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Regular Removal
Unlike expedited Removal , regular Removal Proceeding is a regular Judicial Process
Despite the changes in the labels regarding removal of the non-citizens, we still have two separate grounds for removal—First one (inadmissibility),(see expedited removal) for those who have not been admitted to the United States and are inadmissible under immigration laws called or under Immigration National Act section 212 and second (deportability) for them, who have been admitted to the United States (i.e., entered legally) and are deportable under INA §237(a). Violation of any of the laws under inadmissibility and deportability are grounds for removal. Thus, two sets of removal grounds exist: inadmissibility and deportability. Any alien can be “removed” because he or she is ineligible for admission to the United States (“inadmissible”), or because he or she has violated the terms of his or her status or committed proscribed acts after having been admitted to the United States (“deportable”).
Besides incorporating the inadmissibility ground as stated in the INA § § 212(a)(1) to (9), the government can remove non-citizens if they
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are inadmissible at time of entry or violate their immigration status, INA §237(a)(1);
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commit certain criminal offenses, INA §237(a)(2);
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including crimes of moral turpitude,
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aggravated felonies,
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alien smuggling, and high-speed flight from an immigration checkpoint;
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fail to register (if required under law) or commit document fraud, INA §237(a)(3);
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are security risks (including aliens who violate any law relating to espionage, engage in criminal activity that endangers public safety, partake in terrorist activities, or assisted in Nazi persecution or genocide), INA §237(a)(4);
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become a public charge within five years of entry, INA §237(a)(5); or vote unlawfully, INA §237(a)(6).
Once someone became subject to removal it had to be determined whether she was subject to expedited removal or regular removal. Aliens’ status as a lawful permanent resident prevents them from expedited removal. Therefore, such an alien is subject to regular removal proceedings pursuant to INA § 235(b)(2). Under INA § 235(b)(2)(A)41 once an alien is classified as an inadmissible arriving alien subject to removal, the immigration is authorized to detain them. However please note that, Department of Homeland Security has prosecutorial discretion to place aliens in regular removal proceedings under section 1229a notwithstanding the fact that the alien could qualify for expedited ). So, DHS may choose which enforcement route it wishes to take—1125(b)(1) expedited removal, or 1229a regular removal—but it is not thereby making a choice as to whether 1125(b)(1) or 1125(b)(2) applies. Exercising discretion to process an alien under section 1229a instead of expedited removal under section 1225(b)(1) does not mean the alien is somehow also being processed under section 1225(b)(2). In the regular removal proceeding, the aliens shall be entitled to due process. It is well established that the Fifth Amendment guarantees non-citizens due process in removal proceedings. Therefore, every individual in removal proceedings is entitled to a full and fair hearing and an opportunity to present evidence and testimony on one's behalf.
