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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →D. What are the options available to obtain a removal order without a formal immigration hearing? As previously noted, the majority of aliens go through formal proceedings a) conducted by an Immigration Judge, b) where the DHS must prove removal charges i) against the alien. While some aliens a) (by nature of their classification) b) are not entitled to this hearing c) (e.g., i) previously removed aliens (a) who are unlawfully re-enter in the United States, ii) alien stowaways, iii) alien crew members, iv) visa waiver entrants, etc.), 1) aliens a) who are amenable to removal proceedings i) pursuant to the Immigration and Nationality Act (INA) 240, (a) 8 U.S.C. 1229a, are able to obtain a removal order a) without a formal immigration hearing. Specifically, aliens can elect a) to avoid formal immigration hearings i) by entry of removal orders (a) upon stipulation as authorized under INA 240(d). These stipulated orders allow interested aliens, a) such as a criminal foreign national, b) who i) are removable from the United States and ii) are ineligible for or iii) do not wish to pursue (a) relief from removal, c) to have their cases adjudicated i) expeditiously and ii) without an in-person formal immigration hearing. For such aliens, a stipulated removal order a) helps ensure swift justice, b) reduces their time in detention and c) expedites their return to their homeland. Furthermore, stipulated removal orders are a good avenue a) for judicial economy b) in that they create operational efficiencies i) for both the immigration and criminal courts. A prosecutor a) interested in presenting a request i) for a stipulated removal order (a) to an alien defendant 1) should consult with his/her local ICE Office of Chief Counsel. 1. Stipulated Order of Removal by an Immigration Judge: Procedurally, to obtain a stipulated order of removal a) by an Immigration Judge (IJ), a) an alien or b) his/her representative and c) ICE 1) make a joint motion a) to the IJ b) requesting that i) an order of removal be entered against the alien (a) without a hearing and (b) in the absence of the parties. (i.e., similar to default judgment) Pursuant to the joint request, the IJ may enter a removal order a) based solely on a review of i) the charging document, ii) the written stipulation, and iii) supporting documentation, if any. If the alien is a) without representation, 1) the IJ must determine that a) the aliens request i) for a waiver of a formal hearing is voluntary, knowing, and intelligent. A stipulated removal order shall constitute a conclusive determination a) of the aliens removability from the United States. See 8 C.F.R. 1003.25(b). Immigration Court Stipulated Order of Removal: Frequently Asked Questions: 1) How will I know if an alien defendant is a candidate for a stipulated removal order? 2) What is the process to obtain a stipulated removal order? 3) How long does it take to obtain a stipulated removal order? 4) Can an alien appeal the stipulated removal order of an Immigration Judge? 5) Does an alien need to be in ICE detention in order to request and receive a stipulated removal order from an Immigration Judge? 6) Are there any legal bars that might make the alien ineligible for a stipulated removal order? Q: How will I know if an alien defendant is a candidate for a stipulated removal order? A: Most aliens a) who are amenable to removal proceedings i) pursuant to INA 240, 8 U.S.C. 1229a, ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
site ϴ ƴϸ, ̰ "" Ƿ(¶ ƴ϶ å Ⱓ Ƿ) Ǹ մϴ. , Ƿʿ Ȥö ִٸ, װ ƴϸ, Ͽ ̰ų ̶ Ͻñ ٶϴ. ұϰ ̸ ̶ ϽŴٸ, ϴ Ʈ ƴ϶ Ͽ (å Ⱓ Ƿ) Ƿ Ͻʽÿ. 繫ǿ Ͻ κ ƴմϴ. |
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