Rescission Proceedings

Rescission Proceedings in the United States

Rescission Proceedings in relation to Immigration Courts

(information based on the DoJ Manual)

In general

In a rescission proceeding, an Immigration Judge determines whether an alien’s status as a lawful permanent resident should be “rescinded,” or taken away, because Alien (person who is not a citizen or national of the United States) was not entitled to become a lawful permanent resident. See (in this American law platform, in relation to immigration courts and judges) generally 8 C.F.R. § 1246.1 et seq. An alien’s lawful permanent resident status may not be rescinded if more than 5 years have passed since the Alien (person who is not a citizen or national of the United States) became a lawful permanent resident. See (in this American law platform, in relation to immigration courts and judges) INA § 246(a).

Notice of Intent to Rescind

A rescission proceeding begins when the Department of Homeland Security personally serves an Alien with a Notice of Intent to Rescind. The Alien has 30 days to submit a sworn answer in writing and/or request a hearing before an Immigration Judge. A rescission hearing is held if the Alien files a timely answer which contests or denies any allegation in the Notice of Intent to Rescind or the Alien requests a hearing.

Conduct of hearing

Rescission proceedings are conducted in a manner similar to removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Hearings Before Immigration Judges.

Appeal

An Immigration Judge’s decision in a rescission proceeding can be appealed to the Board of Immigration Appeals.

Rescission Proceedings in relation to Immigration Courts

(information based on the DoJ Manual)

In general

In a rescission proceeding, an Immigration Judge determines whether an alien’s status as a lawful permanent resident should be “rescinded,” or taken away, because Alien (person who is not a citizen or national of the United States) was not entitled to become a lawful permanent resident. See (in this American law platform, in relation to immigration courts and judges) generally 8 C.F.R. § 1246.1 et seq. An alien’s lawful permanent resident status may not be rescinded if more than 5 years have passed since the Alien (person who is not a citizen or national of the United States) became a lawful permanent resident. See (in this American law platform, in relation to immigration courts and judges) INA § 246(a).

Notice of Intent to Rescind

A rescission proceeding begins when the Department of Homeland Security personally serves an Alien with a Notice of Intent to Rescind. The Alien has 30 days to submit a sworn answer in writing and/or request a hearing before an Immigration Judge. A rescission hearing is held if the Alien files a timely answer which contests or denies any allegation in the Notice of Intent to Rescind or the Alien requests a hearing.

Conduct of hearing

Rescission proceedings are conducted in a manner similar to removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Hearings Before Immigration Judges.

Appeal

An Immigration Judge’s decision in a rescission proceeding can be appealed to the Board of Immigration Appeals.


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