If the applicant is currently in exclusion, deportation, or removal proceedings, which entity has jurisdiction?

The entity that has jurisdiction over cases involving individuals currently in exclusion, deportation, or removal proceedings is the Executive Office for Immigration Review (EOIR). This office is part of the U.S. Department of Justice and is responsible for adjudicating immigration cases, including removal proceedings before immigration judges.

In these situations, when an applicant is in proceedings of this nature, the focus is specifically on the legal processes surrounding inadmissibility or removal from the United States, which fall under the purview of the immigration courts within EOIR. These judges make determinations about whether individuals may remain in the U.S. or whether they will be deported.

While USCIS handles various immigration applications and benefits, it does not have authority in matters already before an immigration judge. The Department of Homeland Security (DHS) does have a role in enforcement and initiating removal proceedings, but the jurisdiction for hearing those cases lies with EOIR. Federal courts may be involved in appeals from EOIR decisions, but they do not have original jurisdiction over these proceedings. Thus, EOIR is the correct answer as it specifically addresses the adjudication of such cases.