What US INA Removal Proceedings (8 USC 1229a): Immigration Court Procedure, Rights and Burdens of Proof requires
Section 240 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1229a, establishes the procedure for removal proceedings before an immigration judge in the Executive Office for Immigration Review (EOIR), Department of Justice. Section 1229a(a)(1) provides that an immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien, and section 1229a(a)(3) makes a proceeding under this section the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if already admitted, removed. Section 1229a(b)(4) sets the alien's rights in the proceeding: the alien has the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing; a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine witnesses presented by the Government; and a complete record is kept of all testimony and evidence. Section 1229a(b)(5) permits an in absentia order of removal where the alien fails to appear after proper written notice, with limited grounds and timeframes for rescission. Section 1229a(c) allocates the burdens of proof: under (c)(2) an alien who is an applicant for admission must establish that he is clearly and beyond doubt entitled to be admitted and is not inadmissible, while under (c)(3) in the case of an alien who has been admitted the Service must establish by clear and convincing evidence, on reasonable, substantial, and probative evidence, that the alien is deportable; and under (c)(4) an alien applying for relief or protection from removal bears the burden of establishing eligibility for that relief. The immigration judge's decision results in an order of removal, a grant of relief, or termination, subject to appeal to the Board of Immigration Appeals and judicial review.
Pillar: Immigration & Border Control · Authority: US Congress / Department of Justice (Executive Office for Immigration Review) · 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: 6abe6ad4e319d225d64fa2125b1c9df61ff6045f64b6ee2cec8be76c826775b9
Primary Citations — 8 traced to source
- Immigration and Nationality Act 240, 8 U.S.C. 1229a(a)(1) - immigration judge conducts proceedings to decide inadmissibility or deportability.
- Immigration and Nationality Act 240, 8 U.S.C. 1229a(a)(3) - sole and exclusive procedure for determining admission or removal.
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