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Tag: removal proceedings

  • No Bond on Reentry After Prior Removal

    No Bond on Reentry After Prior Removal

    In Johnson v. Guzman Chavez, 594 U. S. ____ (2021), the U.S. Supreme Court held that the detention of noncitizens ordered removed from the United States who reenter without authorization is governed by 8 U.S.C. § 1231, which means such noncitizens are not entitled to a bond hearing. Full Decision: https://fingfx.thomsonreuters.com/gfx/legaldocs/jznvnyzajpl/IMMIGRATION_SCOTUS_BOND_decision.pdf

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  • Aggravated Felony

    Aggravated Felony

    Aggravated felonies are defined at 8 USC § 1101(a)(43), which lists dozens of common-law terms and references to federal statutes. Aggravated felonies (“AF”) are the convictions with the most serious immigration consequences for a noncitizen. Noncitizens who have been convicted of an AF are prohibited from receiving most forms of relief from deportation, including asylum,…

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  • Arriving Aliens

    DEFINITION OF ARRIVING ALIEN The regulations define “arriving alien” at 8 CFR §1001.1(q): The term arriving alien means an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and…

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  • Administrative Closure

    Administrative Closure Administrative closure can be requested by either the government or the respondent. It may be offered by the government when they prefer not to take testimony or where there potential issued regarding whether someone should receive asylum or another form of relief. This may occur if there are issues with jurisdiction, timeliness, or…

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  • Motion To Terminate

    Termination of Proceedings Proceedings may only be terminated when there is a legal basis for doing so. A motion to terminate asks an Immigration Judge to end the proceedings by alleging that the government’s charges are substantively or procedurally defective. The Immigration Judge’s authority to terminate proceedings are limited by regulations 8 CFR § 1003.10(b) and 8…

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