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proceeding, an Immigration Judge determines whether an alien’s status as a lawful permanent resident should be “rescinded,” or taken away, because Alien (person who is not a citizen or national of the United States) was not entitled to become a lawful permanent resident.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 An alien’s lawful permanent resident status may not be rescinded if more than 5 years have passed since the Alien (person who is not a citizen or national of the United States) became a lawful permanent resident.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proceeding, an Immigration Judge determines whether an alien’s status as a lawful permanent resident should be “rescinded,” or taken away, because Alien (person who is not a citizen or national of the United States) was not entitled to become a lawful permanent resident.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 An alien’s lawful permanent resident status may not be rescinded if more than 5 years have passed since the Alien (person who is not a citizen or national of the United States) became a lawful permanent resident.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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