CILA builds capacity for those working to advance the rights of children seeking protection through trainings, technical assistance, and collaboration. Then, the DHS lawyer will ask you questions. However, the decision also held that the IJ can terminate proceedings if it is expressly authorized by (1) 8 C.F.R. 1239.2(c) where DHS moves to dismiss a notice to appear. When you go to the initial hearing, there may be many people in the courtroom for the same reason. If you marry a US citizen after the commencement of removal proceedings you should seek the advice of an immigration attorney. If the judge decides theres no way for you to win your case, they can issue a removal order at this hearing. Attorney General Merrick Garland issued a recent decision that restored immigration judges' authority to terminate removal proceedings. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. They may also talk about persecution in your home country, as a way to support arguments why you shouldnt be deported. 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. The memo encourages immigration judges to send scheduling orders to the parties before a hearing, asking their positions on administrative closure. They can also present affirmative defenses about why they should be allowed to stay in the country. While termination and dismissal both have their benefits, they can also place respondents in uncertain situations, sometimes without access to relief or work permits. As always, this type of legal interpretation requires the services of a qualified and competent professional to steer the alien through this minefield of case law, statute, and regulation. Citizenship and Immigration Services (USCIS),Matter of S-O-G- & F-D-B-will make it harder for IJs to terminate proceedings unless DHS seeks dismissal under the regulations. Note that in some contexts, such as situations where the respondent is eligible for U or T nonimmigrant status, DHS regulations expressly contemplate joint motions to terminate without prejudice to allow for USCIS adjudication of the application. For childrens immigration advocates, it is imperative to review the NTA for procedural defects and to review the case to see if one can move to suppress alienage and thus terminate proceedings. Benedicto v. Garland, 12 F.4th 1049, 1058 (9th Cir. 1003.23(b)(1).11. (3) An immigration judge's general . The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. This regulation allows for the government counsel to seek dismissal of the case based on grounds set out in 8 CFR 239.2(a). Defendants in immigration proceedings are called respondents (you). You dont need to worry about legal action to deport you anymore. My lawyer sent the motion to terminate about 5 months ago, and she keeps saying shes checking with DHS with no answer. Third, the NTA will list the charges against you and explain what laws they think youve violated. L. 105-100, removal proceedings shall be deemed terminated as of the date of approval of the application for adjustment of status by the director); 1245.15(q) (providing that, in HRIFA adjustment context, administratively closed removal proceedings shall be deemed terminated as of the date of approval of the application for adjustment of status by the director); 1240.70(f) (providing that removal proceedings shall be terminated as a matter of law on the date [asylum or suspension of deportation] is granted by an asylum officer in matters involving certain ABC class members). Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. People facing deportation can present arguments about why the government is wrong. Again, make sure you attend every hearing. Immigration hearings are held in front of a judge at the Executive Office for Immigration Review (EOIR). You can hire a private lawyer to represent you at this hearing. For example, on June 21, 2018, the U.S. Supreme Court, in an 8-1 decision, held that the stop-time provision of the cancellation of removal physical presence eligibility requirement is not triggered by service of a document styled as a notice to appear (NTA . 2021) ; Grigoryan, 959 F.3d at 1239 ; Liu v. Holder I filed my I-130 and I-485 the same year. The judge will explain their reasons for issuing this order. Listen for your name to be called and go to the front of the courtroom. The Department of Homeland Security (DHS) prosecutes, arrests, and detains respondents in deportation proceedings. There are three main parts to an immigration removal hearing: An initial hearing, which is sometimes called the master calendar hearing (MCH). Deportation is not an automatic process. At this hearing, the judge will review all the paperwork that you and DHS filed. Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. 5. What Is an Immigrant Visa Number and How Can I Get One? There are three main parties involved in removal (deportation) proceedings: respondents, the Department of Homeland Security (DHS), and an immigration judge (IJ). Most of the time, the judge will issue their decision while youre in court for your individual hearing. If the parties agree to administrative closure ahead of time, the judge can then order the case administratively closed without the parties having to appear in court for the hearing. Removal proceedings are hearings held before an immigration judge (IJ) to determine whether an individual may remain in the United States. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. 23. CILA serves nonprofit, pro bono, and private sector legal advocates who work with children in immigration-related proceedings. However, because you are already in removal proceedings, you cannot file an I-485 concurrently with your I-360 because jurisdiction relating to the I-485 is now with the IJ. Immigration Judge Review When a foreign national applies for adjustment of status during removal proceedings, the immigration judge receives and makes a decision on Form I-485 , instead of USCIS. These dates can include: The deadline to send in any applications, petitions, or amendments. Is there a numeric limit on the number of motions to reopen filed in a case? Termination of removal proceedings arguably breached your Due Process by depriving you of review of the I-751 denial on merits by an Immigration Judge. While working with a removal and deportation defense attorney in Chicago, we will review your status and find the best way to confront removal proceedings that will benefit you. However, B. R. v. Garlandheld that this improper service can be cured if DHS later perfects service before substantive removal proceedings begin. A denial of prosecutorial discretion could result in removal proceedings against you. The government must then prove the grounds for removal. You can remain in the country legally, at least for the time being. You will either say that you agree with these charges or that you deny them. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. Through our work, we hope to ensure more immigrant youth are represented and to provide the resources and expertise needed to support those who endeavor to represent them. If this happens, the judge will schedule another hearing that will focus on the merits of your case. 239.2(a)(7) (2018) to dismiss removal proceedings upon finding that it is an abuse of the asylum process for an alien to file a meritless asylum application with the United States Citizenship and Immigration Services (USCIS) for the sole purpose of pursuing cancellation . 