Yes. A stipulated judicial order of removal is a deportation sentence that is usually requested by the Assistant United States Attorney/federal prosecutor and entered at the time of sentencing against the alien defendant who is deportable. Unlike the stipulated removal order, the stipulated judicial order is not reviewed by the immigration judge, but is reviewed and granted by the Federal Judge.
Aliens who are removable under the INA and are defendants in federal criminal cases may be eligible for judicial removal. But federal prosecutors are not always quick to request for a judicial order of removal, since it is not always the most appropriate removal proceeding for all federal alien defendants.
For example:
For an alien defendant who has their status as crime victims in his/her home country, has an intermediate family ties in the United States, or has a substantial fear of being persecuted or tortured if they returned to his/her home country, then the stipulated judicial order of removal may not be appropriate for the alien defendant.
Can I appeal the stipulated judicial order of removal?
No. Specifically in INA § 238 (c ) (5), the alien defendant is required to explicitly waive the right to appeal from the order.
Hence, for a criminal defendant, immigration status plays a large role on what criminal procedures the New York City police officers and federal legal official will follow, and which sentencing procedures are appropriate for the case.
If you are investigated or charged for immigration fraud in New York, and are not a US citizen, then call our office at (212)577-6677 to receive professional legal advice.