Expedited removal and regular removal are both deportation processes, but they differ significantly in their procedures and the time frame for which they apply. Expedited removal, under 8 U.S.C. § 1225(b)(1), is a summary process for certain noncitizens who are inadmissible and have been in the U.S. for less than two years. Regular removal, also known as removal proceedings, involves a formal process before an immigration judge, offering more due process protections.
Expedited Removal:
- Two-Year Limit: Generally applies to noncitizens who have been in the U.S. for less than two years, though the exact definition of “continuously physically present” can be complex.
- Limited Due Process: Individuals in expedited removal don’t have the right to a lawyer, an immigration judge hearing, or the ability to apply for relief from removal, except for a “credible fear” interview if they express fear of persecution.
- Rapid Deportation: Immigration officers can order deportation without a full court hearing.
- Bar to Return: Expedited removal carries a five-year bar to re-entering the U.S.
- Who is Subject to it? Generally, those who entered the U.S. without inspection (e.g., without proper documentation or through misrepresentation) and cannot prove continuous physical presence for two years.
Regular Removal (Removal Proceedings):
- Formal Court Process:Involves a hearing before an immigration judge where the noncitizen has the right to an attorney, present evidence, and argue their case.
- More Due Process:Includes the right to a hearing, to present evidence, and to appeal a decision.
- Potentially Longer Process:Removal proceedings can take significantly longer than expedited removal.
- Wider Range of Relief:Noncitizens in removal proceedings may be eligible for various forms of relief, such as asylum, cancellation of removal, or adjustment of status.
Key Differences Summarized:
| Feature | Expedited Removal | Removal Proceedings |
|---|---|---|
| Due Process | Limited | Extensive |
| Timeframe | Rapid (days or weeks) | Can be lengthy (months or years) |
| Court Hearing | No | Yes |
| Right to Attorney | Limited or none | Yes |
| Right to Apply for Relief | Limited or none | Yes |
| Bar to Return | 5 years (generally) | Varies |
For more information on removal,
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