Expedited Removal under INA § 235(b)(1) is a fast-track removal process used by US Customs and Border Protection (CBP) for certain foreign nationals found inadmissible at the border.
What is Expedited Removal?
Expedited removal is a legal procedure authorized under Immigration and Nationality Act (INA) § 235(b)(1) that allows CBP officers to remove foreign nationals without a hearing before an immigration judge. It was created to quickly deport individuals who are clearly inadmissible under specific provisions of the law.
Who Can Be Subject to Expedited Removal?
You can be placed in expedited removal if:
- You are arriving at a US port of entry (like an airport, land border, or seaport), and
- You are found inadmissible for one or more of the following:
- Lacking valid entry documents (INA § 212(a)(7)(A)(i)(I))
- Using fraud or misrepresentation to gain entry (INA § 212(a)(6)(C)(i))
Expedited removal also applies within the US interior (usually within 100 miles of a border and within 14 days of unlawful entry) but is mostly used at airports and land crossings.
Legal Procedure and No Right to Judge
Key aspects of expedited removal:
- No right to see an immigration judge
- No formal hearing or chance to present a defense
- Decision made solely by a CBP officer
- Removal is immediate or within hours/days
- Bar to re-entry for 5 years (INA § 212(a)(9)(A)(i))
What Happens After Expedited Removal?
You are usually:
- Returned to your home country (same day or after a short detention)
- Banned from reentering the US for 5 years
- If fraud or misrepresentation was involved, subject to a permanent bar unless waived
You will receive a Form I-860 (Notice and Order of Expedited Removal), and CBP may cancel your existing visa (if any) under 22 C.F.R. § 41.122(h)(3).
Can You Challenge Expedited Removal?
If you believe that the expedited removal order was issued in error or resulted from a misunderstanding, it is possible to challenge the decision and request that the order be rescinded. Our team has successfully represented numerous individuals in similar situations, helping them reverse removal orders and restore their ability to lawfully enter the United States.
If you were expedited removed, the consequences are serious but not permanent. With prompt and strategic legal support, many people are able to restore their visa eligibility and return to the U.S.
Call us today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ve helped clients overcome expedited removal orders and CBP revocations and we’re ready to help you do the same.