Removal Proceedings
Immigration Law · Lesson 05
Removal Proceedings
這一課問的是：何種程序管理非公民之逐出？有何抗辯或救濟？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. What process governs removal of a non-citizen — and what defenses or relief may apply?
這一課問的是：何種程序管理非公民之逐出？有何抗辯或救濟？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Notice to Appear
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Charging document initiating removal proceedings.
出庭通知（NTA）。
immigration judge
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Adjudicates removal proceedings under EOIR.
移民法官。
removability charges
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Grounds in INA § 237 for removal.
逐出指控。
inadmissibility charges
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Grounds in INA § 212 for inadmissibility.
不可入指控。
BIA
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Board of Immigration Appeals — appeals from IJ decisions.
BIA。
removal order
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Final order of removal.
逐出命令。
forms of relief
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Asylum, withholding, CAT, cancellation, adjustment, voluntary departure.
救濟形式。
Issue · what this lesson is really about
What process governs removal of a non-citizen — and what defenses or relief may apply?
這一課問的是：何種程序管理非公民之逐出？有何抗辯或救濟？
Trigger words & phrases that should flag this issue:
NTAimmigration judgeremovaldeportationrelief
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State framework | Removal proceedings begin with NTA; immigration judge adjudicates removability and any relief; BIA hears appeals. | NTA → IJ 裁決 → BIA 上訴。 |
| Apply burden | Government must prove removability by clear and convincing evidence; respondent must prove eligibility for relief. | 政府證可逐出（明確令人信服）；申請人證救濟資格。 |
| Apply forms of relief | Forms include asylum, withholding of removal, CAT, cancellation of removal, adjustment of status, and voluntary departure. | 救濟種類多元。 |
| Apply DP | Due process applies — notice, opportunity to be heard, counsel (at own expense). | DP 適用 — 通知、聽證、自費律師。 |
Rule Sentence · the workhorse
Removal proceedings begin with the government's service of a Notice to Appear charging removability or inadmissibility under INA §§ 212 and 237; an immigration judge adjudicates both removability and any relief applications, with appeals to the Board of Immigration Appeals; the government bears the burden of proving removability by clear and convincing evidence, while the respondent bears the burden of proving eligibility for any form of relief.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人DHS + non-citizen respondent國土安全部 + 非公民被告
Act 行為conducting removal proceeding進行逐出程序
Object 對象non-citizen's status非公民身份
Standard 法律標準INA grounds + DPINA 理由 + DP
Consequence 後果removal or relief逐出或救濟
Casebook Snapshot · a real American case
Pereira v. Sessions
Holding. A Notice to Appear that fails to specify the time and place of the removal hearing does not trigger the stop-time rule for purposes of cancellation of removal. The defect in NTA matters for cancellation eligibility.
Why it matters. Pereira shows that procedural details (NTA contents) have major substantive consequences for available relief.
Pereira：NTA 未具時地，不觸發停時規則。
Common Mistakes · what trips students
✗ right to government counsel。
✓ No right to government-paid counsel in removal — must hire own (or pro bono).
無政府律師；自費或公益。
Mini IRAC · build the Application
Issue. Has the government met its burden of proving P's removability when P is an LPR charged with removability for an aggravated felony conviction?
Rule. In removal proceedings, the government must prove removability of an LPR by clear and convincing evidence.
Application (model). Government charges P, an LPR, with removability based on aggravated felony conviction; provides certified conviction record. Because the government bears the burden of proving removability by clear and convincing evidence and a certified conviction record for an aggravated felony directly establishes the removal ground, the fact that government provided certified record of qualifying conviction means the government has met its burden.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the government has established P's removability; P must establish eligibility for any relief.
MBE Check · multiple choice
In removal proceedings, does respondent have right to government-appointed counsel?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: