Which condition allows for administrative removal under INA 238?

The condition that allows for administrative removal under INA 238 includes various specific circumstances, one of which is being convicted of a felony and having completed appeals. Under immigration law, individuals who are convicted of certain crimes, particularly felonies, may face a higher risk of removal from the United States. Once the legal process concludes—including appeals, if applicable—the individual can be subject to removal proceedings because their criminal conviction establishes a basis for deportation or removal under the law.

Non-U.S. citizens with pending adjustment applications usually have more protections and may not be immediately removed while their application is pending. Arrival without a visa or permit typically results in an automatic removal process, known as expedited removal, which is distinct from administrative removal under INA 238. Similarly, the denial of an extension of stay request does not necessarily lead to administrative removal; instead, it could lead to unlawful presence issues or other proceedings. Therefore, the conviction of a felony that has gone through the appeals process is the circumstance that aligns with the provisions for administrative removal under INA 238.