Who conducts removal proceedings under INA 240?

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Removal proceedings under the Immigration and Nationality Act (INA) Section 240 are conducted by an Immigration Judge. This is a critical aspect of the immigration process, as Immigration Judges are specifically appointed to oversee cases involving individuals facing deportation or removal from the United States. Their role includes ensuring that due process is followed, evaluating evidence, and making fair and impartial decisions based on the law.

While immigration officers, federal law enforcement officers, and Department of Homeland Security agents may play roles in the enforcement and processing of immigration laws, it is the Immigration Judge who has the legal authority to conduct the actual removal proceedings. This distinction reinforces the judiciary's role in immigration matters, ensuring that decisions regarding an individual's status are made in a court-like setting with the opportunity for legal representation and appeal.

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