What Is an Immigration Removal Proceeding? Termination can be a better option for individuals because the case is actually over. Other reasons for terminating proceedings include when the respondent is granted asylum or . A motion to terminate is when a respondent requests to end their removal proceedings. The first memo is the Mayorkas Memo, issued in September 2021, which enumerates three categories for how ICE prosecutors should prioritize cases: (A) Threat to National Security, (B) Threat to Public Safety and (C) Threat to Border Security. Here's what makes one eligible for adjustment of status during removal proceedings: Having been inspected/paroled and then admitted to the U.S.; so, if you entered the country without inspection, you are not going to be eligible. If not, the LPR should not be in removal proceedings and the advocate should move the immigration judge to terminate the removal proceedings. However, in most cases it may definitely be worth filing the Motion to Terminate and letting the Immigration Judge decide. 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. Receive daily immigrationnews, agency updates, advocacy alertsand information about our latest trainings and resources. 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. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. While youre waiting for adjudication from this court of appeals, DHS cant deport you. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. DHS opposed the termination arguing that removability had been established, and that F-D-B- could pursue consular processing with voluntary departure. One had a hearing date scheduled before the Immigration far in the future. 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. You can remain in the country legally, at least for the time being. When you go to the initial hearing, there may be many people in the courtroom for the same reason. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. 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 may lead to more non-priority cases being closed or terminated. They can also send it to your attorney or your last known address. Then, a master calendar hearing is held, followed by an individual hearing. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. En Espaol (202) 888-2115. . Con: Children do not accrue unlawful presence, and even once they turn 18, they will not accrue unlawful presence if they have submitted an asylum application. 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. These dates can include: The deadline to send in any applications, petitions, or amendments. 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. This decision, however, does not affect motions to terminate that are grounded in law. Your witnesses might talk about your good moral character as a way to support your stay in the country. 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. Illegal immigration primarily occurs at the U.S.'s southern border with . The motion to dismiss is stipulated in 8 CFR 1239.2(c). PD arms ICE prosecutors with the discretion to not pursue a case even if ICE has the authority to do so. When a person is placed in deportation proceedings, the individual will receive a Notice to Appear (NTA) before an Immigration Judge. In Matter of Coronado-Acevedo, 28 I&N Dec. 648 (A.G. 2022), Attorney General Merrick Garland confirmed that immigration judges did have the authority to terminate cases before them under certain circumstances. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. A motion to terminate proceedings will point out all the reasons the governments case is wrong. They are insisting on having persons wait to proceed in court rather than before USCIS. at 272, 293 . Immigrants with criminal convictions placed in removal proceedings are charged with one or more grounds of deportability or inadmissibility based on allegationsthat the immigrant has committed a category of offense that makes him deportable under the Immigration & Nationality Act (INA). The second and more important memo for childrens immigration advocates is the Doyle Memo, which clarifies that even if a respondent fits into one of the categories outlined in the Mayorkas Memo, there can still be mitigating factors that weigh in favor of declining enforcement against the respondent. See INA 240(c)(6)-(7), 8 U.S.C. 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 . What Is an Immigration Removal Proceeding? 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. Citizenship and Immigration Services (USCIS). The Board held that an Immigration Judge has the authority under 8 C.F.R. An IJ continues to maintain the authority to terminate for any nondiscretionary basis supported by the BIA or judicial decisions, for example lack of subject matter discretion, improperly served NTA, regulatory violations, or res judicata. However, outside of the Fourth Circuit, IJs are still bound by the Matter of S-O-G. Listen for your name to be called and go to the front of the courtroom. Send your application to one of the special mailing addresses . (b) [Reserved] (c) Motion to dismiss. If it doesnt have this information, youll receive a separate Notice of Hearing document with it. 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). If youre unhappy with the results of your individual hearing, you can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of receiving the order. Mailing Address: P.O. The AG issued a recent decision discussing the standard for granting continuances in this situation,Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018), and CLINIC will be issuing a forthcoming practice advisory on this topic. at 287 n.9 ("Because only the Attorney General may expand the authority of immigration judges or the Board, that regulation cannot be an independent source of authority for administrative closure."). So, once proceedings are terminated, then you can . Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. They can also send it to your attorney or your last known address. Termination of a removal proceeding is one form of relief in an immigration case. Copyright 2018. You dont need to worry about legal action to deport you anymore. 1240.15. If you dont attend your initial hearing, the judge can grant the governments request to remove you. Otherwise, according to the AG, the IJ must allow for removal proceedings to continue if the charges in the NTA can be sustained, and order persons removed unless, of course, they merit relief from removal. 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. 22. 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. Advocates may wish to refer to CLINICresourceson pursuing administrative closure postCastro-Tum. Advocates can still rely on the principles and arguments outlined in the memos, which can be helpful on an instructive basis. Id. What if I Have a Pending Petition With USCIS? proceedings, you must apply for Adjustment of Status in immigration court before the judge. Pro: Another reason to file for termination is if a client qualifies for an immigration benefit or relief outside of the court or is eligible for naturalization. This is a very important decision, because it dovetails with the overruling of a particularly limiting case, Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) [which prevented immigration judges from terminating immigration proceedings]. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). 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. Since 1996, he has also been an adjunct professor of Immigration Law at the University of Akron, School of Law, in Akron, Ohio, where he wrote and continues to use his own immigration textbook. If youre unhappy with the results of your individual hearing, you can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of receiving the order. Zoom- CILA Texas Social Work Working Group, Zoom: 2021 Texas Champions for Immigrant Youth Symposium, Zoom: Common Criminal Based Inadmissibility Grounds for SIJ in Texas, Zoom: Oct. 19th CILA/NILA Litigation Updates, Zoom: Working with Immigrant Families Involved in the State Child Welfare System. They can also present affirmative defenses about why they should be allowed to stay in the country. During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. Appeals. You become a legal permanent resident unless you commit . 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.. You can present this information to the immigration judge during your individual hearing. Executive Office for Immigration Review (EOIR). Then, the DHS lawyer will ask you questions. If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. DHS can also appeal the judges order within 30 days of it being issued. Attorney General Decision Restores Ability of Immigration Judges to Terminate Removal. The Department of Homeland Security (DHS) prosecutes, arrests, and detains respondents in deportation proceedings. 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. The NTA serves many functions like explaining why the government thinks the respondent may be deportableand gives notice to the respondent. 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. In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that. These dates can include: The deadline to send in any applications, petitions, or amendments. There are a few parts to an NTA. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. Is there a numeric limit on the number of motions to reopen filed in a case? Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. (d) Number Limits A party is permitted only one motion to reopen. 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. 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. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. The BIA affirmed, citing the regulations that allow DHS to seek dismissal if the NTA was improvidently issued or if DHS determines that continuation is no longer in the best interest of the government.See8 CFR 1239.2(c); 239.2(a)(6), (7). 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. 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