Define: Removal

In Law, Removal generally refers to the transfer of a legal case from one court or jurisdiction to another. It often occurs when a party to a case believes that the case would be more appropriately heard in a different court due to factors such as jurisdictional issues, impartiality concerns, or procedural advantages. In the United States, removal typically refers to the transfer of a case from state court to federal court, while in other contexts, it may involve transferring a case between different courts within the same jurisdiction. Removal procedures vary depending on the legal system and the specific circumstances of the case, but they generally involve formal requests and hearings before a judge to determine whether removal is warranted.

A legal proceeding, commonly known as “deportation,” that is conducted before a special immigration judge to decide whether or not an immigrant will be allowed to enter or remain in the country. While, generally speaking, a person who is already in the U.S. cannot be expelled without first going through a removal hearing, someone arriving at the border or a port of entry can be forced to leave without a hearing or ever seeing a judge. Those who are deported are barred from returning to the United States for at least five years unless the Immigration and Naturalization Service (INS) grants a special waiver.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.