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Removal Proceedings
Removal proceedings are administrative proceedings to determine an individual's removability under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ). History Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), deportation proceedings were used to determine whether a person could be deported from the United States. When IIRIRA took effect in 1997, deportation proceedings were replaced by removal proceedings, though any cases begun before IIRIRA's effective date continue to be processed as deportation proceeding. Procedure Persons in removal proceedings are called "respondents." Cases are decided by immigration judges, who are appointed by the Attorney General and are part of the Department of Justice. Removal proceedings are prosecuted by attorneys from the Department of Homeland Security ("DHS"), or mor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Proceeding
An administrative proceeding is a ''non-judicial'' determination of fault or wrongdoing and may include, in some cases, penalties of various forms. They are typically conducted by government or military institutions. In a military setting, a "Captain's Mast", held by a commanding officer of a U.S. Navy unit is one such administrative proceeding. As a consequence of the proceeding, the commander may impose non-judicial punishment upon members of the command. Various other administrations of government (for example, a department regulating motor vehicles, air pollution, forestry practices, or real estate sales agents) may impose fines or revocation of permits or licenses upon persons or corporations for acts of commission or omission found to be violating operating, permitting, reporting, or other rules. Such rules are typically formulated in the ''specific'' by the administrative authority under ''general authority'' established and limited by ''statute''. There may be additiona ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Docket (court)
A docket in the United States is the official summary of proceedings in a court of law. In the United Kingdom in modern times it is an official document relating to delivery of something, with similar meanings to these two elsewhere. In the late nineteenth century the term referred to a large folio book in which clerks recorded all filings and court proceedings for each case, although use has been documented since 1485. Historical usage The term originated in England; it was recorded in the form "doggette" in 1485, and later also as doket, dogget(t), docquett, docquet, and docket. The derivation and original sense are obscure, although it has been suggested that it derives from the verb "to dock", in the sense of cutting short (e.g. the tail of a dog or horse);Oxford English Dictionary 2nd ed. Definition of "... brief, summarized statement ... abstract, abridgement, digest, minute" described as obsolete and historical. "A memorandum or register of legal judgements". "A list of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aggravated Felony
The term aggravated felony was used in the United States immigration law to refer to a broad category of criminal offenses that carry certain severe consequences for aliens seeking asylum, legal permanent resident status, citizenship, or avoidance of deportation proceedings. Anyone convicted of an aggravated felony and removed from the United States "must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States." The supreme court ruled 5-4 in Sessions v. Dimaya that the residual clause was unconstitutionally vague limiting the term. When the category of "aggravated felonies" was first added to the Immigration and Nationality Act in 1988, as a response to heightened concerns about drug abuse, it encompassed only murder and trafficking in drugs or firearms. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stipulated Removal
Stipulated removal is a summary deportation procedure used in immigration enforcement in the United States. Stipulated removal occurs when a noncitizen who is facing removal proceedings and is scheduled for a hearing with an immigration judge signs a document stipulating that he is waiving the right to trial and to appeal, and is prepared to be removed immediately. The stipulation of removal must still be signed off by the judge before whom the hearing is to take place, but the noncitizen need not be physically presented to the judge. It is authorized under Section 240(d) of the Immigration and Nationality Act of 1965 According to Muhammed awwal July 28, 2015, publisher = Legal Information Institute Stipulated removal applies only to those who are scheduled for regular removal proceedings, and does not apply to people who are being removed through other summary procedures such History Stipulated removal was formally launched in 1995 with the stated goal of alleviating overcrowding ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reinstatement Of Removal
Reinstatement of removal refers to an immigration enforcement procedure in the United States in which a previously deported immigrant can be again deported for subsequent illegal entries with no required judicial review except in very limited circumstances. History Existence before IIRIRA Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, reinstatement of removal only applied to people previously deported (not excluded) on grounds relating to certain criminal convictions, failing to register, falsification of documents, or security or terrorist related grounds. Formalization in IIRIRA (1996, active since April 1997) Reinstatement of removal was introduced in legislation as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, passed by the 104th United States Congress and signed into law by then-United States President Bill Clinton, and active as of April 1, 1997. Subsequent changes and refinements The practice of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expedited Removal
Expedited removal is a process related to immigration enforcement in the United States where an alien is denied entry to and/or physically removed from the country, without going through the normal removal proceedings (which involve hearings before an immigration judge). The legal authority for expedited removal (in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)) allows for its use against most unauthorized entrants who have been in the United States for less than two years. Its rollout so far has been restricted to people seeking admission and those who have been in the United States for 14 days or less, and excludes first-time violators from Mexico and Canada. History Legal authority given by IIRIRA (passed 1996, effective 1997) Expedited removal was first introduced in United States immigration law as part of the IIRIRA, passed by the 104th U.S. Congress and signed into law by then U.S. President Bill Clinton. The IIRIRA gave the U.S. Immigr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immigration Policy Center
The Immigration Policy Center (IPC) is the research and policy arm of the American Immigration Council, a 501(c)(3) organization in the United States dedicated to promoting immigration to the United States and protecting the rights and privileges of immigrants in the United States. History The Immigration Policy Center was founded in 2003. Its parent body, the American Immigration Council, was founded as a 501(c)(3) organization in 1987. Goals The main goals of the Immigration Policy Center, according to the About page on their website, are: # Contributing research on issues related to immigrants and their impact on the economy, job market, and crime in the United States. # Bridging the gap between advocates and academics, politicians, and the public, by disseminating their research widely and holding conferences and briefings. # Combating claims made by anti-immigration groups that they consider erroneous and harmful to their cause (later section). The goals of the American Imm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Courts Of Appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders, the District of Columbia Circuit, which covers only Washington, D.C., and the Federal Circuit, which hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court. The United States courts of appeals are considered the most powerful and influential courts in the United States after the Supreme Court. Because of their ability to set legal precedent in regions that cover millions of Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Continuance
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge ''sua sponte''. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant (the person seeking the continuance), especially when the court deems it necessary and prudent in the "interest of justice." Criminal cases In general Although a continuance is the result of a court order issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably. The burden of scheduling trials, which includes assembling witnesses, lawyers and jurors at the same time, is not usua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Proceedings
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Information Institute
The Legal Information Institute (LII) is a non-profit, public service of Cornell Law School that provides no-cost access to current American and international legal research sources online alaw.cornell.edu The organization is a pioneer in the delivery of legal information online. Founded in 1992 by Peter Martin and Tom Bruce, LII was the first law site developed on the internet. LII electronically publishes on the Web the U.S. Code, U.S. Supreme Court opinions, Uniform Commercial Code, the US Code of Federal Regulations, several Federal Rules, and a variety of other American primary law materials.. LII also provides access to other national and international sources, such as treaties and United Nations materials. According to its website, the LII serves over 40 million unique visitors per year. Since its inception, the Legal Information Institute has inspired others around the world to develop namesake operations. These services are part of the Free Access to Law Movement. His ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawful Permanent Resident
A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. ("The term 'lawfully admitted for permanent residence' means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed."). Green card holders are formally known as lawful permanent residents (LPRs). , there are an estimated 13.9 million green card holders, of whom 9.1 million are eligible to become United States citizens. Approximately 65,000 of them serve in the U.S. Armed Forces. Green card holders are statutorily entitled to apply for U.S. citizenship after showing by a preponderance of the evidence that they, among other things, have continuously resided in the United States for one to five years and are persons of good moral character.''Al-Sharif v. United States Citizenship and Immigra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
