US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1229a

Removal proceedings

(a)

Proceeding

(1)

In general

An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien.

(2)

Charges

section 1182(a) of this titlesection 1227(a) of this titleAn alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under or any applicable ground of deportability under .

(3)

Exclusive procedures

section 1228 of this titleUnless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to .

(b)

Conduct of proceeding

(1)

Authority of immigration judge

The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.

(2)

Form of proceeding

(A)

In general

The proceeding may take place—
(i)
in person,
(ii)
where agreed to by the parties, in the absence of the alien,
(iii)
through video conference, or
(iv)
subject to subparagraph (B), through telephone conference.
(B)

Consent required in certain cases

An evidentiary hearing on the merits may only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the right to proceed in person or through video conference.

(3)

Presence of alien

If it is impracticable by reason of an alien’s mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien.

(4)

Alien’s rights in proceeding

In proceedings under this section, under regulations of the Attorney General—
(A)
the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings,
(B)
the alien shall have a reasonable opportunity to examine the evidence against the alien, to present evidence on the alien’s own behalf, and to cross-examine witnesses presented by the Government but these rights shall not entitle the alien to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States or to an application by the alien for discretionary relief under this chapter, and
(C)
a complete record shall be kept of all testimony and evidence produced at the proceeding.
(5)

Consequences of failure to appear

(A)

In general

section 1229(a) of this titlesection 1229(a)(1)(F) of this titleAny alien who, after written notice required under paragraph (1) or (2) of has been provided to the alien or the alien’s counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal, and convincing evidence that the written notice was so provided and that the alien is removable (as defined in subsection (e)(2)). The written notice by the Attorney General shall be considered sufficient for purposes of this subparagraph if provided at the most recent address provided under .

(B)

No notice if failure to provide address information

section 1229(a)(1)(F) of this titleNo written notice shall be required under subparagraph (A) if the alien has failed to provide the address required under .

(C)

Rescission of order

Such an order may be rescinded only—
(i)
upon a motion to reopen filed within 180 days after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (e)(1)), or
(ii)
section 1229(a) of this title upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien.
The filing of the motion to reopen described in clause (i) or (ii) shall stay the removal of the alien pending disposition of the motion by the immigration judge.
(D)

Effect on judicial review

section 1252 of this titlesection 1252(b)(5) of this titleAny petition for review under of an order entered in absentia under this paragraph shall (except in cases described in ) be confined to (i) the validity of the notice provided to the alien, (ii) the reasons for the alien’s not attending the proceeding, and (iii) whether or not the alien is removable.

(E)

Additional application to certain aliens in contiguous territory

section 1225(b)(2)(C) of this titleThe preceding provisions of this paragraph shall apply to all aliens placed in proceedings under this section, including any alien who remains in a contiguous foreign territory pursuant to .

(6)

Treatment of frivolous behavior

The Attorney General shall, by regulation—
(A)
define in a proceeding before an immigration judge or before an appellate administrative body under this subchapter, frivolous behavior for which attorneys may be sanctioned,
(B)
specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and
(C)
impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior.
Nothing in this paragraph shall be construed as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior.
(7)

Limitation on discretionary relief for failure to appear

section 1229(a) of this titleAny alien against whom a final order of removal is entered in absentia under this subsection and who, at the time of the notice described in paragraph (1) or (2) of , was provided oral notice, either in the alien’s native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (e)(1)) to attend a proceeding under this section, shall not be eligible for relief under section 1229b, 1229c, 1255, 1258, or 1259 of this title for a period of 10 years after the date of the entry of the final order of removal.

(c)

Decision and burden of proof

(1)

Decision

(A)

In general

At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States. The determination of the immigration judge shall be based only on the evidence produced at the hearing.

(B)

Certain medical decisions

section 1222(b) of this titlesection 1182(a) of this titleIf a medical officer or civil surgeon or board of medical officers has certified under that an alien has a disease, illness, or addiction which would make the alien inadmissible under paragraph (1) of , the decision of the immigration judge shall be based solely upon such certification.

(2)

Burden on alien

In the proceeding the alien has the burden of establishing—
(A)
section 1182 of this title if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible under ; or
(B)
by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission.
In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien’s visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States.
(3)

Burden on service in cases of deportable aliens

(A)

In general

In the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.