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. See, e.g., 8 CFR 1216.4(a)(6) (allowing termination on joint motion after conditional lawful permanent resident status is approved); 1235.5(b)(5)(iv) (allowing for termination for LPRs, asylees, and refugees in expedited removal proceedings whose status has not been terminated); 1245.13(l) (directing that, in cases of Nicaraguans and Cubans applying for adjustment under section 202 of Pub. Remember, Adjustment of Status cases can be complicated, especially while you are detained. Website by The Marketer Attorney a division of Design106Creative Studio. We hope you will join us. 1240.17. Finality of order. Write down any dates the judge gives you. 8 C.F.R. Pro: If your client is eligible for an alternative form of relief, a dismissal will be favorable for the client as it will end the clients removal proceeding and give them time to focus on the alternative relief. DHS attorneys have the option to reopen closed cases down the road. At this time, ICE is not relying upon or applying this memorandum. As early as last year, the Immigration Court in Portland, Oregon was willing to grant a motion to dismiss for respondents who received an approval notice for form I-130 based on marriage to a U.S. citizen. What Is an Immigration Removal Proceeding? Immigration removal proceedings can be complicated, but help is available. These post-order instructions describe the steps you should follow to obtain documentation of your . If you dont, the judge can issue an order for your removal. Advocates can still reach out to DHS to request that DHS file an unopposed motion to dismiss proceedings under 8 CFR 1292.2(c) where it is beneficial to the client to do so. What Does It Mean When an Immigration Case Is Terminated? By Andrew R. Arthur on September 23, 2018. The NTA serves many functions like explaining why the government thinks the respondent may be deportableand gives notice to the respondent. If DHS can prove the facts are true, they will argue that these laws mean the immigration judge should remove you. at 272. Do You Need To Provide Tax Returns To File for Naturalization? In light of the Gonzalezdecision, IJs located within the Fourth Circuit now have authority to terminate removal proceedings of noncitizens whenever they deem it appropriate. Therefore, it is important to evaluate the possibilities of pursuing either motion or continuing with the removal proceeding and assess the best route for your client. If you can, find documents that show that DHS facts were wrong. In that case, the AG concluded that the IJ and BIA had applied the appropriate regulatory standard for dismissal under 8 CFR 239.2(a), 1239.2(c), which allows DHS to move for dismissal in certain specified circumstances including where DHS determines that the NTA was improvidently issued or that it is not in the governments best interest to continue with the removal proceedings. Put the hearing date on your calendar, and make sure you attend it. If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. 22. This motion is largely permitted through prosecutorial discretion (PD) and most cases for unaccompanied children will fall under prongs six or seven. Removal proceedings commence when a U.S. immigration official files a Notice to Appear (NTA) that includes the charges and allegations against the individual, known in removal proceedings as the respondent. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. The court reviews de novo claims of due process violations. What Happens if My Removal Proceedings Are Terminated? proceedings, you must apply for Adjustment of Status in immigration court before the judge. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. Although this paperwork can seem daunting, its important to complete your application or petition. When you go to the initial hearing, there may be many people in the courtroom for the same reason. If the respondent wants to pursue dismissal, they can usually seek it after the NTA has been issued. On Sept. 18, 2018, Attorney General (AG) Jefferson Sessions, in two cases he referred to himself, held that immigration judges (IJs) may dismiss or terminate removal proceedings only where the regulations expressly allow or if the charges of removability against a respondent have not been sustained. After everyone has finished testifying, the DHS attorney and your attorney will make statements of law about why you should, or shouldnt, be removed from the U.S. If your removal proceedings are terminated, you can breathe a sigh of relief. Then, a master calendar hearing is held, followed by an individual hearing. Filing a Motion To Terminate Removal Proceedings. At Dominguez Law Firm, PLLC we pride ourselves in providing honest and clear immigration advice and are happy to help if you find yourself in a situation similar to this or need help with any other immigration matter. Do not ignore this document. This article explains each step of the proceeding process in detail, including when, how, and why a judge may . The NTA is important. Motions to terminate are an increasingly essential litigation tool for immigration attorneys representing immigrants in immigration court. In reaching this conclusion, the Court focused on 8 CFR 1003.10(b) and 8 CFR 1003.1(d)(1)(ii), which give IJs and the BIA the power to take any action that is appropriate and necessary to dispose of a case. 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. Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. If this happens, the judge will schedule another hearing that will focus on the merits of your case. Finally, theS-O-G- & F-D-B-decision involved cases where the respondents had conceded removability, and the AG recognized that IJs have authority to terminate removal proceedings when the charges of removability have not been sustained. Removal proceedings are hearings held before an immigration judge (IJ) to determine whether an individual may remain in the United States. Moreover, termination of a case may leave individuals with no authorization to remain in the U.S. if alternative relief is not available outside of court. Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. It wont hang over your head indefinitely. An example of this is where criminal convictions do not support grounds for inadmissibility or deportability. You can file an I-360 with the Vermont Service Center and file the VAWA Cancellation with the Immigration Judge at the same time. You can file this motion as soon as you receive an NTA or at a later point in your case. People facing deportation can present arguments about why the government is wrong. In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that. The judge can also decide to keep your case going. 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. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. Although this paperwork can seem daunting, its important to complete your application or petition. This process might seem unusual, but in some situations, you may be eligible to adjust your immigration status with U.S. Board Affirms That Unlawful Presence Bars Continue To Run While Noncitizen Is in the United States. These clients will now be able to reopen their already pending applications before USCIS and get their green card in all likelihood much faster than if they would have remained before the Immigration Judge. They can do so by filing an affirmative request with OPLA following local guidelines. This is called granting their motion in absentia. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. 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