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Removal Proceeding Defined (Immigration & Legal Terms)

Removal Proceeding

A formal procedure executed in front of an immigration judge to have an alien forcibly removed from the United States. Immigration Judges conduct removal proceedings, which account for approximately 80 percent of their caseload. Federal rules of evidence are inapplicable in Immigration Court; thus, an Immigration Judge has greater authority to receive most kinds of evidence in deciding a case.

Removal proceedings generally require an Immigration Judge to make two findings: (1) a determination of the alien's removability from the United States, and (2) thereafter deciding whether the alien is eligible for a form of relief from removal. For more information on the types of relief available to an alien, please see Forms of Relief from Removal Fact Sheet at www.usdoj.gov/eoir.

Synonyms for Removal Proceeding:

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