when can an immigration judge terminate proceedings

Even if you cant be deported right now, you still need to finish the steps to officially receive your benefit and remain in the country legally. While termination and dismissal both have their benefits, they can also place respondents in uncertain situations, sometimes without access to relief or work permits. If you have a pending petition with USCIS, you may need to file an update showing that your removal proceeding was terminated so that the agency can move forward and process your petition. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. If you marry a US citizen after the commencement of removal proceedings you should seek the advice of an immigration attorney. It is likely that each Immigration Judge may take a different position in cases such as this and the outcome may not always be the same. Executive Office for Immigration Review (EOIR). People facing deportation can present arguments about why the government is wrong. Immigration removal proceedings can be complicated, but help is available. Later, according to the AGs opinion, DHS learned that Ms. S-O-G- had been previously ordered removedin absentia, and DHS moved to dismiss removal proceedings without prejudice. This may lead to more non-priority cases being closed or terminated. If the respondent wants to pursue dismissal, they can usually seek it after the NTA has been issued. The motion to dismiss is stipulated in 8 CFR 1239.2(c). DHS attorneys and private attorneys might even file joint motions to terminate a removal proceeding if an immigrant is applying for an immigration benefit. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. If you are eligible, you can file Form I-485, Adjustment of Status Application, even if you are in removal proceedings and the U.S. government is trying to deport you. At this hearing, the judge will review all the paperwork that you and DHS filed. Once you finish testifying, you can present your witnesses to the court. Again, make sure you attend every hearing. Your sponsoring family member will also need to submit information to USCIS proving they have enough income to support you so you wont need to rely on public benefits for at least five years after receiving your green card. Have immigration questions? Once the waiver was approved, the IJ re-calendared Ms. F-D-Bs case and then terminated removal proceedings without prejudice so she could consular process. The first hearing should be at least 10 days after the NTA. My lawyer sent the motion to terminate about 5 months ago, and she keeps saying shes checking with DHS with no answer. Under the Immigration and Nationality Act ("INA" or "Act"), parties to proceedings before EOIR may file a motion to reopen or reconsider certain decisions of immigration judges or the Board of Immigration Appeals ("BIA" or "Board"). We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. Such a situation may be crossing the border without actually going through the immigration process. Some people choose to make a list of defenses in advance and then read them to the judge during the hearing so they dont forget anything. Even if you cant be deported right now, you still need to finish the steps to officially receive your benefit and remain in the country legally. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. Benedicto v. Garland, 12 F.4th 1049, 1058 (9th Cir. Youll need to take an oath swearing that you will tell the truth. We hope you will join us. Motions to terminate can also include reasons why someone qualifies for a specific immigration benefit, an adjustment of status, or if they are eligible for naturalization. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. DHS opposed the termination arguing that removability had been established, and that F-D-B- could pursue consular processing with voluntary departure. Youll have the opportunity to make corrections and additions to this paperwork. Then, the DHS lawyer will ask you questions. In the event that ICE denies a Stay of Removal request, ICE will reach out to the investigating agency and provide notification that the petitioner is being removed. The decision laid out specific circumstances under which immigration judges can terminate deportation proceedings, including in cases where the government cannot prove its case for removal. His practice is limited to immigration and small business. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. Note: You may need to send some of your documents to USCIS and some to the judge. In Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022), a three-member panel on the board of immigration appeals (BIA) held, in a two - one decision, that indeed, alien respondents could claim that a Notice to Appear was deficient, as long as such claim was made prior to the conclusion of pleadings being taken before the immigration judge.. Citizenship and Immigration Services (USCIS) subsequently adjudicated but did not grant the respondent's application for asylum under section 208 of the Act; or the respondent was included in a spouse . They will look for holes in DHS case and explain any defenses you have to the judge. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). However, in most cases it may definitely be worth filing the Motion to Terminate and letting the Immigration Judge decide. For example, you may be at risk of deportation if youve been convicted of a crime. 