Deportation Proceedings and Exclusion Proceedings in the United States
Deportation Proceedings and Exclusion Proceedings in relation to Immigration Courts
(information based on the DoJ Manual)
In general
Replaced by removal proceedings
Beginning with proceedings commenced on April 1, 1997, deportation and exclusion proceedings have been replaced by removal proceedings. See (in this American law platform, in relation to immigration courts and judges) generally INA §§ 239, 240, 8 C.F.R. §§ 1003.12 et seq., 1240.1 et seq. However, Immigration Judges continue to conduct deportation and exclusion proceedings in certain cases that began before April 1, 1997.
Compared with removal proceedings
The procedures in deportation and exclusion proceedings are generally similar to the procedures in removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court, Filing with the Immigration Court, Hearings before Immigration Judges, Motions before the Immigration Court, and Appeals of Immigration Judge Decisions. However, deportation and exclusion proceedings are significantly different from removal proceedings in areas such as burden of proof, forms of relief available, and custody. Accordingly, parties in deportation and exclusion proceedings should carefully review the laws and regulations pertaining to those proceedings. The information in This entry is provided as a general guideline only.
Deportation proceedings
Order to Show Cause
Deportation proceedings began when the former Immigration and Naturalization Service (INS) filed an Order to Show Cause (Form I-221) with the Immigration Court after serving it on the Alien (person who is not a citizen or national of the United States) in person or by certified mail. See (in this American law platform, in relation to immigration courts and judges) former INA § 242B(a)(1), 8 C.F.R. § 1240.40 et seq. See (in this American law platform, in relation to immigration courts and judges) also Function of the Office of the Chief Immigration Judge. Similar to a Notice to Appear (Form I-862), an Order to Show Cause (Form I-221) is a written notice containing factual allegations and charge(s) of deportability.
Hearing notification
In deportation proceedings, hearing notices from the Immigration Court are served on the parties, personally or by certified mail, at least 14 days prior to the hearing.
Grounds of deportability
The grounds for deportation that apply in deportation proceedings are listed in former INA § 241. In some cases, those grounds are different from the grounds of deportability in removal proceedings. Compare former INA § 241 (prior to 1997) with current INA § 237.
Forms of relief
For the most part, the same forms of relief are available in deportation proceedings as in removal proceedings. However, there are important differences. Parties in deportation proceedings should carefully review the relevant law and regulations.
Appeals
In most cases, an Immigration Judge’s decision in a deportation proceeding can be appealed to the Board of Immigration Appeals. See (in this American law platform, in relation to immigration courts and judges) Appeals of Immigration Judge Decisions.
Exclusion proceedings
Notice to Applicant Detained for Hearing
Exclusion proceedings began when the Immigration and Naturalization Service (INS) filed a Notice to Applicant (a person in exclusion proceedings) for Admission Detained for Hearing before an Immigration Judge (Form I-122). See (in this American law platform, in relation to immigration courts and judges) former INA § 242(b), 8 C.F.R. § 1240.30 et seq. The Form I-122 is a written notice containing the charge(s) of excludability. Unlike the Order to Show Cause, the Form I-122 does not contain factual allegations.
Hearing notification
In exclusion proceedings, the alien must be given a reasonable opportunity to be present at the hearing. Note that, in exclusion proceedings, notice to the alien is not governed by the same standards as in deportation proceedings. See (in this American law platform, in relation to immigration courts and judges) Matter of Nafi, 19 I&N Dec. 430 (BIA 1987).
Closed to public
Exclusion hearings are closed to the public, unless the Applicant (a person in exclusion proceedings) requests that the public be allowed to attend.
Grounds of excludability
The grounds for exclusion are listed in the former INA § 212. In some cases, the grounds of excludability in exclusion proceedings are different from the grounds of inadmissibility in removal proceedings. Compare former INA § 212 (prior to 1997) with current INA § 212.
Forms of relief
For the most part, the same forms of relief are available in exclusion proceedings as in removal proceedings. However, there are important differences. Parties in exclusion proceedings should carefully review the relevant law and regulations.
Appeals
An Immigration Judge’s decision in an exclusion proceeding can be appealed to the Board of Immigration Appeals. See (in this American law platform, in relation to immigration courts and judges) Appeals of Immigration Judge Decisions).
