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BIETP_Case_Dispos_SG 18 MAR 2025
U.S. Immigration and Customs Enforcement
ENFORCEMENT AND REMOVAL OPERATIONS
ERO Training
CASE DISPOSITION: REMOVALS
Student Guide
Basic Immigration Enforcement Training
Program
WARNING: This document is FOR OFFICIAL USE ONLY (FOUO). This contains information that may be exempt from public release under the Freedom of Information Act (5 U.S.G. 552). It is to be controlled, stored, handled, transmitted, distributed, and disposed of in accordance with DHS policy relating to FOUO information and is not to be released to the public, to anyone outside the ERO Academy, or to other personnel who do not have a valid "need-to-know" without prior approval of the ERO Academy Chief or their designee.
BIETP Case Disposition Student Guide
Segment 1: Introduction and § 240 Removals
INTRODUCTION
I. Motivation
The statutes provide ICE with various legal tools to remove aliens who have entered the United States illegally, who are here legally but have violated the conditions of their status, or who present a danger to the safety of our communities. These tools are the forms and procedures that can be applied based on the specific facts of an alien’s case.
You may be completing the forms yourself or reviewing an alien’s file to verify that it includes all the required documentation, properly completed and signed. This must be done before the alien can continue to the next step in the removal process.
Processing a case incorrectly has consequences: transporting an alien with an incomplete file could mean that the receiving office will refuse to accept custody. Processing a removal incorrectly can create delays and open the agency to a legal challenge of the removal – and open the officer to liability.
II. Objectives
A. Terminal Performance Objective (TPO)
Given an alien who is subject to removal, determine the process, procedures, forms, and form content so that the proper documentation is completed for the required type of removal.
B. Enabling Performance Objectives (EPOs)
EPO 1: Outline the overall sequence of removal proceedings under § 240. EPO 2: Determine the forms, content, and process for removal under § 240, in accordance with statutory requirements. EPO 3: Recognize which aliens are ineligible for voluntary departure and identify the consequences and actions associated with an alien failing to comply with the provisions of a voluntary departure order and the forms associated with a voluntary departure order. EPO 4: Distinguish between those aliens who are and are not entitled to a removal hearing.
III. Review of the Past
- What is a lawful permanent resident?
BIETP Case Disposition Student Guide
o Segment 2: Forms, content, and process for reinstating a prior removal order in accordance with § 241(a)(5)
o Segment 3: Forms, content, and process for administrative removals under § 238(b)
o Segment 4: Procedures for other types of removal, including expedited removals under § 235(b) and removals under the Visa Waiver Program, § 217; removal of crewmembers and stowaways, S-nonimmigrant visa holders, aliens falling into distress, and inadmissible aliens who are a threat to national security.
For each segment you will answer questions on the appropriate forms, content, and process for various scenarios.
VI. Handouts
The forms referred to in this lesson are included in this student guide. In addition, you will receive a separate packet of the same forms to make it simpler to refer to the forms during the lecture and while working through the questions.
BIETP Case Disposition Student Guide
Segment 1: Introduction and § 240 Removals
INSTRUCTION
I. Explanation
A. EPO 1: Outline the overall sequence of removal proceedings under § 240.
Note: Refer to flowchart illustrating the § 240 process (which appears full size at the end of this segment).
- Removal proceedings under INA § 240 are conducted by the Immigration Court (Executive Office for Immigration Review, EOIR), which is an office within the United States Department of Justice.
- Alien is served with Notice to Appear (NTA), Form I-862, to appear before an immigration judge (IJ). Alien may be detained during removal proceedings.
a. Removal proceedings are commenced by the filing of an NTA with the Immigration Court (EOIR).
- Proceedings occur before IJ, who determines if alien is amenable to removal based on charges on NTA – inadmissible under INA § 212; deportable under INA § 237.
a. Proceedings can include master calendar hearing(s) and/or individual merits hearing(s).
b. Alien may apply for relief from removal.
c. If an alien is detained, the alien may seek a bond hearing separate from removal proceedings.
- A master calendar hearing is a brief initial hearing where the IJ generally explains to the alien the nature of the proceedings, the charges against the alien, their rights (including their right to counsel at no cost to the U.S. government), takes pleadings addressing the allegations and the charge(s) of removability, and identifies any relief from removal claims being made by the alien.
Note : The IJ may issue an order of removal during a master calendar hearing, but not if the alien is seeking relief or is contesting the government’s case.
