Limited Proceedings in the United States

Limited Proceedings in relation to Immigration Courts

(information based on the DoJ Manual)

Immigration Limited Proceedings

Note: there is more information about this topic in the corrresponding entry.

Record of Proceedings

The Immigration Judge creates a Record of Proceedings. If an individual subject to a claimed status review is later placed in removal proceedings, the Record of Proceedings for the claimed status review is merged with the Record of Proceedings for the removal proceedings.

Conduct of hearing

Either party may introduce oral or written statements, and an interpreter is provided if necessary. Though the claimed status review is limited in nature, claims to status, particularly claims to United States citizenship, can be complicated and may require extensive evidence. Therefore, the Immigration Judge has the discretion to continue proceedings to allow DHS and the person making the claim to collect and submit evidence. The hearing is recorded.

If the Immigration Judge verifies the claimed status

If the Immigration Judge determines that the individual subject to the review is a United States citizen or lawful permanent resident, or that he or she has been granted asylum or refugee status, the expedited removal order is vacated, or cancelled, and the proceedings are terminated. Unless the Immigration Judge determines that the person in proceedings is a United States citizen, DHS may elect to place him or her in removal proceedings. In removal proceedings, he or she has the same rights, obligations, and opportunities for relief as any other alien in removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Hearings before Immigration Judges.

If the Immigration Judge cannot verify the claimed status

If the Immigration Judge determines that the subject of a claimed status review is not a United States citizen or lawful permanent resident, and that he or she has not been granted asylee or refugee status, the individual is returned to DHS for removal. There is no appeal from an Immigration Judge’s ruling in a claimed status review.

Asylum-only proceedings

Asylum-only proceedings are limited proceedings in which the Immigration Judge considers applications for asylum, withholding of removal (“restriction on removal”) under INA § 241(b)(3), and protection under the Convention Against Torture.

Beginning asylum-only proceedings

Asylum-only proceedings are commenced as follows, depending upon the status of the alien.

Stowaways with a credible fear of persecution or torture

When a Department of Homeland Security (DHS) asylum officer or an Immigration Judge finds that a stowaway has a credible fear of persecution or torture, the stowaway’s matter is referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 208.30(f), 1208.2(c)(1)(ii), 1208.30(g)(2)(iv)(C).

Crewmembers (D visa applicants)

When an alien crewmember expresses a fear of persecution or torture to a DHS immigration officer, he or she is removed from the vessel and taken into DHS custody. The crewmember is then provided an Application for Asylum and for Withholding of Removal (Form I-589), which must be completed and returned to DHS within 10 days unless DHS extends the deadline for good cause. The application is then referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1208.2(c)(1)(i), 1208.5(b)(1)(ii).

Visa waiver applicants and overstays

When an alien who has applied for admission, been admitted, or overstayed his or her admission under the visa waiver program expresses a fear of persecution or torture to a DHS immigration officer, or applies for asylum with DHS, the matter may be referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1208.2(c)(1)(iii), 1208.2(c)(1)(iv).

Certain cooperating witnesses and informants (S visa applicants)

When an alien who has applied for admission, or been admitted, with an S visa expresses a fear of persecution or torture to a DHS immigration officer, or applies for asylum with DHS, the matter is referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(1)(vi).

Persons subject to removal under INA § 235(c) on security grounds

When a DHS immigration officer or an Immigration Judge suspects that an arriving alien appears removable as described in INA § 235(c), the alien is ordered removed, and the matter is referred to a DHS district director. A DHS regional director may then order the case referred to an Immigration Judge for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1208.2(c)(1)(v), 1235.8.

Scope of the proceedings

Asylum-only proceedings are limited to applications for asylum, withholding of removal (“restriction on removal”) under INA § 241(b)(3), and protection under the Convention Against Torture. Neither the alien nor DHS may raise any other issues, including issues of admissibility, deportability, eligibility for waivers, and eligibility for any other form of relief. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(3)(i).

Conduct of the proceedings

Asylum-only proceedings are conducted under the procedures governing removal proceedings. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(3). See (in this American law platform, in relation to immigration courts and judges) also Hearings before Immigration Judges.

Appeals

Decisions by Immigration Judges in asylum-only proceedings may be appealed to the Board of Immigration Appeals.

Withholding-only proceedings

Withholding-only proceedings are limited proceedings involving aliens subject to expedited removal under INA § 238 and aliens subject to reinstatement of prior orders of removal under INA § 241(a)(5), who have a reasonable fear of persecution or torture. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(2). In withholding-only proceedings, the Immigration Judge considers applications for withholding of removal (“restriction on removal”) under the Immigration and Nationality Act and protection under the Convention Against Torture.

Beginning withholding-only proceedings

When a DHS asylum officer or Immigration Judge finds that an alien subject to expedited removal under INA § 238 or an alien subject to reinstatement of a prior order of removal under INA § 241(a)(5) has a reasonable fear of persecution or torture, the matter is referred to the Immigration Court for a withholding-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 208.31(e), 1208.31(g)(2).

Scope of the proceedings

Withholding-only proceedings are limited to applications for withholding of removal (“restriction on removal”) under INA § 241(b)(3) and protection under the Convention Against Torture. Neither the alien nor DHS may raise any other issues, including issues of admissibility, deportability, eligibility for waivers, and eligibility for any other form of relief. 8 C.F.R. § 1208.2(c)(3)(i).

Conduct of the proceedings

Withholding-only proceedings are conducted under the procedures governing removal proceedings. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(3). See (in this American law platform, in relation to immigration courts and judges) also Hearings before Immigration Judges.

Appeals

Decisions by Immigration Judges in withholding-onl
y proceedings may be appealed to the Board of Immigration Appeals.

