https://www.justice.gov/eoir/reference-materials/ic/chapter-4/2
AI Overview
Section 240 of the Immigration and Nationality Act (INA) outlines the process for removal proceedings against individuals deemed removable from the United States. These proceedings are conducted by an immigration judge and determine whether an alien is admissible to the U.S. or, if already admitted, whether they should be removed.
Here's a more detailed breakdown:
Purpose:
Section 240 establishes the framework for formal hearings where immigration judges assess whether an individual is removable from the U.S.
Charges:
Individuals can be charged with grounds of inadmissibility (under INA section 212(a)) or deportability (under INA section 237(a)).
Exclusive Procedure:
Unless otherwise specified, these proceedings are the sole and exclusive method for determining if an alien can be admitted or removed from the U.S.
Notice to Appear (NTA):
The process is initiated with a Notice to Appear (NTA), which is a document filed with the immigration court by the Department of Homeland Security (DHS).
Rights of the Alien:
Individuals in removal proceedings have certain rights, including the right to counsel, to present evidence, and to appeal a decision.
Consequences of Failure to Appear:
Failing to appear for a hearing can have serious consequences, including the issuance of a removal order in absentia and potential restrictions on future relief.
Cancellation of Removal:
Section 240A, which is closely related to section 240, allows for the cancellation of removal for certain individuals who meet specific requirements, such as lawful permanent residents who have been in the U.S. for a certain period.