- Evidentiary hearings are referred to as individual calendar hearings or merits hearings, during which the IJ considers all evidence, including
BIETP Case Disposition Student Guide
B. EPO 2: Determine the forms, content, and process for a removal under § 240, in accordance with statutory requirements.
- Removal under INA § 240 applies to the following types of aliens:
a. Alien is alleged to be inadmissible under § 212 or deportable under § 237 of the INA and does not fall into the category of aliens not entitled to a hearing.
b. Alien has been denied voluntary departure or return or is not eligible for voluntary departure.
c. Alien who has been granted asylee or refugee status and may be subject to removal.
d. Alien has lawful permanent resident status; LPRs may only be removed through § 240 process.
- Examples of aliens who may be placed in § 240 proceedings:
a. LPR who is convicted of a crime of violence, as defined in 101(a)(43)(F).
b. Alien present without admission who has been in the United States four years, has been arrested for a crime, but has no criminal convictions.
c. A nonimmigrant who is in violation of his status.
- Record of Deportable/Inadmissible Alien, I-
a. Document information from interview with alien and database checks on I-213.
Biographical details and records checks are documented on form used to establish grounds for removal charge.
Narrative should include:
a) Method of Encounter/Location b) Alienage and Deportability/Inadmissibility c) Family History/Derivation Analysis d) Immigration History e) Criminal History f) Health/Humanitarian Issues g) Gang/Terrorist Affiliation h) Military Service i) Credible/Reasonable Fear j) Travel Document/Foreign Documents k) DNA Sample Collection
BIETP Case Disposition Student Guide
l) Funds in Subject’s Possession m) Disposition
Alien has been advised of communication privileges with their consulate or embassy.
Officer’s signature and disposition.
Supervisor’s signature.
- Notice of Rights and Request for Disposition, I-
a. Informs the alien of his right to a hearing before immigration court, or the option of returning to his country without a hearing.
b. Also allows alien to state that he believes he faces harm if he returns to his country.
c. Should be signed by alien with one option initialed.
d. Requires a certification of service signed by immigration officer and interpreter.
- Warrant of Arrest of Alien, I-
a. Requires issuing officer to indicate the basis of the determination that there is probable cause that alien is removable.
b. Administrative warrant issued when a subject is taken into custody prior to the alien being issued a removal order.
c. Signed by SDDO or higher.
d. Certificate of service signed by serving officer and noting the language used to read warrant to alien.
- Include name or number of interpreter (if applicable).
- Notice of Custody Determination, I-
a. Informs the alien whether he is to be:
Detained in ICE custody
Released on bond
Released on an order of recognizance
Released under other conditions
BIETP Case Disposition Student Guide
five working days of a change using a form EOIR-33. If alien is not held in detention, notices regarding hearings and requests for interview with ICE are sent by mail. [Pertains only to non-detained aliens.]
- Signed by serving officer showing the manner and language in which the Notice was served. Also signed by alien.
c. I-862 must be issued by SDDO or above (Issuing Officer).
- Provide alien with List of Free Legal Service Providers, located at the EOIR website [www.justice.gov/eoir/free-legal-services-providers], along with the I-862.
- Certain documents must be filed promptly after taking custody of alien.
a. NTA (I-862) must be served on the alien within 48 hours of the alien coming into ICE custody.
b. Notice of Custody Determination (I-286) must be served within 48 hours of alien being taken into ICE custody.
c. For aliens detained in ICE custody, the agency will submit the NTA to EOIR within 5 working days of the NTA being served on the alien, or upon the alien entering ICE custody, whichever is later.
Note: All documents, including I-862 and I-286, should be served when initially processing the alien as soon as the alien comes into ICE custody. It should not be a matter of practice to delay service until the deadline for each form unless ERO management determines the circumstances in the case warrant such action.
- Removal proceedings are initiated when an NTA, I-862, is filed with the immigration court (EOIR).
a. Once the NTA is served on the EOIR, 10 days must elapse before the initial master calendar hearing can occur, unless the alien waives the 10-day requirement and requests a prompt hearing by signing the appropriate field on the NTA.
- Typically, the I-862, I-826, and I-286 are all served at the same time.
a. All must be complete, including any conviction records if required for case.
- If OPLA attorney presenting removal case determines inadmissibility or deportability charges need amending, the OPLA attorney files an Additional Charges of Inadmissibility/Deportability form (I-261) with the EOIR to supplement the charges in the NTA.
