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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,

1) are eligible for stipulated removal.

However,

some aliens
        a) (by nature of their classification)

1) are not entitled to a hearing.

For example,

        a) previously removed aliens
                i) (that have re-entered illegally),
        b) alien stowaways,
        c) alien crew members,
        d) visa waiver entrants, etc.,

1) are not eligible to an automatic hearing
        a) in front of an Immigration Judge.

Therefore,

for such class of aliens,

stipulated orders of removal are not appropriate.

For aliens
        a) in immigration proceedings
        b) with legal representation,

1) the alien��s attorney and
2) an ICE counsel
        a) from the local Office of Chief Counsel

   should communicate
        a) to ensure and
        b) determine
                i) whether stipulated removal order is the appropriate vehicle
                        (a) to remove the alien.

Q:        What is the process to obtain a stipulated removal order?

A:                If
        a) stipulated removal is deemed an appropriate avenue and
        b) the alien requests it
                i) (��Motion for Stipulated Removal Order��), an
        c) ICE officer will
                i) prepare and
                ii) duly serve a document
                        (a) containing a joint stipulated request
                                (i) for
                                        (A) an order of removal and
                                        (B) waiver of a hearing
                        (b) along with a charging document,
                                (i) Form I-862,
                                        (A) A Notice to Appear.

The stipulation,
        a) along with the waiver documents,

1) will need to be signed
        a) by the alien and his/her representative
        b) (if the alien is represented).

(Note:

Form EOIR-28,
        a) A Notice of Entry of Appearance as Attorney or Representative
                i) Before the Immigration Court,

1) must be filed        
        a) by the attorney
        b) for completeness and concurrence.

Once properly completed and executed,

the waiver documents are then forwarded
        a) to an Immigration Judge (IJ).

The IJ,
        a) on completion
                i) of an independent review,

1) will adjudicate and
2) either grant or deny the Motion for Stipulated Removal Order.

The IJ may adjudicate the motion
        a) in the parties�� absence. See 8 C.F.R. �� 1003.25(b).

Q:        How long does it take to obtain a stipulated removal order?

A:        The time
        a) that it takes
                i) from signing the paperwork
                        (a) to the Immigration Judge��s determination
                                (i) on the Motion for Stipulated Removal

1) varies depending on ICE and court schedules.

In most locations,

the stipulated order is approved
        a) within a few business days.

Q:        Can an alien appeal the stipulated removal order of an Immigration Judge?


A:        No.

However,

the alien can file a motion
        a) to reopen removal proceedings
        b) in an attempt to vacate the removal order.

Q:        Does an alien need to be in ICE detention in order to request and receive a stipulated removal order from an Immigration Judge?

A:        No.

An alien does not need to be in ICE detention
        a) to file such a request.

The alien can also request a stipulated removal order

1) while in a federal, state, or local prison.

Q:        Are there any legal bars that might make the alien ineligible for a stipulated removal order?

A:        Not all aliens
        a) are amenable
                i) to removal under INA �� 240 and
        b) may therefore be ineligible
                i) for stipulated removal.

Some aliens
        a) (by nature of their classification)

1) are not entitled to a hearing
        a) (e.g.,
                i) previously removed aliens
                        (a) who have illegally re-entered the United States,
                ii) alien stowaways,
                iii) alien crew members,
                iv) visa waiver entrants, etc).

Therefore,

such classes of aliens are
        a) statutorily barred, and
        
1) thus a stipulated order of removal is not appropriate.

Contact information:
ICE Field Offices: http://www.ice.gov/contact/ero/
ICE Special Agent in Charge Offices: http://www.ice.gov/contact/inv/ ICE Offices of Chief Counsel: http://www.ice.gov/contact/opla/

2. Stipulated Judicial Order of Removal (Federal Court):

Aliens who
        a) are deportable
                i) under the Immigration and Nationality Act (INA) and
        b) are defendants
                i) in federal criminal cases

1) may be eligible for judicial removal.

Unlike stipulated removal orders
        a) issued by an Immigration Judge (IJ),

a stipulated judicial order (i.e., district court order)
        a) of removal

1) allows a U.S. District Court
        a) to grant such an order
                i) (at the time
                        (a) of sentencing)
                ii) against a deportable alien.

The U.S. District Court order may be granted
        a) pursuant to a request of a federal prosecutor,
                i) such as an Assistant United States Attorney (AUSA),
        b) along with the concurrence of the ICE Director.
See INA �� 238(c).

Therefore,

an AUSA may wish to present a plea agreement
        a) to an alien defendant and his/her legal representative
        b) that includes the alien��s request
                i) for a stipulated judicial order of removal,
                ii) as outlined in INA �� 238(c)(5),
                
1) in return for a reduced sentencing recommendation
2) when appropriate and permitted under law.

Prior to completing a plea agreement packet
        a) that as well as
                i) charging documents,
                ii) conviction, and
                iii) immigration records
                        (a) from the local ICE office.

Stipulated Judicial Order of Removal: Frequently Asked Questions:

1) How will I know if an alien defendant is a candidate for a stipulated judicial order of removal? 2) What is the process to obtain a stipulated judicial order of removal?
3) When can the alien defendant obtain a stipulated judicial order of removal?
4) Can an alien appeal the stipulated judicial order of removal?
5) If the United States District Court judge or magistrate refuses to accept the plea agreement or issue the stipulated judicial order of removal, can an alien defendant still be removed?
6) Does an alien need to be in the custody of a law enforcement agency to receive a stipulated judicial order of removal?
7) Are there any legal bars that might make the alien ineligible for a stipulated judicial order of removal?

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