What is the first step in determining how to charge a noncitizen after being found subject to INA§240 removal proceedings?

The first step in determining how to charge a noncitizen after they have been found subject to INA §240 removal proceedings is to determine their most recent entry status. This status is critical because it provides essential context regarding the noncitizen's immigration history and helps in identifying the appropriate legal framework under which charges might be pursued.

Understanding the most recent entry status allows practitioners to assess whether the noncitizen may or may not have been legally admitted and to evaluate what, if any, forms of relief or defenses might be available to them. This forms the foundation for any further analysis of the case, influencing the selection of appropriate charges for the Notice to Appear (NTA) and shaping strategies related to the individual's defense. Thus, this step is paramount in accurately navigating the complexities of removal proceedings.

Evaluating the Record of Proceeding comes after determining the noncitizen's entry status, and assessing the times a noncitizen entered without admission is also secondary to establishing their most recent legal entry. Meanwhile, selecting appropriate charges for the NTA is contingent upon a thorough understanding of the noncitizen’s most recent entry status and overall immigration history.