BIETP Case Disposition Student Guide
- Processing for a stipulated removal under § 240 – Alien concedes removability and waives a hearing. Under certain conditions aliens who are entitled to § 240 removal proceedings may make a “Stipulated Request for Order, Waiver of Hearing” per 8 CFR 1003.25(b).
Note: Not all IJs or immigration courts may allow stipulated removals. IJ may want to ensure that alien who is entitled to hearing has it.
a. File Notice to Appear, I-862.
b. Provide List of Free Legal Service Providers.
c. Alien must agree to these provisions:
Admit that the factual allegations in the Notice to Appear are true and correct.
Concede that he is removable or inadmissible as charged.
Make no application for relief (no claim of asylum or any other benefit).
Designate a country for removal.
Acknowledge in writing that he understands the consequences of a request for a stipulated removal and enters the request voluntarily, knowingly, and without any duress from the government.
Sign a statement that he will accept a written order of removal as final disposition and waive any appeal of that order.
d. These are incorporated in a request for stipulation (using a local form).
- I-862 and request for stipulated removal is filed with EOIR.
e. File Warrant of Arrest of Alien, I-200.
f. Serve Notice of Custody Determination, I-286, on alien.
“Detained in custody” box must be checked.
“I do not request a redetermination…” box must be checked.
BIETP Case Disposition Student Guide
- The IJ’s decision may be appealed by either the government (OCC/OPLA), the alien, or both:
a. First level is to Board of Immigration Appeals (BIA) – appeal must be filed within 30 days of the IJ’s order. BIA can dismiss appeals, remand the case back to the IJ for further consideration, or conclude a decision in writing explaining the decision.
b. Second level is judicial review by U.S. Circuit Court of Appeals. Petition for Review must be filed within 30 days of BIA’s decision.
- Alien may request stay of removal from EOIR or BIA in conjunction with either of the following:
a. Motion to Reopen – to allow presentation of new facts or evidence that was not previously available, filed within 90 days of the IJ or BIA order, or
b. Motion to Reconsider – request that IJ or BIA reconsider its decision based on an error in law or fact, or a change in law that affects the IJ decision, filed within 30 days of the order.
- Timelines for filing do not apply in motions to reopen on cases of in abstentia removal orders.
- Travel documents to the alien’s country of origin, country of last residence, or the country where the alien was ordered removed must be obtained from that country’s consulate.
a. If travel documents cannot be obtained for detained alien within 90 days, case gets post-order custody review.
b. Alien may also designate another country for removal. Destination country must agree to accept the alien by the issuance of travel documents.
c. If unable to be removed at that time, and if alien is being released, the alien must be placed under an Order of Supervision (OSUP).
- An order of removal carries with it a bar to legally applying to reenter the United States – 5 years, 10 years, 20 years, or permanently, depending on the section of the law.
- Removal can occur when the order of removal becomes final (note that these are examples of some of the final order situations):
a. IJ orders removal and the alien waives right to appeal.
BIETP Case Disposition Student Guide
b. IJ orders removal and the alien reserves right to appeal but does not file the appeal within 30 days.
c. IJ orders removal, the alien reserves right to appeal, files an appeal, and the BIA dismisses the appeal.
- Once § 240 proceedings are completed:
a. Order of removal or grant of relief is issued by IJ. Written copy is provided for A-File and is available in EOIR Courts and Appeals System (ECAS).
b. Warrant of Removal/Deportation, I-205, is issued.
Form is served after the IJ decision becomes final and is signed by FOD, or designee.
Form is also used to verify the departure of the alien.
Includes alien’s photo and right index fingerprint.
Signatures of officer(s) doing fingerprinting and witnessing departure
c. Warning to Alien Ordered Removed or Deported, I-
Outlines the time period alien is prohibited from applying to legally reenter the United States – 5, 10, 20 years or permanently.
Served along with I-205.
C. EPO 3: Recognize which aliens are ineligible for voluntary departure and identify the consequences and actions associated with an alien failing to comply with the provisions of a voluntary departure order and the forms associated with a voluntary departure order.
- Most aliens who are present in the United States and who are subject to § 240 removal proceedings are eligible for voluntary departure, with these exceptions. Aliens who:
a. Are aggravated felons or terrorists and are deportable under INA § 237(a)(2)(A)(iii) or § 237(a)(4)(B).
b. Were previously granted voluntary departure after April 1, 1997.
c. Violated terms of voluntary departure in the past 10 years.
d. Are classified as “arriving aliens” (this can include LPRs who left the U.S. and are returning).
