Specifies time and place of hearings Alleged Charged inadmissibility grounds Individual’s procedural rights 10 days to procure counsel INA § 239(b)(3) – Appeals from IJs decisions For a judicial review of removal you must file petition for review directly in the Court of Appeals at the federal level INA § 242(a)(1) – Burden of Proof Arriving alien bears burden of proving admissibility Standard of Unclear Maybe IIRAIRA requires and beyond a doubt entitled “clearly to be admitted and is not admissible” INA § 240(c)(2)(A) – Higher standard than beyond a reasonable doubt Entitled to Enter Qualifies under a category Undocumented Aliens Must show that you were lawfully admitted by clear and convincing evidence in a removal hearing INA § – 240(c)(2)(B) Expedited Removal Also called Summary Exclusion INA § 235(b)(1) – When does it apply? When CBP determines that arriving aliens are inadmissible under INA § 235(b)(1)(A)(i) Fraud INA § 212(a)(6)(C) – Lack of Proper Documents INA § 212(a)(7) – Asylum Screening Interviews INA § 235(b)(1)(A)(i, ii) – When aliens indicate Fear of persecution OR Intention to apply for asylum To determine whether case is strong enough to proceed Process Once found inadmissible under INA §§ 212(a)(6)(C) or 212(a)(7), ordered removed without further heading INA § 235(b)(1)(A)(i) – No administrative appeal or judicial review of admissibility or relief from removal INA § 242(e)(5) – Except returning LPRs, admitted refugees, and asylees INA § 235(b)(1)(C) – Other Special Removal Procedures National Security and Foreign Policy Cases Immigration officer or judge who suspects alien inadmissible under national security or foreign policy inadmissibility grounds order “shall” alien removed INA § 235(c)(1) – DHS Secretary automatically reviews orders If concludes inadmissible (on confidential info) orders removed without further hearing Terrorism
Specifies time and place of hearings Alleged Charged inadmissibility grounds Individual’s procedural rights 10 days to procure counsel – INA § 239(b)(3) Appeals from IJs decisions For a judicial review of removal you must file petition for review directly in the Court of Appeals at the federal level – INA § 242(a)(1) Burden of Proof Arriving alien bears burden of proving admissibility Standard of Unclear Maybe IIRAIRA requires “clearly and beyond a doubt entitled to be admitted and is not admissible” – INA § 240(c)(2)(A) Higher standard than beyond a reasonable doubt Entitled to Enter Qualifies under a category Undocumented Aliens Must show that you were lawfully admitted by clear and convincing evidence in a removal hearing – INA § 240(c)(2)(B) Expedited Removal Also called Summary Exclusion – INA § 235(b)(1) When does it apply? When CBP determines that arriving aliens are inadmissible under INA § 235(b)(1)(A)(i) Fraud – INA § 212(a)(6)(C) Lack of Proper Documents – INA § 212(a)(7) Asylum Screening Interviews – INA § 235(b)(1)(A)(i, ii) When aliens indicate Fear of persecution OR Intention to apply for asylum To determine whether case is strong enough to proceed Process Once found inadmissible under INA §§ 212(a)(6)(C) or 212(a)(7), ordered removed without further heading – INA § 235(b)(1)(A)(i) No administrative appeal or judicial review of admissibility or relief from removal – INA § 242(e)(5) Except returning LPRs, admitted refugees, and asylees – INA § 235(b)(1)(C) Other Special Removal Procedures National Security and Foreign Policy Cases Immigration officer or judge who suspects alien inadmissible under national security or foreign policy inadmissibility grounds “shall” order alien removed – INA § 235(c)(1) DHS Secretary automatically reviews orders If concludes inadmissible (on confidential info) orders removed without further hearing Terrorism
Immigration%20Law%20I%20-%20Brown%20-%20Fall%202011.docx