In immigration removal proceedings, the Immigration Judge (IJ) conducts an independent review of the evidence rather than simply reviewing the immigration officer's decision, taking a fresh look to determine whether the individual fits one of the six categories of removability under the Immigration and Nationality Act (INA), which establishes that removal proceedings are the sole and exclusive procedure for determining admissibility or removability.
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SCOTUS Oral Argument: Blanche v. Lau #28追加:
is you're not I I just want to be clear about this. The IJ is not reviewing the immigration officer's decision. The IJ is taking a fresh look at the evidence and determining whether in fact the LPRs fit one of those six categories. So, that that's number one. Number two, uh the reason for that oddity is actually just once you stare at the INA long enough, you realize that that has to be how it is because uh number one, the INA says, and this is uh 1229A3, uh it's a page 5A of our opening brief, that the removal proceedings, setting aside expedited removal, are the sole and exclusive procedure for determining um admissibility or removability. And then later, it's and it and
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