Administrative removal proceedings under INA§238(b) apply to which type of noncitizens?

The correct answer is that administrative removal proceedings under INA§238(b) apply specifically to a conditional permanent resident convicted of an aggravated felony. This provision allows for streamlined removal processes for certain noncitizens who have been convicted of serious crimes, specifically aggravated felonies, who have conditional permanent resident status.

This mechanism is specifically designed to swiftly remove individuals who pose significant concerns due to their criminal convictions, while also acknowledging their existing ties to the United States through their status. Such proceedings differ from other forms of removal because they do not require full hearings in immigration courts, thereby expediting the removal process in clear cases of criminal activity.

In contrast, a noncitizen illegally reentering the U.S. is subject to different legal provisions concerning their status. An arriving alien inadmissible under INA§212(a)(6)(C) pertains to individuals with specific inadmissibility grounds related to misrepresentation or fraud, which is handled under separate rules. Lastly, a student visa holder overstaying their visa does not automatically lead to administrative removal proceedings as they might have different legal considerations and avenues for relief. Therefore, the situation of the conditional permanent resident convicted of an aggravated felony is uniquely aligned with the provisions under INA§238(b).