BIETP Case Disposition Student Guide
a. If alien fails to depart on or before the date specified in the order, alternate order of removal becomes effective. If alien is removed under order of removal, he or she is subject to 10-year bar to apply for admission.
b. Alien is considered "fugitive" by ICE – that is, an alien who has failed to leave the U.S. following the issuance of a final order of removal.
- If the agency exercises the right to deny voluntary departure, or the alien violates the terms of the voluntary departure in lieu of proceedings, an NTA is issued, and the alien is placed in § 240 removal proceedings.
- Departure deadlines and extension granted by the agency (FOD)
If the IJ grants voluntary departure prior to the conclusion of proceedings under § 240B(a), statutory maximum period to depart is 120 days.
If the IJ grants voluntary departure at the conclusion of proceedings under § 240B(b), statutory maximum period to depart is 60 days.
If alien was not granted the statutory maximum time to depart, ICE may extend the expiration, but not to exceed the maximum period, if alien proves need and provides evidence of intent to depart.
Decision by the agency on extension must be rendered quickly because the alien is subject to serious penalties for failing to depart by the specified date.
D. EPO 4: Distinguish between those aliens who are and are not entitled to removal proceedings.
- In accordance with the Fourteenth Amendment, § 240 outlines removal hearing procedures before an IJ, the various levels of appeal, and possibilities for relief.
- Several categories of aliens are not entitled to § 240 removal hearing before an IJ and are precluded from certain forms of relief that are only available in immigration court.
a. If an alien falls within one of the classes not entitled to a hearing, removal under these procedures carries the same consequences as a removal order issued in an immigration court.
b. Because a removal hearing and appeal are not available to these individuals, the removal is faster and requires fewer resources.
BIETP Case Disposition Student Guide
- Aliens not entitled to a hearing are those subject to removal under the following sections of the INA:
a. Aliens subject to reinstatement of a previously issued removal order under § 241(a)(5).
b. Aliens subject to administrative removal under § 238(b) – Expedited Removal of Aggravated Felons.
Note: In the field and elsewhere in this lesson, this is referred to as an Administrative Removal. In the law, it is Expedited Removal of Aggravated Felons.
c. Aliens subject to expedited removal under § 235(b).
d. Aliens subject to removal under § 217, the Visa Waiver Program.
e. Crewmembers, under § 252(b); stowaways, under § 235(a)(2) and 241(d)
f. Aliens falling into distress and requesting removal at U.S. expense (§ 250).
g. Alien witnesses or informants holding an S-5, S-6, or S- nonimmigrant visa (8 CFR 236.4).
h. Aliens inadmissible on national security grounds (§ 235(c)).
- Alien who is entitled to a hearing in (^) § 240 removal proceedings may waive the right to a hearing before the IJ and agree to stipulated order of removal.
- In addition to those aliens not entitled to a removal hearing, many aliens waive their right to a formal hearing and elect, instead, to voluntarily return to their home country. Such voluntary return or voluntary departure is not a removal and does not include the same bars to legal reentry.
Note: This lesson focuses on the process of removal when the alien is not eligible for or does not request voluntary departure.
Note that in many situations, the ERO officer will be able to determine charges against the alien and which section of the INA applies based on records checks before the officer ever arrests the alien. In that case, most processing is completed in advance.
BIETP Case Disposition Student Guide
- If so, is he subject to removal under § 240?
- Can any Deportation Officer issue a Notice to Appear?
- Copies of the conviction documents were not available when the officer took custody of Romano. How long can ICE have Romano in custody before it must serve an NTA on him?
- Who has the burden of proof in this case — the alien or the government?
- If the IJ orders Romano’s removal after a complete hearing where Romano was present, under what conditions could he file a Motion to Reopen?
- What forms and other information are needed to begin the removal process in this case?
BIETP Case Disposition Student Guide
Demonstration 2: Miguel Garcia
Miguel Garcia was arrested on a shoplifting charge. In an interview, he acknowledged that he came to the United States from Mexico three years ago and was present without admission. Searches in EAGLE and NCIC found no previous record. Garcia was issued an NTA and was detained by ICE. At Garcia’s master hearing, he was granted voluntary departure by the IJ and was given 30 days to depart the country. Along with his VD order, the judge also issued an alternate order of removal. Garcia failed to depart the country, and his VD order expired.
- What factors allowed Garcia to be eligible for voluntary departure?
- Which form is used to verify the voluntary departure of Garcia?
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- What happened when Garcia failed to depart within the 30-day departure period?
