What must be present to process an alien for an administrative removal under 238(b)?

• A. Evidence of financial resources
• B. Conviction and penalty
• C. A transcript of immigration hearings
• D. Approval of a waiver application

Answer: (B)

To process an alien for administrative removal under Section 238(b) of the Immigration and Nationality Act, a conviction for a specific criminal offense is necessary. This section pertains to individuals who are inadmissible due to certain crimes, and it emphasizes that there must be a formal criminal conviction for removal proceedings to be initiated administratively.

The conviction serves as both the legal basis and the justification for the removal. It is issued by a court and establishes that the individual has engaged in behaviors that render them eligible for removal under the immigration laws. The established penalty associated with that conviction further solidifies the grounds for the administrative action.

The other options, while potentially relevant in different immigration contexts, do not apply specifically to the administrative removal process under Section 238(b). For example, financial resources are not a determining factor for administrative removal, nor is a transcript of immigration hearings necessary in this context. Waivers may be relevant for other forms of relief from removal but are not prerequisites for initiating the process outlined in Section 238(b).