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Start →Removal Proceedings Process The Executive Office for Immigration Review, a) an agency of the Department of Justice, 1) oversees three components a) that adjudicate matters i) involving immigration law ii) at both A) the trial and B) appellate level. The Executive Office for Immigration Review a) immigration judges 1) hold evidentiary removal hearings a) to determine i) whether certain aliens are removable from the United States. When a Department of Homeland Security (DHS) enforcement official determines a) that i) a person is in the United States illegally and ii) the alleged illegal alien denies that allegation, 1) the official serves the alleged illegal alien a) with a Notice to Appear. The Notice to Appear is a “charging document” a) that i) initiates formal removal proceedings and ii) can be served either A) in person or B) through the mail. Once this document has been issued, DHS is not permitted a) to remove the alleged illegal alien i) from the United States. Generally, a Notice to Appear includes the date, time, and place a) of the removal hearing, 1) although sometimes it will indicate that a) a future document will provide the date, time, and place of the hearing. DHS also files these notices a) with the Executive Office for Immigration Review. At the hearings, attorneys a) from United States Immigration and Customs Enforcement’s i) Office of Principal Legal Advisor 1) present evidence a) that the alleged illegal alien, i) or “respondent,” is removable. The immigration judge makes two determinations: 1. Whether the alleged illegal alien is removable. For example, when an immigration judge determines A) that the respondent is a United States citizen, 1) he or she would not be removable. 2. When the respondent is deemed i) to be removable, 1) then the immigration judge determines A) whether the alien is entitled to any relief from removal. The most common forms A) of relief 1) are A) adjustment of status I) to that of a lawful permanent resident, B) asylum, and C) cancellation of removal. The immigration judge makes the decision a) during a recorded proceeding. When the judge finds against the respondent, 1) he or she is issued a final order of removal. When the respondent fails to appear at the hearing, 1) the DHS attorney presents evidence a) to the immigration judge b) that the respondent is removable. Based on the evidence, 1) the immigration judges issues an in absentia order. The result a) of the in absentia hearing 1) is mailed to the respondent. When an immigration judge’s decision is against the respondent, 1) the respondent can appeal to the Board of Immigration Appeals. Likewise, when the immigration judge’s decision is in favor of the respondent, 1) the government may appeal to the Board of Immigration Appeals. The Board’s decisions are subject to review a) by the federal courts. Aliens a) who have been issued a final order of removal 1) are required to leave the country. ← End
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