When someone is facing immigration enforcement, the process can feel overwhelming—especially when terms like expedited removal and regular removal proceedings get thrown around. Although both are ways the government can remove someone from the United States, they work very differently under the Immigration and Nationality Act (INA). Understanding those differences can help you or a loved one make informed decisions and protect important rights.

What Is Expedited Removal? (INA § 235(b))

Expedited removal is a fast-track process used by immigration officers at the border, airports, ports of entry, and sometimes within the U.S. for recent arrivals. In these cases, there is no immigration judge, no hearing, and almost no opportunity to appeal. The officer can issue a removal order on the spot.

This process is typically used when someone:

• Lacks valid entry documents, or
• Is accused of misrepresentation or fraud when seeking entry

If the person expresses fear of returning to their home country, they should be given a credible fear interview to determine whether they may qualify for asylum or other protection. Without that, removal happens very quickly, and the individual may face a five-year bar or longer from reentering the U.S.

What Are Regular Removal Proceedings? (INA § 240)

Regular removal proceedings—also called formal removal—take place before an immigration judge. These cases offer far more due process and protections. The individual has the right to be represented by an attorney, present evidence, challenge the government’s claims, and apply for relief from removal.

Common forms of relief in regular proceedings include:

• Asylum or withholding of removal
• Cancellation of removal
• Adjustment of status (green card)
• Waivers for certain immigration violations
• Protection under VAWA or U visa programs

Because there are hearings, filings, and appeals, these cases typically take months or years to resolve—not days.

Key Differences at a Glance

• Decision-maker: Expedited → immigration officer; Regular → immigration judge
• Rights: Expedited offers almost no due process; Regular allows for legal representation and applications for relief
• Timing: Expedited is extremely fast; Regular cases can take much longer
• Where it's used: Expedited applies mostly at the border or for recent entrants; Regular applies broadly to people inside the U.S.

Why the Difference Matters

The type of process used can dramatically affect your options, timelines, and long-term immigration consequences. Expedited removal can shut the door quickly unless it’s stopped early—while regular removal proceedings give individuals a real opportunity to fight their case and remain in the country lawfully.

How ATR Law Group Can Help

At ATR Law Group, we help individuals and families across Phoenix and nationwide understand their rights, respond quickly to removal actions, and pursue all available forms of relief. Whether you or a loved one is facing expedited removal, fighting a case in immigration court, or seeking protection such as asylum, VAWA, or a U visa, our team is here to guide you every step of the way.

If you or someone you know needs help right now, call us for a free consultation at (602) 702-0981 or visit our website to get started.