Removal in the United States

Removal Definition

Deportation in this legal Encyclopedia
Removal definition in the Law Dictionary

Removal in the Foreign Sovereign Immunities Act

The removal provision the Foreign Sovereign Immunities Act (FSIA) states that “[a]ny civil action brought in a State court against a foreign state . . . may be removed by the foreign state to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441(d).

In the case Guan v. Bi, 13-CV-05537-WHO, 2014 WL 953757 (N.D. Cal. Mar. 6, 2014), the court held that a non-sovereign defendant was not entitled to remove an action to federal court under the the Foreign Sovereign Immunities Act. This piece of legislation “does not require that every action against a foreign state be in federal court,” and that “section 1441(d) is the exclusive basis for removing actions against foreign states,” which did not enable a non-sovereign defendant to remove a case against a foreign sovereign.

The 28 U.S.C. § 1441(a) states that except “as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court”. The Court, then, held that, since the defendant was “not a foreign state,” “the FSIA does not allow [the non-sovereign defendant] to remove [the] case.”

Removal in Foreign Legal Encyclopedias

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Second Guessing the Plaintiff’s Choice of Forum: Removal

There is some information in the United States Procedure Law section of this American Legal Encyclopedia about Second Guessing the Plaintiff’s Choice of Forum: Removal. For a wide overview, read about Choosing a Propert Court

Removal (Indian Removal Policy) in the U.S. Legal History

Summary

A policy of resettling eastern Indian tribes on lands west of the Mississippi River.

Removal (Jurisdiction)

This section introduces, discusses and describes the basics of removal. Then, cross references and a brief overview about Jurisdiction is provided. Finally, the subject of Proceedings in relation with removal is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Removal (Jurisdiction)

This section introduces, discusses and describes the basics of removal. Then, cross references and a brief overview about Jurisdiction is provided. Finally, the subject of Practice in relation with removal is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Removal (Civil Procedure)

This section introduces, discusses and describes the basics of removal. Then, cross references and a brief overview about Civil Procedurein relation to removal is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.