Who can be processed for administrative removal under 238(b)?

• A. An alien with a pending application for asylum
• B. An alien who is not an LPR with a final conviction for an aggravated felony
• C. Any permanent resident
• D. Any temporary worker on a visa

Answer: (B)

The correct choice relates to the ability to process an individual for administrative removal under section 238(b) of the Immigration and Nationality Act (INA). This section allows for the expedited removal of certain individuals who are not lawful permanent residents (LPRs) and who have been convicted of specific crimes, including aggravated felonies.

An alien who is not an LPR and has a final conviction for an aggravated felony falls within the parameters outlined in section 238(b) for administrative removal. The expedited nature of this process is designed to address serious criminal behavior while facilitating a more efficient removal system.

The other options do not fit the criteria specified in section 238(b). For instance, individuals with pending asylum applications are typically protected from removal proceedings as their cases are still under review. Permanent residents, although they have certain rights, are not subject to this expedited process based solely on their LPR status. Lastly, temporary workers on a visa may face different forms of immigration enforcement, but not directly under section 238(b) for administrative removal due to aggravated felony convictions.