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Removal Proceedings


An immigration judge (IJ) conducts the removal proceeding to determine whether a noncitizen is inadmissible or deportable. The noncitizen may be represented by counsel, at no expense to the government. The government is represented by counsel for the Department of Homeland Security's Immigration and Customs Enforcement bureau. The noncitizen may be charged with an applicable ground of inadmissibility or deportability. During the hearing the ICE may bring additional charges. If the IJ decides that the noncitizen is removable and orders the individual removed, the noncitizen has the right to appeal that decision. Persons in removal proceedings many seek different reliefs, such as asylum, voluntary departure and cancellation of removal. Voluntary departure is a valuable form of relief from deportation or removal. An individual may apply to the IJ for voluntary departure in lieu of removal. Cancellation of removal is a form of discretionary relief available to certain inadmissible or deportable persons in removal proceedings. If a noncitizen is granted this relief, removal is canceled and his or her status is adjusted to that of a lawful permanent resident.


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