Deportation/Removal
What does "Deportation/Removal" mean in law?
Removal is the formal process by which the federal government expels a noncitizen from the United States for violating immigration law, encompassing what was historically divided into 'deportation' (for those already admitted) and 'exclusion' (for those seeking entry). Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), these proceedings were consolidated into a single 'removal' framework under INA section 240. Grounds for removal include inadmissibility at entry, criminal convictions (particularly aggravated felonies under INA section 101(a)(43)), unlawful presence, and fraud. Noncitizens in removal proceedings before an immigration judge may seek relief such as asylum, cancellation of removal, or voluntary departure.
Definition
Removal is the formal process by which the federal government expels a noncitizen from the United States for violating immigration law, encompassing what was historically divided into 'deportation' (for those already admitted) and 'exclusion' (for those seeking entry). Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), these proceedings were consolidated into a single 'removal' framework under INA section 240. Grounds for removal include inadmissibility at entry, criminal convictions (particularly aggravated felonies under INA section 101(a)(43)), unlawful presence, and fraud. Noncitizens in removal proceedings before an immigration judge may seek relief such as asylum, cancellation of removal, or voluntary departure.
Example
After being convicted of an aggravated felony, a lawful permanent resident is placed in removal proceedings before an immigration judge, where he seeks cancellation of removal to avoid being expelled from the country.