7.3 - Rescission Proceedings

(a) In General

In a rescission proceeding, an immigration judge determines whether a noncitizen’s status as a lawful permanent resident should be “rescinded,” or taken away, because the noncitizen was not entitled to become a lawful permanent resident.  See generally 8 C.F.R. § 1246.1 et seq.  A noncitizen’s lawful permanent resident status may not be rescinded if more than 5 years have passed since the noncitizen became a lawful permanent resident.  See INA § 246(a).

(b) Notice of Intent to Rescind

A rescission proceeding begins when the Department of Homeland Security personally serves a noncitizen with a Notice of Intent to Rescind.  The noncitizen has 30 days to submit a sworn answer in writing and/or request a hearing before an immigration judge.  A rescission hearing is held if the noncitizen files a timely answer which contests or denies any allegation in the Notice of Intent to Rescind or the noncitizen requests a hearing.

(c) Conduct of Hearing

Rescission proceedings are conducted in a manner similar to removal proceedings.  See Chapter 4 (Hearings before the Immigration Judges).

(d) Appeal

An immigration judge’s decision in a rescission proceeding can be appealed to the Board of Immigration Appeals.