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Voluntary departure in the Immigration and Nationality Act (INA) of the United States is a legal remedy available to certain aliens who have been placed in removal proceedings by the former U.S. Immigration and Naturalization Service (INS) or the now Department of Homeland Security (DHS).
Immigration and Naturalization Service v. Cardoza-Fonseca, 480 U.S. 421 (1987), [1] was a United States Supreme Court case that decided that the standard for withholding of removal, which was set in INS v. Stevic, [2] was too high a standard for applicants for asylum to satisfy.
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. [1]
Withdrawal of application for admission is an option that U.S. Department of Homeland Security might offer to an Arriving Alien whereby the alien chooses to withdraw his or her application to enter the United States, and immediately departs the United States (or pre-clearance port of entry).
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 Security ("DHS"), or more specifically, U.S. Immigration and Customs Enforcement. [1]
The U.S. Attorney General must grant an applicant withholding of removal if he determines that the alien's life or freedom would be threatened in a country on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C. § 1253(h)(1). Generally, withholding of deportation is required if it is ...
Stevic, 467 U.S. 407 (1984), the Court held that the clear probability standard applies in proceedings seeking withholding of deportation (now officially referred to as 'withholding of removal' or 'restriction on removal'), because in such cases the Attorney General must allow the applicant to remain in the United States.
Among the categories of parole are port-of-entry parole, humanitarian parole, parole in place, removal-related parole, and advance parole (typically requested by persons inside the United States who need to travel outside the U.S. without abandoning status, such as applicants for LPR status, holders of and applicants for TPS, and individuals with other forms of parole).