What US INA Expedited Removal of Aliens Convicted of Aggravated Felonies (8 USC 1228): Correctional-Facility Proceedings, Administrative Removal and the Conclusive Presumption of Deportability requires
Section 238 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1228, provides for the expedited removal of aliens convicted of committing aggravated felonies, administered by the Department of Homeland Security through US Immigration and Customs Enforcement. Section 1228(a) directs the Attorney General to provide for special removal proceedings at certain Federal, State and local correctional facilities for aliens convicted of criminal offences meeting specified criteria; those proceedings are to be conducted in conformity with section 1229a, are designed to eliminate the need for additional detention and to assure expeditious removal following the end of the alien's incarceration, and require that an alien convicted of an aggravated felony who is taken into custody be detained at a facility where other such aliens are held, with reasonable efforts to protect access to counsel. Section 1228(b) authorises administrative removal without referral to an immigration judge for an alien who is not a lawful permanent resident and is deportable under section 1227(a)(2)(A)(iii) for an aggravated felony: the determination of deportability and the order of removal may be made under the procedures set out in that subsection rather than the full section 1229a hearing, subject to the procedural protections the subsection prescribes. Section 1228(c) provides that an alien convicted of an aggravated felony is conclusively presumed to be deportable from the United States. The section is the accelerated track by which the United States removes serious criminal aliens, and the procedural rules in subsection (b) are the constitutional pressure point where speed meets due process.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Homeland Security (ICE) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: cad1ae5b30493d86366e0698bcd4ddea6cff77fb55c93fce98787c73d020944c
Primary Citations — 8 traced to source
- Immigration and Nationality Act 238, 8 U.S.C. 1228(a)(1) - special removal proceedings at Federal, State and local correctional facilities, conducted in conformity with section 1229a.
- Immigration and Nationality Act 238, 8 U.S.C. 1228(a)(1) - elimination of additional detention and expeditious removal following the end of incarceration.
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