Removal


A “removal” proceeding is the name for the proceeding at which a noncitizen’s inadmissibility or deportability is decided. §212 of the Immigration and Nationality Act (INA) describes grounds for inadmissibility of noncitizens and INA §237(a) describes grounds for deportability of noncitizens. Both grounds for removal have their own form of discretionary waivers. The crux in determining whether a person is subject to inadmissibility laws versus deportation laws is the status of their admittance to the U.S. Noncitizens who enter the United States without having been “admitted” or paroled are inadmissible rather than deportable and therefore subject to INA §212 rather than INA§237(a) at removal proceedings. A special category of noncitizens, Lawful Permanent Residents (LPR’s), are presumed not to be applicants for admission.  When initiating removal proceedings, the government bears the burden of proving that an exception in INA § 101(a)(13)(C) applies to the LPR. The exceptions for LPR’s are as follows: (i) […]

Removal Proceedings: Inadmissibility v. Deportability