Removal proceedings begin with an initial hearing, known as a master calendar hearing. The NTA is important. 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. Termination can be a better option for individuals because the case is actually over. Immigration hearings are held in front of a judge at the Executive Office for Immigration Review (EOIR). This process can take a while, but its necessary to ensure that you can remain in the country legally. See8 CFR 1239.2(c); 1239.2(f) (allowing IJs to terminate proceedings where naturalization proceedings are pending and where there are humanitarian factors present). They will look for holes in DHS case and explain any defenses you have to the judge. 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. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. Then, a master calendar hearing is held, followed by an individual hearing. I filed my I-130 and I-485 the same year. If you dont go to the hearing, the judge can grant DHS request to deport you without hearing your side of the case. Your witnesses might talk about your good moral character as a way to support your stay in the country. 1239.2(c) where DHS moves to dismiss a notice to appear. The immigration judge may also have some questions for you. While Attorney General Garland had already overruled Matter of Castro-Tum in 2021, and thereby allowed immigration judges to administratively close proceedings, other than in circuits where it was not permitted, or limited by law (for example, the Sixth Circuit), in Matter of Coronado-Acevedo, Attorney General Garland also overruled the boards prior decision in Matter of S-O-G- and Matter of F-D-B-, and declared that immigration judges did have the authority to terminate or dismiss removal proceedings. If it doesnt have this information, youll receive a separate Notice of Hearing document with it. Immigration court proceedings have typically been terminated when the government could not adequately demonstrate that a noncitizen was removable as charged, or to allow them to apply for immigration benefits from U.S. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. First, it will list your name, date of birth, A-Number, and contact information. However, B. R. v. Garlandheld that this improper service can be cured if DHS later perfects service before substantive removal proceedings begin. Our number is: (330) 384-8000. In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that. A motion to dismiss is when the government representative declines to pursue charges against an individual in removal proceedings. Send your application to one of the special mailing addresses . 1240.16. Interested in learning more about affiliation? At a master calendar hearing, the respondent must admit or deny the charges brought against them. system. 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. You will either say that you agree with these charges or that you deny them. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. 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. 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. 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. It wont hang over your head indefinitely. DHS can also appeal the judges order within 30 days of it being issued. (a) Prior to commencement of proceedings. This process typically begins when someone receives a Notice to Appear. 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. Your witnesses might talk about your good moral character as a way to support your stay in the country. 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. For example, you may be at risk of deportation if youve been convicted of a crime. There are two ways to reverse this extremely prejudicial termination. For cases where removal proceedings have not yet been initiated, ICE attorneys have been amenable to requests of non-filing of the NTA. While termination and dismissal both have their benefits, they can also place respondents in uncertain situations, sometimes without access to relief or work permits. The Department of Homeland Security (DHS) announced a new initiative where it will affirmatively (on its own) move to dismiss certain cases currently in deportation/removal proceedings, so the person can, instead, apply for their green card with U.S. While administrative closure was an alternative in the past, particularly in cases where the client was pursuing relief with USCIS, the AGs decision inMatter of Castro-Tumprohibits IJs from administratively closing cases in most situations. Then, the DHS lawyer will ask you questions. Put the hearing date on your calendar, and make sure you attend it. The AG reasoned that neither the IJ nor the BIA cited a legal basis for the termination and instead terminated merely due to sympathetic factors. Through (C), OPLA delineated that if a person entered the U.S. unlawfully, they were to become a border priority. We have seen this, for example . You can present this information to the immigration judge during your individual hearing. This section applies in cases referred to the immigration court under 8 CFR 208.14(c)(1) where the respondent has been found to have a credible fear of persecution or torture, and U.S. 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. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. If the respondent wants to pursue dismissal, they can usually seek it after the NTA has been issued. PD arms ICE prosecutors with the discretion to not pursue a case even if ICE has the authority to do so. 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. Write down any dates the judge gives you. DHS attorneys and private attorneys might even file joint motions to terminate a removal proceeding if an immigrant is applying for an immigration benefit. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. One had a hearing date scheduled before the Immigration far in the future. In the U.S., the government may begin the removal process also known as deportation if someone doesnt have valid immigration status or if theyve done something to change their valid immigration status. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. Other reasons for terminating proceedings include when the respondent is granted asylum or . During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. If you can, find documents that show that DHS facts were wrong. However, both clients were in proceedings before an Immigration Judge. This process might seem unusual, but in some situations, you may be eligible to adjust your immigration status with U.S. Unlawful Presence, Removal Proceedings, Ground of Inadmissibility and Deportability, BIA Clarifies Continuous Physical Presence Requirement for Cancellation of Removal. delay, dismiss, or terminate proceedings where . providing direct representation for asylum seekers at the U.S.-Mexico borderand educatingthem about their rights; increasing legal representation for those in removal proceedings and in detention; providing public education on immigration law and policies; and. This is called an affidavit of support. The judge will read DHS charges against you that were in the NTA. Under new Biden administration guidelines, DHS attorneys are encouraged to exercise prosecutorial discretion by focusing on high-priority cases and end the backlog of pending immigration cases. Apply with the . These motions provide an opportunity to highlight mistakes in the governments documentation or handling of the case in the hopes of bringing about a favorable judgement for the respondent. The AG agreed that either of these bases was a sufficient reason for dismissal, because Ms. S-O-G- was already subject to a removal order. The government must prove its case. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. Such a situation may be crossing the border without actually going through the immigration process. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). (2) Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see8 C.F.R. 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 DHS can also appeal the judges order within 30 days of it being issued. A motion to terminate is when a respondent requests to end their removal proceedings. If you decide to seek asylum with USCIS after your immigration court case is dismissed, you should submit an asylum application (Form I-589) to 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. Given this, practitioners should not cite to the memos and any requests for and grants of PD will be predicated on the long-standing common-law history of its prior use. 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. For advocates with clients in removal proceedings who have pending applications or petitions before U.S. This includes any facts that DHS got wrong, if it used a wrong interpretation of immigration law, or if DHSs legal charges arent serious enough for someone to be deported from the country. The Department of Homeland Security (DHS) prosecutes, arrests, and detains respondents in deportation proceedings. 5. The government must prove its case. Once you finish testifying, you can present your witnesses to the court. Talk to an experienced immigration attorney with our. There are times when a person finds themselves in removal proceedings before an Immigration Judge but may not need to be. You might also need to apply for a work permit if you dont have one already. When can an immigration judge terminate proceedings? Being ordered deported means that either an immigration judge or an immigration officer has determined that you are not permitted to remain in the United States and ordered your departure. If your removal proceedings are terminated, you can breathe a sigh of relief. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. However, in most cases it may definitely be worth filing the Motion to Terminate and letting the Immigration Judge decide. Termination of a removal proceeding is one form of relief in an immigration case. An individual hearing may take up to four hours. Mailing Address: P.O. 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. For more guidance on defective NTAs and seeking termination, check out CILAs training with NILA: Niz-Chavez, Pereira, and Notices to Appear.. Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. 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. Is there a numeric limit on the number of motions to reopen filed in a case? 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