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  2. "(A)(i) In general.-Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104 ...

  3. Jul 10, 2019 · The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law.

  4. Oct 17, 2023 · Streamlined Removal Proceedings: If USCIS does not grant asylum, the agency refers the case (including the principal applicant and all dependents) to EOIR for streamlined removal proceedings under Section 240 of the Immigration and Nationality Act. The asylum officer includes an assessment as to whether the principal applicant demonstrated ...

  5. Jan 1, 2024 · (1) In general. The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien–.

    • After Your Request Is Submitted
    • Establishing Exceptional Circumstances
    • Requesting Dismissal of Removal Proceedings
    • Removal Proceedings Dismissed
    • Immigration Proceedings Not Dismissed
    • Failure to Establish Exceptional Circumstances

    The asylum office will carefully consider your submission. There are 3 possible results: 1. The asylum office finds exceptional circumstances; 2. The asylum office does not find exceptional circumstances; or 3. If the asylum office does not have enough information to make a determination, the office may request more evidence from you, or ask you to...

    If you have established exceptional circumstances, the asylum office will notify you in writing of the determination and the next steps in the process. If you have notreceived a decision on your asylum application from the asylum office: The asylum office will mail you an Interview Reschedule Notice. For purposes of employment authorization, failin...

    If you established exceptional circumstances and you want USCIS to reopen your case and consider your asylum application, you must contact the U.S. Immigration and Customs Enforcement Office of Chief Counsel (ICE OCC) handling your case before or at your next hearing. You must provide ICE OCC with a copy of the “Determination Demonstrating Exceptio...

    If USCIS has issued you a “Determination Demonstrating Exceptional Circumstances” notice, and if the immigration judge grants the motion to dismiss removal proceedings, the asylum office will reopen your asylum application and reschedule you for an interview. Once your removal proceedings have been dismissed, you may expedite the rescheduling of yo...

    If the immigration judge denies the motion to dismiss your immigration proceedings, jurisdiction over your asylum application will remain with the immigration court and USCIS cannot reopen your asylum application. For employment authorization purposes, the applicant-caused delay resulting from you failing to appear for the asylum interview was reso...

    If you have not received a decision on your asylum application from the asylum office and: 1. Your scheduled interview appointment has not occurred yet, the asylum office will issue a Denial of Asylum Interview Reschedule Request, and you must attend your scheduled interview. 2. Your scheduled interview appointment time has passed, you missed your ...

  6. Most removable aliens apprehended within the interior of the United States are subject to “formal” removal proceedings under INA § 240. Aliens in these proceedings are given certain procedural guarantees including the rights to counsel, to appear at a hearing before an immigration judge (IJ), to present evidence, and to appeal an adverse decision.

  7. Removal proceedings are conducted under Section 240 of the Immigration and Nationality Act (INA). INA Section 240(b)(4) states that respondents “shall have the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceeding.”.

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