Removal
The power of defendants in some state civil suits to move the case to federal court. Generally, if the case could have been brought in federal court (ie there is federal question jurisdiction or diversity jurisdiction) a defendant may demand that the case be moved, or "removed," to federal court. 28 USC 1441.
There are a few areas where, despite fitting in the above general rule, removal is not allowed. See 28 USC 1441(b), 28 USC 1445. In addition there are a few areas of law where removal is allowed even if the above condition is not met. See 28 USC 1442, 28 USC 1443
Definition from Nolo’s Plain-English Law Dictionary
1) The change of a legal case from one court to another, as from a state court to federal court or vice versa based on a motion by one of the parties stating that the other jurisdiction is more appropriate for the case. 2) An immigration legal proceeding, formerly known as "deportation," conducted before an immigration judge to decide whether or not an immigrant will be allowed to enter or remain in the United States. Generally speaking, a person who is already in the U.S. cannot be expelled without first going through a removal hearing, while someone arriving at the border or a port of entry can be removed without a hearing or ever seeing a judge (called "summary" or "expedited" removal). Those who are deported or removed are barred from returning to the United States for at least five years unless U.S. Citizenship and Immigration Services (USCIS) grants a special waiver.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:23 pm
