4.1 - Types of Proceedings

Immigration judges preside over courtroom proceedings in removal, deportation, exclusion, and other kinds of proceedings.  See Chapter 1.4(a) (Jurisdiction). This chapter describes the procedures in removal proceedings.

Other kinds of proceedings, including streamlined removal proceedings under 8 C.F.R. § 1240.17, conducted by immigration judges are discussed in the following chapters:

Chapter 7                         Other Proceedings before Immigration Judges

Chapter 9                         Detention and Bond

Chapter 10                      Discipline of Practitioners 

Note: Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the two major types of courtroom proceedings conducted by immigration judges were deportation and exclusion proceedings.  In 1996, the IIRIRA replaced deportation proceedings and exclusion proceedings with removal proceedings.  The new removal provisions went into effect on April 1, 1997.  See INA § 240, as amended by IIRIRA § 309(a).  The regulations governing removal proceedings are found at 8 C.F.R. §§ 1003.12-1003.41, 1240.1-1240.26.  For more information on deportation and exclusion proceedings, see Chapter 7 (Other Proceedings before Immigration Judges).

Updated August 16, 2022