20 b an immigration judge has the authority to change the venue in immigration proceedings if good cause is shown under the same regulation one of the parties must file a motion for a change of venue and the other party must be given the opportunity to respond , motions to reopen or Or call 1-866-347-2423 (in the U.S., Mexico, or Canada) or 1-802-872-6199 (from other countries). 10-1-19 Callers0:00 I sent I-130 petitions for my wife and children in Ethiopia back in 2017 when I was a permanent resident. In the first case, the Department of Homeland Security (DHS) had initiated removal proceedings against Ms. S-O-G- by filing a Notice to Appear (NTA). We have seen this, for example . You can do one of two things: 1). When a case is terminated, its removed from immigration court. The first hearing should be at least 10 days after the NTA. 1240.15. The BIA dismissed DHSs appeal and affirmed the IJs order. The question obviously arises as to how an immigration judge can find the following of DHS's own recommendation to be an abuse of the asylum process, or how such argument can be raised by attorneys employed by the exact ICE office that came up with the suggestion in the first place. A motion to terminate is when a respondent requests to end their removal proceedings. For example, In re Rosa Mejia-Andino upheld termination of proceedings because the parents of minor respondent under the age of 14 had not been served with the NTA even though they were living in the U.S. There are two ways to reverse this extremely prejudicial termination. If you leave the U.S. after the immigration judge issues the decision and before you file an appeal, then your departure from the U.S. will be considered a waiver of your appeal and the decision will become final. 1229a(c)(6)-(7); 8 CFR 1003.2, 1003.23. Coral Gables, Fl 33234. Unfortunately, OPLA does not seem to be applying the Doyle memo currently. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. They can do so by filing an affirmative request with OPLA following local guidelines. What if I Have a Pending Petition With USCIS? Next, the AG vacated the BIAs decision in Ms. F-D-B-s case, concluding that the IJ improperly terminated removal proceedings. They can also send it to your attorney or your last known address. The IJ granted DHSs motion, and Ms. S-O-G- appealed to the BIA. You can remain in the country legally, at least for the time being. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. Mailing Address: P.O. If an individual is a lawful permanent resident (LPR) and cancellation of removal is granted, the main consequence will be a reversion back to the same statu. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. See a complete guide to Enforcement and Removal Operations (ERO) from ICE and a 2016 report on . If your removal proceedings are terminated, so you're no longer in deportation proceedings in front of a judge. The IJ may schedule an evidentiary hearing, at which time the court will hear arguments about the motion to terminate, and, if it is denied, any defenses to removal that may be applicable, so it is important to be prepared for both outcomes. I got my I-130 approved by USCIS in January 2021 after an interview and received the notice a month after saying my I-485 is administratively closed due to the pending Proceedings. For example, you may tell the judge that you meet the eligibility requirements for a green card, and you want to apply for one. However, such a claim would not lead to termination of . A motion to terminate proceedings will point out all the reasons the government's case is wrong. We cultivate projects that support and defendvulnerable immigrant populations by: History has taught us that people who step up can make a difference. Not only does it state the legal reasons why U.S. immigration authorities believe you should be removed (deported) from the United States, but it also puts you on notice that you will be scheduled for immigration proceedings in court. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. (a) Prior to commencement of proceedings. Pro: For immigrants with criminal convictions who do not have a strong defense to removability, this motion can be strategically advantageous. The government can personally serve you this document by having someone hand you the paperwork. At this hearing, the judge will review all the paperwork that you and DHS filed. These clients would be able to apply for their green card before USCIS- in many cases the easiest and fastest way to do so. What Is an Immigration Removal Proceeding? Attorney General Jeff Sessions issued a decision last Tuesday under his review authority in Matter of S-O-G-and F-E-B-, in which he clarified the authority of immigration judges to terminate or dismiss removal proceedings. , 1058 ( 9th Cir, which includes proof of a judge,. A courts calendar but remains open indefinitely complicated, but help is available is stipulated in 8 1239.2. Being closed or terminated proceedings will point out all the reasons the government can personally serve you this document having... By having someone hand you the paperwork green when can an immigration judge terminate proceedings, youll need to with! Be crossing the border without actually going through the immigration judge decide removal. 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