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The alien received a prior order of removal (or deportation or exclusion). This may have been expedited removal, stipulated removal, or removal or deportation through regular court proceedings. The alien departed the United States after receiving the order. This includes both voluntary departure and forcible removal. The key requirement is that ...
Where removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district court within 30 days after receiving the complaint. The defendant must file a copy of the notice of removal in the state court and must notify all other parties of the removal.
This form of voluntary departure is used after the alien has been given a Notice to Appear (NTA) for removal proceedings, along with a list of charges against the alien. At this point, the responsibility for the alien falls with the ICE. In some cases, the ICE may detain the alien at a detention center.
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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]
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, [1] without going through the normal removal proceedings (which involve hearings before an immigration judge). [2]
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.
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]
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