Removal Proceeding Law and Legal Definition
Removal proceeding is the process by which illegal aliens are removed from the territory of the United States. Section 238(b) of the Immigration and Nationality Act (INA) specifies the procedures for removal. Accordingly, the Attorney General may determine the removability of aliens, who are not lawful permanent residents, but have final conviction for an aggravated felony, in administrative removal proceedings. The INA provides for expedited removal of aliens in appropriate cases. Thus, pursuant to Section 235(b)(1)(A) of the INA, an immigration officer shall order an alien removed from the United States without further hearing or review, if it is determined that the arriving alien is inadmissible, unless the alien indicates either an intention to apply for asylum, or expresses a fear of persecution. If the alien expresses a fear of persecution or a desire to apply for asylum, the agency shall detain the alien and refer him/her for a “credible fear” interview with an asylum officer, pursuant to Section 235(b)(1)(A)(ii) of the INA.
