[2][3][4][5] These individuals in removal proceedings include Americans by birth and legal immigrants that were naturalized under 8 U.S.C.
[18][19] Under 8 CFR 239.2, any officer mentioned in 8 CFR 239.1 may at any time, inter alia, cancel a "notice to appear" against any person who: (1) turns out to be a national of the United States; or (2) one that is not removable under the Immigration and Nationality Act (INA).
A forceful and illegal deportation from the United States entitles the victim to seek judicial relief.
The relief may include a declaratory judgment with an injunction issued against the Attorney General or the Secretary of Homeland Security requesting appropriate immigration benefits and/or damages under the Federal Tort Claims Act (FTCA) as well as under Bivens v. Six Unknown Named Agents.
[15][16] Up to one percent of all those detained in immigration detention centers are nationals of the United States according to research by Jacqueline Stevens, a professor of political science at Northwestern University.