8 U.S.C. § 1229a — Removal proceedings

(a) Proceeding. (1) An immigration judge must conduct proceedings to decide whether an alien^* is inadmissible or deportable. (2) The alien may be charged with any applicable inadmissibility ground under 8 U.S.C. § 1182(a) or deportability ground under 8 U.S.C. § 1227(a). (3) Unless this chapter says otherwise, this proceeding is the sole and exclusive procedure for deciding whether an alien may be admitted^* or, if already admitted, removed. It does not affect proceedings under 8 U.S.C. § 1228.

(b) Conduct. (1) The judge may administer oaths, receive evidence, and question, examine, and cross-examine the alien and witnesses. The judge may subpoena witnesses and evidence. Under Attorney General^* regulations, the judge may impose a civil money penalty for conduct or failure to act that is contempt of the judge’s proper authority under this chapter. (2)(A) The proceeding may be in person; without the alien if the parties agree; by video conference; or, subject to (B), by telephone. (B) A merits evidentiary hearing may be by telephone only if the alien consents after being told about the right to proceed in person or by video. (3) If the alien cannot practically attend because of mental incompetency, the Attorney General must prescribe safeguards protecting the alien’s rights and privileges. (4) Under Attorney General regulations, the alien may choose authorized counsel at no cost to the Government; may reasonably examine the Government’s evidence, present evidence, and cross-examine Government witnesses, but may not use those rights to examine national-security information the Government offers against admission^* or discretionary relief; and must have a complete record of testimony and evidence.

(5) Failure to appear. (A) An alien who does not attend after written notice under 8 U.S.C. § 1229(a)(1) or (2) was given to the alien or counsel must be ordered removed in absentia if the Service^* proves by clear, unequivocal, and convincing evidence that notice was given and that the alien is removable under subsection (e)(2). Notice is sufficient if sent to the latest address supplied under § 1229(a)(1)(F). (B) No written notice is required if the alien failed to supply that address. (C) The order may be rescinded only on a motion to reopen filed within 180 days that shows “exceptional circumstances” under (e)(1), or on a motion filed at any time showing that required notice was not received, or that the alien was in Federal or State^* custody and the failure was not the alien’s fault. Filing either motion stays removal while the judge decides it. (D) Judicial review of an in-absentia order is limited, except for cases under § 1252(b)(5), to notice validity, the reason for nonattendance, and whether the alien is removable. (E) These rules apply to all aliens in proceedings, including one remaining in contiguous foreign territory under § 1225(b)(2)(C).

(6) Frivolous behavior. By regulation, the Attorney General must define frivolous behavior for which attorneys may be sanctioned, identify when an administrative appeal is frivolous and may be summarily dismissed, and impose suitable sanctions, including suspension or disbarment. This does not limit action against other inappropriate behavior. (7) An alien with a final in-absentia removal order is barred for 10 years from relief under §§ 1229b, 1229c, 1255, 1258, or 1259 if, when notice was given, the alien was orally told in a language understood by the alien when and where the proceeding would occur and the consequences of failing to attend, except because of “exceptional circumstances.”

(c) Decision and burden of proof. (1)(A) At the end, the judge must decide whether the alien is removable, using only hearing evidence. (B) If a medical officer, civil surgeon, or medical-officer board certified under § 1222(b) that a disease, illness, or addiction makes the alien inadmissible under § 1182(a)(1), the judge must base the decision solely on that certification. (2) An applicant for admission must show clearly and beyond doubt that the applicant is entitled to admission and is not inadmissible under § 1182. An alien claiming lawful presence from a prior admission must prove it by clear and convincing evidence and may access the visa or entry document and nonconfidential records about admission or presence. (3)(A) For an admitted alien, the Service must prove deportability by clear and convincing evidence. A deportability decision is valid only if based on reasonable, substantial, and probative evidence. (B) Proof of a criminal conviction may be an official judgment and conviction; official plea, verdict, and sentence; a court docket entry showing the conviction; court minutes or a hearing transcript noting it; a court- or State-prepared conviction abstract showing the charge or violated law, disposition, existence and date of conviction, and sentence; a court-prepared or court-directed record showing a conviction; or a record maintained by a State or Federal penal institution official that attests to the conviction and supports the institution’s custody authority. (C) An electronically submitted conviction record or abstract is admissible if certified by the relevant State records official or court official as an official repository record and certified in writing by a Service official as electronically received from that repository. The first certification may use a computer-generated signature and authenticity statement.

(4) An alien seeking relief or protection from removal must prove eligibility and, for discretionary relief, that favorable discretion is warranted. The applicant must provide required supporting information and documents. The judge evaluates whether supporting testimony is credible, persuasive, and specific enough, weighs it with the record, and requires corroboration when appropriate unless the applicant shows the evidence is unavailable and cannot reasonably be obtained. Credibility may be judged from all circumstances and relevant factors, including demeanor, candor, responsiveness, inherent plausibility, consistency of written and oral statements and of each statement internally, consistency with other evidence including State Department country-condition reports, inaccuracies, falsehoods, and other relevant factors. This applies whether statements were sworn, whenever made, and regardless of whether an inconsistency goes to the heart of the claim. There is no automatic credibility presumption; but if no adverse credibility finding is expressly made, the applicant or witness has a rebuttable credibility presumption on appeal.

(5) If the judge orders removal, the judge must tell the alien about the right to appeal and the consequences of not leaving, including civil and criminal penalties. (6) The alien may file one motion to reconsider within 30 days after the final administrative removal order. It must identify legal or factual errors and cite supporting authority. (7) The alien may file one motion to reopen, except this limit does not block one motion under (C)(iv). The motion must state the new facts to be proved and include affidavits or other evidence. It normally must be filed within 90 days. There is no deadline when it seeks asylum or withholding under §§ 1158 or 1231(b)(3) based on material changed country conditions that were unavailable and could not previously have been discovered or presented. A motion about an in-absentia order follows (b)(5)(C)’s deadline. For battered spouses, children, and parents, deadline limits do not apply when the motion seeks the listed relief under clause (iii) or (iv) of § 1154(a)(1)(A), clause (ii) or (iii) of § 1154(a)(1)(B), § 1229b(b), or former § 1254(a)(3); is accompanied by a cancellation application or VAWA self-petition copy; is filed within one year, subject to the Attorney General’s discretionary waiver for extraordinary circumstances or extreme hardship to the alien’s child; and the alien is physically present in the United States. Such a motion stays removal only for a “qualified alien” under § 1641(c)(1)(B), pending final disposition including appeals, if the motion establishes that status.

(d) Stipulated removal. The Attorney General must regulate entry by an immigration judge of a removal order agreed to by the alien or representative and the Service. That order conclusively determines removability.

(e) Definitions. (1) “Exceptional circumstances” means circumstances beyond the alien’s control, such as battery or extreme cruelty to the alien or the alien’s child or parent, serious illness of the alien, or serious illness or death of the spouse, child, or parent, but not less compelling circumstances. (2) “Removable” means, for an alien not admitted, inadmissibility under § 1182, and for an admitted alien, deportability under § 1227.