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Removal Proceedings
In the United States, removal proceedings are administrative proceedings to determine an individual's removability under federal immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ). History Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), deportation proceedings were used to determine whether a person could be deported from the United States. When IIRIRA took effect in 1997, deportation proceedings were replaced by removal proceedings, though any cases begun before IIRIRA's effective date continue to be processed as deportation proceeding. Procedure Persons in removal proceedings are called "respondents." Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice. Removal proceedings are prosecuted by attorneys from the Department of Homeland Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cancellation Of Removal
Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated.INA § 240A(a), Cancellation of removal was crafted by the U.S. Congress to replace "suspension of deportation," a similar form of relief available prior to April 1, 1997.''Othi v. Holder''734 F.3d 259 264-65 ( 4th Cir. 2013) ("In 1996, Congress 'made major changes to immigration law' via IIRIRA. . . . These IIRIRA changes became effective on April 1, 1997."). Cancellation of removal is potentially available to aliens. A non-Lawful permanent resident (LPR) who is granted cancellation of removal becomes an LPR.INA § 240A(b), ("Cancellation of removal and adjustment of status for certain nonpermanent residents"). Background Prior to April ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stipulated Removal
Stipulated removal is a summary deportation procedure used in immigration enforcement in the United States. Stipulated removal occurs when a noncitizen who is facing removal proceedings and is scheduled for a hearing with an immigration judge signs a document stipulating that he/she is waiving the right to trial and to appeal, and is prepared to be removed immediately. The stipulation of removal must still be signed off by the judge before whom the hearing is to take place, but the noncitizen need not be physically presented to the judge. It is authorized under Section 240(d) of the Immigration and Nationality Act of 1965 According to the United States Code of Federal Regulations: "A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States." Stipulated removal applies only to those who are scheduled for regular removal proceedings, and does not apply to people who are being removed through other summary procedures such as exped ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reinstatement Of Removal
Reinstatement of removal refers to an immigration enforcement procedure in the United States in which a previously deported immigrant can be again deported for subsequent illegal entries with no required judicial review except in very limited circumstances. History Existence before IIRIRA Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, reinstatement of removal only applied to people previously deported (not excluded) on grounds relating to certain criminal convictions, failing to register, falsification of documents, or security or terrorist related grounds. Formalization in IIRIRA (1996, active since April 1997) Reinstatement of removal was introduced in legislation as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, passed by the 104th United States Congress and signed into law by then-United States President Bill Clinton, and active as of April 1, 1997. Subsequent changes and refinements The practice o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expedited Removal
Expedited removal is a process related to immigration enforcement in the United States where an alien is denied entry to and/or physically removed from the country, without going through the normal removal proceedings (which involve hearings before an immigration judge). The legal authority for expedited removal (in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)) allows for its use against most unauthorized entrants who have been in the United States for less than two years. Over time, the scope of eligibility has been expanded and contracted at the discretion of the United States Secretary of Homeland Security, and as of 2025 is at the maximum extent allowed by law. This includes any deportable alien encountered anywhere in the country, who has been present in the United States for less than two years. History Legal authority given by IIRIRA (passed 1996, effective 1997) Expedited removal was first introduced in United States immigration law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Policy Center
The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council, a 501(c)(3) organization in the United States dedicated to promoting immigration to the United States and protecting the rights and privileges of immigrants in the United States. History The Immigration Policy Center was founded in 2003. Its parent body, the American Immigration Council, was founded as a 501(c)(3) organization in 1987. Goals The main goals of the Immigration Policy Center, according to the About page on their website, are: # Contributing research on issues related to immigrants and their impact on the economy, job market, and crime in the United States. # Bridging the gap between advocates and academics, politicians, and the public, by disseminating their research widely and holding conferences and briefings. # Combating claims made by anti-immigration groups that they consider erroneous and harmful to their cause (later section). The goals of the American Imm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continuance
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge ''sua sponte''. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant (the person seeking the continuance), especially when the court deems it necessary and prudent in the "interest of justice." Criminal cases In general Although a continuance is the result of a court order issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably. The burden of scheduling trials, which includes assembling witnesses, lawyers and jurors at the same time, is not us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Proceedings
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Information Institute
The Legal Information Institute (LII) is a non-profit public service of Cornell Law School that provides no-cost access to current American and international legal research sources online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Movement. History LII was established in 1992 at Cornell Law School by Peter Martin and Tom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawful Permanent Resident
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 12.8 million green card holders, of whom almost 9 million are eligible to become United States citizens. Approximately 18,700 of them serve in the U.S. Armed Forces. Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a preponderance of the evidence that they, among other things, have continuously resided in the United States for one to five years and are persons of good moral character.''Al-Sharif v. United States Citizenship and Im ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
