Immigration Law Wiki
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Basic Information
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Immigration Court
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Permanent Residency
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Nonimmigrant Visas
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Other Visas
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Citizenship
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FAQs
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- I-864, Affidavit of Support
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- Right to be Put Into Removal Proceedings to Seek Relief
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- Who is a "child" for Immigration Purposes?
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Guides
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Asylum
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USCIS
- 2024 HHS Poverty Guidelines
- Asylee Petition for Spouse and/or Child, Form I-730
- Class of Admission Codes
- Family Reunification Parole Processes (FRPP)
- How to Pay USCIS Filing Fee With a Credit Card
- How To Write A Cover Letter To USCIS
- I-864, Affidavit of Support
- N-400 FILING FEE, FEE WAIVER, OR FEE REDUCTION REQUEST
- PAROLE-IN-PLACE FOR SPOUES OF US CITIZENS
- VAWA
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Reference
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Criminal Consequences
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Immigrant Visas
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Visa Waivers
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Conditional Residency
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Other
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Adjustment of Status
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Parole
Right to be Put Into Removal Proceedings to Seek Relief
Does a foreign national have the right to be put into removal proceedings in order to seek relief from removal, such as cancellation of removal?
No.
“A noncitizen has no right to be placed in removal proceedings by DHS for the purpose of seeking relief. See Matter of Andrade Jaso and Carbajal Ayala, 27 I&N Dec. 557, 558–59 (BIA 2019) (granting DHS’ motion to dismiss removal proceedings under 8 C.F.R. § 239.2(a)(7) (2018) because the respondent filed a meritless asylum application with USCIS for the sole purpose of seeking cancellation of removal in removal proceedings).” SeeMatter of H. N. Ferreira, 28 IN Dec. 765 at 768 (BIA 2023).
The decision by DHS to commence removal proceedings is not reviewable by Immigration Judges or this Board. E.g., Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. at 170; Matter of Bahta, 22 I&N Dec. 1381, 1391 (BIA 2000); Matter of G-N-C-, 22 I&N Dec. 281, 284 (BIA 1998); See also Matter of H. N. Ferreira, 28 IN Dec. 765 at 768 (BIA 2023).