Deportation Proceedings and Exclusion Proceedings in relation to Immigration Courts
(information based on the DoJ Manual)
In general
Replaced by removal proceedings
Beginning with proceedings commenced on April 1, 1997, deportation and exclusion proceedings have been replaced by removal proceedings. See (in this American law platform, in relation to immigration courts and judges) generally INA §§ 239, 240, 8 C.F.R. §§ 1003.12 et seq., 1240.1 et seq. However, Immigration Judges continue to conduct deportation and exclusion proceedings in certain cases that began before April 1, 1997.
Compared with removal proceedings
The procedures in deportation and exclusion proceedings are generally similar to the procedures in removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court, Filing with the Immigration Court, Hearings before Immigration Judges, Motions before the Immigration Court, and Appeals of Immigration Judge Decisions. However, deportation and exclusion proceedings are significantly different from removal proceedings in areas such as burden of proof, forms of relief available, and custody. Accordingly, parties in deportation and exclusion proceedings should carefully review the laws and regulations pertaining to those proceedings. The information in This entry is provided as a general guideline only.
Deportation proceedings
Order to Show Cause
Deportation proceedings began when the former Immigration and Naturalization Service (INS) filed an Order to Show Cause (Form I-221) with the Immigration Court after serving it on the Alien (person who is not a citizen or national of the United States) in person or by certified mail. See (in this American law platform, in relation to immigration courts and judges) former INA § 242B(a)(1), 8 C.F.R. § 1240.40 et seq. See (in this American law platform, in relation to immigration courts and judges) also Function of the Office of the Chief Immigration Judge. Similar to a Notice to Appear (Form I-862), an Order to Show Cause (Form I-221) is a written notice containing factual allegations and charge(s) of deportability.
Hearing notification
In deportation proceedings, hearing notices from the Immigration Court are served on the parties, personally or by certified mail, at least 14 days prior to the hearing.
Grounds of deportability
The grounds for deportation that apply in deportation proceedings are listed in former INA § 241. In some cases, those grounds are different from the grounds of deportability in removal proceedings. Compare former INA § 241 (prior to 1997) with current INA § 237.
Forms of relief
For the most part, the same forms of relief are available in d
eportation proceedings as in removal proceedings. However, there are important differences. Parties in deportation proceedings should carefully review the relevant law and regulations.
Appeals
In most cases, an Immigration Judge’s decision in a deportation proceeding can be appealed to the Board of Immigration Appeals. See (in this American law platform, in relation to immigration courts and judges) Appeals of Immigration Judge Decisions.
Exclusion proceedings
Notice to Applicant Detained for Hearing
Exclusion proceedings began when the Immigration and Naturalization Service (INS) filed a Notice to Applicant (a person in exclusion proceedings) for Admission Detained for Hearing before an Immigration Judge (Form I-122). See (in this American law platform, in relation to immigration courts and judges) former INA § 242(b), 8 C.F.R. § 1240.30 et seq. The Form I-122 is a written notice containing the charge(s) of excludability. Unlike the Order to Show Cause, the Form I-122 does not contain factual allegations.
Hearing notification
In exclusion proceedings, the alien must be given a reasonable opportunity to be present at the hearing. Note that, in exclusion proceedings, notice to the alien is not governed by the same standards as in deportation proceedings. See (in this American law platform, in relation to immigration courts and judges) Matter of Nafi, 19 I&N Dec. 430 (BIA 1987).
Closed to public
Exclusion hearings are closed to the public, unless the Applicant (a person in exclusion proceedings) requests that the public be allowed to attend.
Grounds of excludability
The grounds for exclusion are listed in the former INA § 212. In some cases, the grounds of excludability in exclusion proceedings are different from the grounds of inadmissibility in removal proceedings. Compare former INA § 212 (prior to 1997) with current INA § 212.
Forms of relief
For the most part, the same forms of relief are available in exclusion proceedings as in removal proceedings. However, there are important differences. Parties in exclusion proceedings should carefully review the relevant law and regulations.
Appeals
An Immigration Judge’s decision in an exclusion proceeding can be appealed to the Board of Immigration Appeals. See (in this American law platform, in relation to immigration courts and judges) Appeals of Immigration Judge Decisions).
Leave a Reply