Being stopped at a US airport or land border and denied entry by Customs and Border Protection (CBP) can be frightening and confusing. In many cases, travelers are issued an Order of Removal under Section 235(b)(1) of the Immigration and Nationality Act (INA) and given forms I-860 or I-867A/B documenting the removal. This is known as expedited removal, one of the harshest tools in US immigration enforcement but also one that can often be challenged or reversed.
What Is an Order of Removal Under Section 235(b)(1)?
Under INA §235(b)(1), CBP officers have the authority to deny entry and order immediate removal of individuals they believe are inadmissible for reasons such as:
- Misrepresentation or fraud under INA §212(a)(6)(C)(i);
- Lack of a valid visa or entry document; or
- Prior immigration violations or overstays
Unlike standard deportation cases, expedited removals do not go before an immigration judge. The CBP officer’s decision is final, and the traveler is often removed within hours.
What Are the Consequences of a 235(b)(1) Expedited Removal?
If you receive a 235(b)(1) removal order, you are automatically subject to a five-year reentry bar to the United States. In some cases, if CBP adds findings such as misrepresentation or fraud, you could face permanent inadmissibility. However, many expedited removals are issued in error based on misunderstandings, lack of evidence, or officer misjudgment. These can often be challenged or corrected with proper legal action.
Real Success Stories
At The Messersmith Law Firm, we carefully analyze CBP records, officer notes, and all supporting documentation to find the best path to remove or overcome the bar.
Case 1: Five-Year CBP Bar Removed After Wrongful Misrepresentation Finding
A business traveler from the U.K. was issued an expedited removal under INA §235(b)(1) after a CBP officer wrongly accused him of misrepresentation regarding his purpose of visit. We obtained his CBP records, identified procedural errors, and filed a legal request for correction. Within 90 days, the five-year bar was lifted, and he successfully reentered the US on a new visa.
Case 2: Student Reentry Granted After Expedited Removal at Airport
A Norway man on an approved H-1B visa was denied entry at a US airport after CBP wrongly suspected he worked at a location which was not indicated on the Labor Condition and I-129. He was issued an expedited removal order under INA §235(b)(1) and barred from entry. Our firm appealed the CBP decision, presenting proof of valid employment and compliance with H-1B regulations. The appeal was granted, his removal order rescinded, and he was able to return to the US to continue her career.
Take Action Quickly — Don’t Let the Bar Define Your Future
If you were denied entry or removed under Section 235(b)(1), every day matters. Acting fast can make the difference between years of inadmissibility and regaining your ability to travel freely to the US. At The Messersmith Law Firm, we have helped countless travelers and visa holders remove CBP bars, reopen wrongful removals, and regain entry into the United States.
Call 305-515-0613 or email info@messersmithlaw.com today for a same-day consultation to review your expedited removal or inadmissibility determination and develop a winning strategy.