Does INA § 240 apply to me?
If you were given Form I-862, a Notice to Appear, the top line says your case is under section 240. That means a hearing before a judge. Paragraph (a)(3) makes this the sole procedure unless the Act specifies otherwise, and other sections of the Act do. Expedited removal happens without a section 240 hearing and is shown by a different form, I-860. A person who returns illegally after removal may face reinstatement of the old order. Section 238, 8 U.S.C. § 1228, is expressly preserved. People on those tracks generally do not get the hearing described below, which is why the first question for any arrested relative is which paper they received. An older case may be in deportation or exclusion proceedings, which began before April 1, 1997, under a different form and rules. A lawyer can tell you which applies from the charging document itself. Do not rely on what an officer said.
What rights does the statute actually give me at the hearing?
Section 240(b)(4) gives you three things: a lawyer of your choosing at no expense to the government, a reasonable opportunity to examine the evidence against you, present your own evidence and cross-examine government witnesses, and a complete record of the testimony and evidence. Read the limits. The court will not pay for a lawyer, and the right to see evidence does not reach national security information offered against an application for admission or discretionary relief. Hearings may be in person, by video, or by telephone, but a merits hearing by telephone needs your consent. If a mental impairment makes it impracticable for you to be present, § 240(b)(3) requires safeguards, so raise any such concern early. The judge may also question you directly and issue subpoenas for witnesses or documents, which can help if a key record is out of reach. Our master calendar hearing guide shows how these rights appear in court.
Who has to prove what?
The statute splits the burden in two stages. First is removability. If you were admitted, DHS must show you are deportable by clear and convincing evidence. If you are an applicant for admission, you must show you are clearly and beyond doubt entitled to be admitted, or by clear and convincing evidence that you are here lawfully under a prior admission. Second is relief. Under § 240(c)(4), you carry the burden on any application, including showing you deserve a favorable exercise of discretion where the relief is discretionary. You must also follow the form's instructions on evidence. The judge decides removability only on evidence produced at the hearing. For convictions, § 240(c)(3)(B) lists what counts, including an official record of judgment, a docket entry and an abstract prepared by the court, so a certified record will usually matter more than your memory of what happened. Bring certified copies of every disposition to your lawyer.
How does a judge decide whether to believe me?
Section 240(c)(4)(C) lets the judge rely on demeanor, candor, responsiveness and plausibility, and on consistency between your written and spoken statements, whether or not made under oath, and with other evidence, including State Department country reports. The most important words come at the end: an inconsistency counts without regard to whether it goes to the heart of your claim. A wrong date on an old form can be used against you. There is no presumption of credibility, although if no adverse finding is made, you have a rebuttable presumption on appeal. Section 240(c)(4)(B) adds that if the judge decides you should corroborate credible testimony, you must do so unless you do not have the evidence and cannot reasonably get it. Before the individual hearing, compare everything you have told any officer. Interview notes and past forms can surface. Explain any error in writing early, rather than waiting to be asked in court.
What does the statute say about missing a hearing?
It is one of the harshest parts of the Act, and the word is shall. Under § 240(b)(5)(A), a person who does not attend after written notice shall be ordered removed in absentia if DHS shows by clear, unequivocal and convincing evidence that notice was given and that the person is removable. Notice to the most recent address you provided is enough. Paragraph (b)(5)(B) goes further: if you never gave the required address, no written notice is needed. Paragraph (b)(5)(C) offers the only way back, and § 240(b)(7) can add a 10-year bar on cancellation, voluntary departure, adjustment and other relief if you were given oral warning in a language you understand. Exceptional circumstances, defined in § 240(e)(1), means battery or extreme cruelty, your serious illness, or the serious illness or death of a spouse, child or parent, or something equally compelling beyond your control. See our in absentia guide for what to do next.
What if someone asks me to sign a stipulated removal order?
Section 240(d) allows an order of removal agreed to by you, or your representative, and DHS. The statute calls it a conclusive determination of your removability. In plain terms, you give up the contest. Do not sign any English document in custody until a lawyer has read it, however it is described, and especially not because someone says it will get you out faster. A stipulation is not a request for bond or a request to see a judge, and it may cost you a claim you did not know you had. Ask for time, and ask to call your lawyer or a relative. The same caution applies to waiving appeal at the end of a hearing, which makes a decision final. If a family member tells you they have already signed something, get a copy of it and the A-number and contact a lawyer that day. Our removal defense page explains how to reach us.
What happens after the judge decides?
Under § 240(c)(5), a judge who orders removal must tell you of your right to appeal and the consequences of failing to depart. Appeal goes to the Board on Form EOIR-26. After that, the statute allows one motion to reconsider within 30 days of the final order and one motion to reopen within 90 days, with exceptions, in § 240(c)(6) and (c)(7). These are short, and they run from the final order, not from the day you find a lawyer. If you stay after a final order, recent Board decisions warn of civil penalties of up to $998 a day and, for someone who returns after removal, criminal penalties of up to 2 years. These figures come from the notice printed in Board orders in October 2026. The 10-year and other bars for reentry depend on your facts, so get advice before any travel or any plan to leave.
Where is everything else, and when do I need a lawyer?
Section 240 is the procedure, not the defense. The defenses sit elsewhere: asylum in INA § 208, cancellation of removal in INA § 240A, voluntary departure in § 240B, deportability grounds in INA § 237, and custody in § 236, which our bond guide covers as of October 30, 2026. In the U.S. Code, section 240 is 8 U.S.C. § 1229a, so both citations mean the same law. A lawyer's job is to fit your facts to these sections and then use the procedure in section 240 to prove them. Anna Tsibel, Ace Immigration's attorney, speaks Russian, is licensed by the California bar and can explain which parts of section 240 matter in your case. If you have a Notice to Appear or a hearing date, request a consultation and bring every paper the government has given you.