A Guide to Representing Asylum Seekers in Expedited Removal and Reinstatement of Removal Proceedings

6/18 Ordinarily, when immigrants are facing deportation, they are placed in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), or “Section 240” proceedings. In Section 240 proceedings, immigrants appear before an immigration judge (IJ), who must provide them a fair and neutral opportunity to present their case, and they have the right to bring an attorney to represent them. If the IJ denies them relief, they can appeal to the Board of Immigration Appeals (BIA) and then to a federal court of appeals.4 Unfortunately, many asylum seekers do not receive these basic procedural protections because they are subject to “expedited removal” proceedings or “reinstatement of removal” instead of a Section 240 proceeding.