Legal definition of Removal Proceeding
Visas Legal Terminology

Removal Proceeding

1
Pursuant to Section 238(b) of the Immigration and Nationality Act (INA), the Attorney General, may determine the removability of aliens, who are not lawful permanent residents, but have final conviction for an aggravated felony, in administrative removal proceedings.
Expedited Removal:

Pursuant to Section 235(b)(1)(A) of the INA, an immigration (CIS) officer shall order an alien removed from the United States without further hearing or review, if it is determined that the arriving alien is inadmissible, unless the alien indicates either an intention to apply for asylum, or expresses a fear of persecution.
If the alien expresses a fear of persecution or a desire to apply for asylum, the CIS shall detain the alien and refer him or her for a “credible fear” interview with an asylum officer, pursuant to Section 235(b)(1)(A)(ii) of the INA.
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