Removal Law Overview Flashcards
Individuals paroled into the US are considered _________
- arriving aliens
ina 212
- individuals not inspected
- ex: person has a US passport
ina 237
- examined, inspected, admitted
in removal proceedings, it is the _________ burden to show that an alien is not a US citizen in REMOVAL PROCEEDINGS
- government
if the alien claims to be a LPR but does not have documentation, what do you do?
- call LESC for a record check
aliens present in the US without being paroled or admitted may be charged as inadmissible under _____`
- INA 212
ARRIVING aliens may be charged as INADMISSIBLE under
- INA 212
lawfully admitted aliens falling within one or more classifications of removable aliens under
- INA 237
what violation is a person who is paroled into the US charged with?
- INA 212, because he wasn’t inspected
INA (8 USC 1357) (a)(2)
- the right to arrest an alien in violation of immigration laws
categories of aliens not entitled to a removal hearing:
- stowaways
- terrorists
- aliens subjected to ER
- VWP participants
- crewmen
aliens must prove “________” that they are entitled to admission.
- “clearly and beyond doubt”
government must provide “_________” evidence that alien is removable as charged.
- “clear and convincing”
relief from removal
- requires filing of an application and hearing.
- alien must prove by preponderance of the evidence that he is entitled to relief from removal
what happens when alien is ordered removed:
- IJ issues removal order
- IJ grants alien voluntary departure
- IJ grants some other form of relief based on aliens application
- USCIS may grant a benefit that result in termination such as a U Visa or T Visa.
when is an ER generally done?
- when the alien doesn’t have proper docs.
Voluntary departure is not available to:
- agg felons
- terrorists
- inadmissible aliens previously afforded voluntary departure.
voluntary return:
- a form of voluntary departure utilized along land borders (mex/can) where illegals are returned to their country within hours.
ER is not available to:
- asylum or fear of persecution
- LPR’s
- juvi’s
- citizens and nationals of CUBA
- crewmen
- VWP applicants
ER vs. VR
- ER is a true removal order which can support a 1326, re-entry after removal.
reinstate
- when an immigration officer reinstates a prior removal order when an alien illegally reenters the US after having been removed, or after having departed voluntarily
administrative removal without a hearing:
- applies to aliens who have been convicted of a crime (agg felon), and who did not have permanent resident status or only had LPR status on a conditional basis.
judicial removal
- the issuance of an order of removal by a US district court judge.
forms of relief available to aliens:
- discretionary relief
- asylum
- adjustment of status
- administrative and judicial relief
discretionary relief:
- IJ cancels removal and grants voluntary departure
asylum:
- asylum to aliens who qualify as a refugee
administrative and judicial relief:
- alien can file and admin appeal
- alien can file a judicial appeal
