Statutes · INA §240; 8 U.S.C. §1229a

INA §240 — Removal proceedings

INA §240 establishes the general framework for removal proceedings before an immigration judge, including hearings, decisions and specified procedural protections. It does not mean every removal process uses the same hearing procedure.

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Scope and purpose

The statute addresses the hearing record, burdens and opportunities to present evidence. Form I-862 and separate hearing notices should be read with the actual court record. Other statutory procedures may apply in different contexts.

Related rules and practical context

Defensive asylum under INA §208 and cancellation under INA §240A have distinct eligibility requirements. An appeal to the BIA through Form EOIR-26 is different from judicial review in a federal court.

Primary sources

General reference information, not legal advice. A summary does not replace the statute or full decision. Check applicability and subsequent developments before filing. Publication does not imply attorney legal review or create an attorney-client relationship.

Frequently asked questions

What is INA §240 — Removal proceedings?

INA §240 establishes the general framework for removal proceedings before an immigration judge, including hearings, decisions and specified procedural protections. It does not mean every removal process uses the same hearing procedure.

What should I check before relying on this information?

Defensive asylum under INA §208 and cancellation under INA §240A have distinct eligibility requirements. An appeal to the BIA through Form EOIR-26 is different from judicial review in a federal court.

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