| Summary Removal Orders
An order of summary removal can be issued against a non-citizen not by an immigration "judge" in removal proceedings in an immigration court, but instead, by an immigration officer in the regular exercise of his delegated duties. An order of summary removal (summary deportation) carries the same severe consequences as does, an order of removal issued by an immigration judge. The Congress of the United States passed two major legislations in 1996, with sweeping changes to the immigration laws of our nation. These two legislations were denominated as the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).
Under some of IIRIRA's new provisions, an officer of the Immigration and Customs Enforcement (ICE) has been delegated with the authority to issue these so called summary removal orders thereby avoiding the normal procedure involving the filing of charging document before the Immigration Court and allowing the alien to sometimes defeat deportation (removal) from the United States whenever the ICE is unable to present clear and convincing evidence that the alien is removable (deportable) or when the alien establishes to the satisfaction of the Immigration Court that he/she deserves a grant of legal status based on a series of applications that are available for most non-criminal aliens that are unlawfully present in the United States.
There are two (2) practical reasons when an ICE officer has been delegated with the authority to issue a summary order of removal against an alien. One is when the alien who is present in the United States has come to the attention of the ICE that he/she has suffered a conviction for certain crimes that are designated as offenses for which the alien can be removed expeditiously. The other, is where the alien comes to the attention of the ICE agent either attempting to enter the United States at a port of entry or an alien found in the United States who cannot establish to the satisfaction of the agent that he/she has been present in the United States for a period not less than 2 years. In these instances then, an agent of ICE can effectuate the removal of the alien expeditiously and making it extremely difficult if not impossible for the alien to seek any relief.
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