(B)

Proof of convictions

In any proceeding under this chapter, any of the following documents or records (or a certified copy of such an official document or record) shall constitute proof of a criminal conviction:
(i)
An official record of judgment and conviction.
(ii)
An official record of plea, verdict, and sentence.
(iii)
A docket entry from court records that indicates the existence of the conviction.
(iv)
Official minutes of a court proceeding or a transcript of a court hearing in which the court takes notice of the existence of the conviction.
(v)
An abstract of a record of conviction prepared by the court in which the conviction was entered, or by a State official associated with the State’s repository of criminal justice records, that indicates the charge or section of law violated, the disposition of the case, the existence and date of conviction, and the sentence.
(vi)
Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indicates the existence of a conviction.
(vii)
Any document or record attesting to the conviction that is maintained by an official of a State or Federal penal institution, which is the basis for that institution’s authority to assume custody of the individual named in the record.
(C)

Electronic records

In any proceeding under this chapter, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shall be admissible as evidence to prove a criminal conviction if it is—
(i)
certified by a State official associated with the State’s repository of criminal justice records as an official record from its repository or by a court official from the court in which the conviction was entered as an official record from its repository, and
(ii)
certified in writing by a Service official as having been received electronically from the State’s record repository or the court’s record repository.
A certification under clause (i) may be by means of a computer-generated signature and statement of authenticity.
(4)

Applications for relief from removal

(A)

In general

An alien applying for relief or protection from removal has the burden of proof to establish that the alien—
(i)
satisfies the applicable eligibility requirements; and
(ii)
with respect to any form of relief that is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion.
(B)

Sustaining burden

The applicant must comply with the applicable requirements to submit information or documentation in support of the applicant’s application for relief or protection as provided by law or by regulation or in the instructions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant has satisfied the applicant’s burden of proof. In determining whether the applicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines that the applicant should provide evidence which corroborates otherwise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence.

(C)

Credibility determination

Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency between the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the internal consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility determination is explicitly made, the applicant or witness shall have a rebuttable presumption of credibility on appeal.

(5)

Notice

If the immigration judge decides that the alien is removable and orders the alien to be removed, the judge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties.

(6)

Motions to reconsider

(A)

In general

The alien may file one motion to reconsider a decision that the alien is removable from the United States.

(B)

Deadline

The motion must be filed within 30 days of the date of entry of a final administrative order of removal.

(C)

Contents

The motion shall specify the errors of law or fact in the previous order and shall be supported by pertinent authority.

(7)

Motions to reopen

(A)

In general

An alien may file one motion to reopen proceedings under this section, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv).

(B)

Contents

The motion to reopen shall state the new facts that will be proven at a hearing to be held if the motion is granted, and shall be supported by affidavits or other evidentiary material.

(C)

Deadline

(i)

In general

Except as provided in this subparagraph, the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal.

(ii)

Asylum

1

1 So in original.
There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief under sections  1158 or 1231(b)(3) of this title and is based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding.

(iii)

Failure to appear

The filing of a motion to reopen an order entered pursuant to subsection (b)(5) is subject to the deadline specified in subparagraph (C) of such subsection.

(iv)

Special rule for battered spouses, children, and parents

Any limitation under this section on the deadlines for filing such motions shall not apply—
(I)
section 1154(a)(1)(A) of this titlesection 1154(a)(1)(B) of this title1section 1229b(b) of this titlesection 1254(a)(3) of this title if the basis for the motion is to apply for relief under clause (iii) or (iv) of , clause (ii) or (iii) of ,, , or (as in effect on );
(II)
if the motion is accompanied by a cancellation of removal application to be filed with the Attorney General or by a copy of the self-petition that has been or will be filed with the Immigration and Naturalization Service upon the granting of the motion to reopen;
(III)
if the motion to reopen is filed within 1 year of the entry of the final order of removal, except that the Attorney General may, in the Attorney General’s discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the alien’s child; and
(IV)
if the alien is physically present in the United States at the time of filing the motion.
section 1641(c)(1)(B) of this title2
2 So in original. A closing parenthesis probably should appear.
 The filing of a motion to reopen under this clause shall only stay the removal of a qualified alien (as defined in   pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.
(d)

Stipulated removal

The Attorney General shall provide by regulation for the entry by an immigration judge of an order of removal stipulated to by the alien (or the alien’s representative) and the Service. A stipulated order shall constitute a conclusive determination of the alien’s removability from the United States.

(e)

Definitions

section 1229b of this titleIn this section and :
(1)

Exceptional circumstances

The term “exceptional circumstances” refers to exceptional circumstances (such as battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.

(2)

Removable

The term “removable” means—
(A)
section 1182 of this title in the case of an alien not admitted to the United States, that the alien is inadmissible under , or
(B)
section 1227 of this title in the case of an alien admitted to the United States, that the alien is deportable under .

June 27, 1952, ch. 477Pub. L. 104–208, div. C, title III, § 304(a)(3)110 Stat. 3009–589Pub. L. 106–386, div. B, title V, § 1506(c)(1)(A)114 Stat. 1528Pub. L. 109–13, div. B, title I, § 101(d)119 Stat. 304Pub. L. 109–162, title VIII119 Stat. 3057(, title II, ch. 4, § 240, as added , , ; amended , , ; , , ; , §§ 813(a)(1), 825(a), , , 3063.)

