Created by FindLaw's team
of legal writers and editors.
While immigration judges usually conduct removal proceedings, they may also conduct the following hearings and reviews:
- Bond Re-determination Hearings to determine whether to lower or eliminate the amount of a bond set by DHS for an individual detained by DHS. The detained individual makes a request for a bond re-determination hearing to the immigration judge. These hearings are generally informal and are not part of the removal proceedings.
- Rescission Hearing to determine whether a lawful permanent resident should have his/her residency status rescinded because he/she was not entitled to it when it was granted.
- Withholding-Only Hearing to determine whether an individual who has been ordered removed is eligible for withholding of removal under Section 241(b)(3)of the Immigration and Nationality Act or under the Convention Against Torture.
- Asylum-Only Hearing to determine whether certain individuals who are not entitled to a removal hearing (crewmen, stowaways, Visa Waiver Pilot Program beneficiaries, and those ordered removed from the United States on security grounds) but claim a well-founded fear of persecution in their home country are eligible for asylum.
- Credible Fear Review to determine whether an individual in expedited removal has a credible fear of persecution or torture (for more information, see DOJ fact sheet "Asylum and Withholding of Removal Relief: Convention Against Torture Protections"). Expedited removal allows DHS to remove certain individuals from the United States without placing them in removal proceedings.
- Reasonable Fear Review to determine whether an individual in expedited removal, who has been previously removed from the United States, has a reasonable fear of persecution or torture (for more information, see DOJ fact sheet referenced above).
- Claimed Status Review to determine whether an individual in expedited removal has a valid claim to U.S. citizenship, lawful permanent residency,refugee or asylum status, when the individual claims under oath to have such status.
- In Absentia Hearing to determine whether an individual who does not appear for a scheduled hearing may be ordered removed in his/her absence, which is called in absentia. The immigration judge will order an individual removed in absentia if DHS establishes by clear, unequivocal and convincing evidence that the individual is removable, and that DHS served the individual with a written notice to appear for the hearing that included information on the consequences of being absent for a hearing.