Limited Proceedings in relation to Immigration Courts

(information based on the DoJ Manual)

Immigration Limited Proceedings

Note: there is more information about this topic in the corrresponding entry.

Record of Proceedings

The Immigration Judge creates a Record of Proceedings. If an individual subject to a claimed status review is later placed in removal proceedings, the Record of Proceedings for the claimed status review is merged with the Record of Proceedings for the removal proceedings.

Conduct of hearing

Either party may introduce oral or written statements, and an interpreter is provided if necessary. Though the claimed status review is limited in nature, claims to status, particularly claims to United States citizenship, can be complicated and may require extensive evidence. Therefore, the Immigration Judge has the discretion to continue proceedings to allow DHS and the person making the claim to collect and submit evidence. The hearing is recorded.

If the Immigration Judge verifies the claimed status

If the Immigration Judge determines that the individual subject to the review is a United States citizen or lawful permanent resident, or that he or she has been granted asylum or refugee status, the expedited removal order is vacated, or cancelled, and the proceedings are terminated. Unless the Immigration Judge determines that the person in proceedings is a United States citizen, DHS may elect to place him or her in removal proceedings. In removal proceedings, he or she has the same rights, obligations, and opportunities for relief as any other alien in removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Hearings before Immigration Judges.

If the Immigration Judge cannot verify the claimed status

If the Immigration Judge determines that the subject of a claimed status review is not a United States citizen or lawful permanent resident, and that he or she has not been granted asylee or refugee status, the individual is returned to DHS for removal. There is no appeal from an Immigration Judge’s ruling in a claimed status review.

Asylum-only proceedings

Asylum-only proceedings are limited proceedings in which the Immigration Judge considers applications for asylum, withholding of removal (“restriction on removal”) under INA § 241(b)(3), and protection under the Convention Against Torture.

Beginning asylum-only proceedings

Asylum-only proceedings are commenced as follows, depending upon the status of the alien.

Stowaways with a credible fear of persecution or torture

When a Department of Homeland Security (DHS) asylum officer or an Immigration Judge finds that a stowaway has a credible fear of persecution or torture, the stowaway’s matter is referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 208.30(f), 1208.2(c)(1)(ii), 1208.30(g)(2)(iv)(C).

Crewmembers (D visa applicants)

When an alien crewmember expresses a fear of persecution or torture to a DHS immigration officer, he or she is removed from the vessel and taken into DHS custody. The crewmember is then provided an Application for Asylum and for Withholding of Removal (Form I-589), which must be completed and returned to DHS within 10 days unless DHS extends the deadline for good cause. The application is then referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1208.2(c)(1)(i), 1208.5(b)(1)(ii).

Visa waiver applicants and overstays

When an alien who has applied for admission, been admitted, or overstayed his or her admission under the visa waiver program expresses a fear of persecution or torture to a DHS immigration officer, or applies for asylum with DHS, the matter may be referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1208.2(c)(1)(iii), 1208.2(c)(1)(iv).

Certain cooperating witnesses and informants (S visa applicants)

When an alien who has applied for admission, or been admitted, with an S visa expresses a fear of persecution or torture to a DHS immigration officer, or applies for asylum with DHS, the matter is referred to the Immigration Court for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(1)(vi).

Persons subject to removal under INA § 235(c) on security grounds

When a DHS immigration officer or an Immigration Judge suspects that an arriving alien appears removable as described in INA § 235(c), the alien is ordered removed, and the matter is referred to a DHS district director. A DHS regional director may then order the case referred to an Immigration Judge for an asylum-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1208.2(c)(1)(v), 1235.8.

Scope of the proceedings

Asylum-only proceedings are limited to applications for asylum, withholding of removal (“restriction on removal”) under INA § 241(b)(3), and protection under the Convention Against Torture. Neither the alien nor DHS may raise any other issues, including issues of admissibility, deportability, eligibility for waivers, and eligibility for any other form of relief. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(3)(i).

Conduct of the proceedings

Asylum-only proceedings are conducted under the procedures governing removal proceedings. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(3). See (in this American law platform, in relation to immigration courts and judges) also Hearings before Immigration Judges.

Appeals

Decisions by Immigration Judges in asylum-only proceedings may be appealed to the Board of Immigration Appeals.

Withholding-only proceedings

Withholding-only proceedings are limited proceedings involving aliens subject to expedited removal under INA § 238 and aliens subject to reinstatement of prior orders of removal under INA § 241(a)(5), who have a reasonable fear of persecution or torture. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(2). In withholding-only proceedings, the Immigration Judge considers applications for withholding of removal (“restriction on removal”) under the Immigration and Nationality Act and protection under the Convention Against Torture.

Beginning withholding-only proceedings

When a DHS asylum officer or Immigration Judge finds that an alien subject to expedited removal under INA § 238 or an alien subject to reinstatement of a prior order of removal under INA § 241(a)(5) has a reasonable fear of persecution or torture, the matter is referred to the Immigration Court for a withholding-only proceeding. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 208.31(e), 1208.31(g)(2).

Scope of the proceedings

Withholding-only proceedings are limited to applications for withholding of removal (“restriction on removal”) under INA § 241(b)(3) and protection under the Convention Against Torture. Neither the alien nor DHS may raise any other issues, including issues of admissibility, deportability, eligibility for waivers, and eligibility for any other form of relief. 8 C.F.R. § 1208.2(c)(3)(i).

Conduct of the proceedings

Withholding-only proceedings are conducted under the procedures governing removal proceedings. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1208.2(c)(3). See (in this American law platform, in relation to immigration courts and judges) also Hearings before Immigration Judges.

Appeals

Decisions by Immigration Judges in withholding-on
ly proceedings may be appealed to the Board of Immigration Appeals.