Editorial Notes

References in Text

act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsecs. (a)(3), (b)(1), (4)(B), and (c)(3)(B), (C), was in the original, “this Act”, meaning , , known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 1254 of this titlePub. L. 104–208, div. C, title III, § 308(b)(7)110 Stat. 3009–615, referred to in subsec. (c)(7)(C)(iv)(I), was repealed by , , .

Prior Provisions

section 1230 of this titleA prior section 240 of act , was renumbered section 240C, and is classified to .

Amendments

Pub. L. 109–162, § 825(a)(1)2006—Subsec. (c)(7)(A). , inserted before period at end “, except that this limitation shall not apply so as to prevent the filing of one motion to reopen described in subparagraph (C)(iv)”.

Pub. L. 109–162, § 825(a)(2)(A) Subsec. (c)(7)(C)(iv). , (B), substituted “spouses, children, and parents” for “spouses and children” in heading and “Any limitation under this section on the deadlines for filing such motions shall not apply” for “The deadline specified in subsection (b)(5)(C) of this section for filing a motion to reopen does not apply” in introductory provisions.

Pub. L. 109–162, § 825(a)(2)(C)section 1229b(b) of this titlesection 1254(a)(3) of this titlesection 1229b(b) of this titlesection 1229b(b)(2) of this titleSubsec. (c)(7)(C)(iv)(I). , which directed substitution of “, , or (as in effect on )” for “or ”, was executed by making the substitution for “or ”, to reflect the probable intent of Congress.

Pub. L. 109–162, § 825(a)(2)(D)Subsec. (c)(7)(C)(iv)(IV). –(F), added subcl. (IV).

Pub. L. 109–162, § 813(a)(1)Subsec. (e)(1). , substituted “battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien,” for “serious illness of the alien”.

Pub. L. 109–132005—Subsec. (c)(4) to (7). added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively.

Pub. L. 106–3862000—Subsec. (c)(6)(C)(iv). added cl. (iv).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–162, title VIII, § 813(a)(2)119 Stat. 3058

“The amendment made by paragraph (1) [amending this section] shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 2005 Amendment

Pub. L. 109–13section 101(h)(2) of Pub. L. 109–13section 1158 of this titleAmendment by effective , and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–386, div. B, title V, § 1506(c)(1)(B)114 Stat. 1528

8 U.S.C. 1229–122Pub. L. 104–208“The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (9c) [].”
, , , provided that:

Effective Date

section 309 of Pub. L. 104–208section 1101 of this titleSection effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as an Effective Date of 1996 Amendments note under .

section 322(c) of Pub. L. 104–208section 1101 of this titleSubsec. (c)(3)(B), (C) of this section applicable to proving convictions entered before, on, or after , see , set out as an Effective Date of 1996 Amendments note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .

Elimination of Time Limitations on Motions To Reopen Deportation Proceedings for Victims of Domestic Violence

Pub. L. 106–386, div. B, title V, § 1506(c)(2)114 Stat. 1528Pub. L. 109–162, title VIII119 Stat. 3058

“(A)
(i)

In general .—

8 U.S.C. 1101Pub. L. 104–2088 U.S.C. 1101Notwithstanding any limitation imposed by law on motions to reopen or rescind deportation proceedings under the Immigration and Nationality Act [ et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [] ( note))—
“(I)
8 U.S.C. 1252b(c)(3) there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nationality Act (as so in effect) () does not apply—
“(aa)
8 U.S.C. 1154(a)(1)(A)8 U.S.C. 1154(a)(1)(B)8 U.S.C. 1254(a)(3) if the basis of the motion is to apply for relief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (), or section 244(a)(3) of such Act (as so in effect) (); and
“(bb)
if the motion is accompanied by a suspension of deportation application to be filed with the Secretary of Homeland Security or by a copy of the self-petition that will be filed with the Department of Homeland Security upon the granting of the motion to reopen; and
“(II)
8 U.S.C. 1229a(c)(7) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Nationality Act ().
“(ii)

Prima facie case .—

8 U.S.C. 1641(c)(1)(B)The filing of a motion to reopen under this subparagraph shall only stay the removal of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ()[)] pending the final disposition of the motion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien.
“(B)

Applicability .—

Subparagraph (A) shall apply to motions filed by aliens who are physically present in the United States and who—
“(i)
8 U.S.C. 11018 U.S.C. 1101 are, or were, in deportation or exclusion proceedings under the Immigration and Nationality Act [ et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( note)); and
“(ii)
have become eligible to apply for relief described in subparagraph (A)(i) as a result of the amendments made by—
“(I)
Public Law 103–322108 Stat. 1953 subtitle G [§ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (; et seq.) [see Tables for classification]; or
“(II)
section 1101 of this title this title [see Short Title of 2000 Amendment note set out under ].”
, , , as amended by , §§ 814(a), 825(b), , , 3064, provided that:

References to Order of Removal Deemed To Include Order of Exclusion and Deportation

section 309(d)(2) of Pub. L. 104–208section 1101 of this titleFor purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see , set out in an Effective Date of 1996 Amendments note under .