Removal and applications under the United Nations Convention Against Torture.
- Adjustment of Status
- Administrative and Judicial Relief
- Motions to Reopen or Reconsider
- Stay of Removal
- Judicial Review – The Immigration and Nationality Act confers Federal courts jurisdiction over certain decisions appealed from the BIA.
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