NOTICE AND ORDER OF EXPEDITED REMOVAL
Form I-860 is the document CBP uses to state the charges and enter an expedited removal order. Reviewing the I-860 together with the sworn statement is often the starting point for understanding a border removal case.
Form I-860 is titled Notice and Order of Expedited Removal. Under 8 C.F.R. §235.3(b)(2), an immigration officer using the expedited-removal procedure advises the traveler of the charges on Form I-860 and gives the traveler an opportunity to respond to those charges in the sworn statement.
The regulation also requires supervisory concurrence before the order becomes final. The traveler is ordinarily served with the I-860 and asked to acknowledge receipt.
An I-860 is very different from a visa cancellation stamp. A canceled visa may accompany an expedited removal, but the visa cancellation alone does not establish that an I-860 removal order was entered.
The expedited-removal record ordinarily includes more than the I-860. The regulations require a record of the facts and the traveler’s statements using Form I-867A/B, Record of Sworn Statement in Proceedings Under Section 235(b)(1) of the Act.
Because the sworn statement may contain the factual basis for the order, an I-860 should rarely be evaluated in isolation.
Under the standard expedited-removal regulation, the procedure applies to specified inadmissibility determinations under INA §212(a)(6)(C) or §212(a)(7). Those provisions can involve fraud or willful misrepresentation, false claims to citizenship in appropriate cases, or documentary deficiencies.
The exact subsection matters. A finding under INA §212(a)(7) does not have the same future consequences as a finding under INA §212(a)(6)(C)(i). The wording and boxes on the I-860, together with the sworn statement and other CBP records, should therefore be reviewed carefully.
Travelers do not always leave the airport with a complete set of records. Some later remember only that the visa was canceled, the passport was annotated, or they were placed on a return flight.
A CBP Freedom of Information Act request may help obtain the I-860, I-867 record and other responsive border records. See CBP FOIA and Border Records.
Do not infer the legal result from memory alone. Before filing Form I-212 or another waiver application, the government record should be obtained when possible so the filing addresses the actual disposition.
A first expedited removal of an arriving applicant generally raises the five-year provision of INA §212(a)(9)(A)(i). A second or subsequent qualifying removal can carry a longer period.
See Five-Year Bar After Expedited Removal for a focused explanation of the removal-related inadmissibility period and Form I-212.
The answer depends on the alleged error and the procedural posture. Expedited removal does not provide the ordinary administrative appeal available in many immigration proceedings. Nevertheless, reviewing the complete record may reveal issues involving identity, status, the statutory charge, the sworn statement, the procedure used or government data.
A request for agency review, record correction or other targeted relief may be appropriate in some cases, while other cases may require working around the existing order through Form I-212 or another waiver. See Can an Expedited Removal Order Be Challenged?.
No. Form I-860 is associated with expedited removal. Form I-275 has historically been associated with withdrawal of an application for admission. The legal consequences can be substantially different.
No. The statutory charge must be reviewed. Expedited removal may involve INA §212(a)(6)(C) or §212(a)(7), and those grounds do not all have the same consequences.
Yes. That is one of the defining features of the expedited-removal procedure. Except for specified statutory and regulatory exceptions, the order can be entered without ordinary INA §240 removal proceedings before an immigration judge.
The I-867A/B sworn statement, passport annotations, visa cancellation, secondary-inspection records, prior visa applications and relevant CBP or Department of State records may all matter.
The following government materials provide the principal statutory, regulatory or agency framework discussed on this page.
The I-860 and sworn statement can reveal the removal ground, factual allegations and issues that must be addressed before a future visa or admission attempt.