An immigration attorney who files a motion to terminate will normally deny the governments charges at the initial master calendar hearing and inform the IJ that they plan to file a motion to terminate. The NTA serves many functions like explaining why the government thinks the respondent may be deportableand gives notice to the respondent. This would allow the respondent to be able to file an I-485 application directly with USCIS . 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. 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. 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. Immigration removal proceedings can be complicated, but help is available. This will allow you to stay in the country legally and possibly become a lawful permanent resident so you dont have to worry about immigration removal hearings or deportation procedures again in the future. Immigration judges will be able to end or dismiss removal proceedings in their courts after the decision of the United States Attorney General, Merrick Garland, who on Thursday restored to them the power to decide some cases that, otherwise, would have spent years stuck in court. 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. InGonzalez v. Garland, the U.S. Court of Appeals for the Fourth Circuit in 2021 abrogated a 2018 decision inMatter of S-O-G- & F-D-B- which was issued by the Attorney General (AG) and restricted an IJs authority to terminate removal proceedings. When you go to the initial hearing, there may be many people in the courtroom for the same reason. Then, a master calendar hearing is held, followed by an individual hearing. When can an immigration judge terminate proceedings? 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. 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. Pro: If your client has a weak case for relief from removal, they can avoid future hearings and a likely order of removal. 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. Citizenship and Immigration Services (USCIS). They are insisting on having persons wait to proceed in court rather than before USCIS. Do not ignore this document. That such an unexceptional order is necessary demonstrates significant issues . Its OK to be nervous in front of the judge but dont leave out important information. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. 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. In the alternative, the judge may require . Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. 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. The IJ granted DHSs motion, and Ms. S-O-G- appealed to the BIA. 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. Filing a Motion To Terminate Removal Proceedings. In Coronado-Acevedo, Attorney General Garland reversed the Boards decision in Matter of S-O-G- and F-D-B-, 27 I&N Dec. 462 (A.G. 2018), which expressly stated that immigration judges did not have the authority to terminate or dismiss removal proceedings. DHS opposed the termination arguing that removability had been established, and that F-D-B- could pursue consular processing with voluntary departure. (b) [Reserved] (c) Motion to dismiss. 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 . Although this paperwork can seem daunting, its important to complete your application or petition. Your witnesses might talk about your good moral character as a way to support your stay in the country. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. For provisions relating to the authority of an immigration officer to cancel a notice to appear prior to the vesting of jurisdiction with the immigration judge, see 8 CFR 239.2(a) and (b). The immigration judge may also have some questions for you. 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. 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. If your removal proceedings are terminated, you can breathe a sigh of relief. Contact a member of our team today at 312.444.1940. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. You can file this motion as soon as you receive an NTA or at a later point in your case. 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. A private pilot, it is Farhads goal to fly to each of Ohios 88 county airports. Then, a master calendar hearing is held, followed by an individual hearing. Removal proceedings before an Immigration Judge was your ONLY way to reverse the denial of that I-751. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. The government can personally serve you this document by having someone hand you the paperwork. 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. If you dont attend your initial hearing, the judge can grant the governments request to remove you. During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. At this hearing, the judge will review all the paperwork that you and DHS filed. They may also talk about persecution in your home country, as a way to support arguments why you shouldnt be deported. 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. Terms of Use | Code of Conduct | Privacy Policy | Your California Privacy Rights | Copyright & IP Policy | Advertising & Sponsorship, Additional Resources (Password-Protected). The AG referred to himself two cases that the BIA had already decided, regarding Ms. S-O-G- and Ms. F-D-B-. 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. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. The judge will read DHS charges against you that were in the NTA. If your removal proceedings are terminated, you can breathe a sigh of relief. Advocates may wish to refer to CLINICresourceson pursuing administrative closure postCastro-Tum. However, the decision also held that the IJ can terminate proceedings if it is expressly authorized by (1) 8 C.F.R. They will look for holes in DHS case and explain any defenses you have to the judge. Every child deserves representation.Get involved. 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). 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. A motion to terminate may be filed at any point during a removal proceeding, but it is recommended that it be filed before the respondent has pled to the allegations in the NTA. If you are eligible, our free web app will walk you through the immigration process and help you prepare and file your application with the U.S. government. 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. At that point, the immigration court has not yet sustained the governments charge and the government bears the burden of proving its charge by the high standard of clear and convincing evidence. (8 CFR 1240.8(a)). Then, a master calendar hearing is held, followed by an individual hearing. 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. 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. 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. The judge can also decide to keep your case going. DHS attorneys have the option to reopen closed cases down the road. To report a person you think may be in the U.S. illegally, use the Homeland Security Investigations online tip form. Do You Need To Provide Tax Returns To File for Naturalization? 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. Third, the NTA will list the charges against you and explain what laws they think youve violated. This motion is largely permitted through prosecutorial discretion (PD) and most cases for unaccompanied children will fall under prongs six or seven. While youre waiting for adjudication from this court of appeals, DHS cant deport you. 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. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. There may be incorrect facts or dates listed. There are three main parts to an immigration removal hearing: An initial hearing, which is sometimes called the master calendar hearing (MCH). 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. Ms. S-O-G- conceded removability and indicated that she intended to apply for immigration relief. Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. This is called granting their motion in absentia. This article explains each step of the proceeding process in detail, including when, how, and why a judge may terminate a removal proceeding. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. For more, call today. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. You can hire a private lawyer to represent you at this hearing. 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. We will try to answer as many questions as possible. Listen for your name to be called and go to the front of the courtroom. 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. After Ms. F-D-B-s family based petition was approved, the IJ administratively closed her case so that she could apply for a provisional waiver, which was also approved. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. 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. 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. 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. 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. The first hearing should be at least 10 days after the NTA. 2021) ; Grigoryan, 959 F.3d at 1239 ; Liu v. Holder The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. You can present this information to the immigration judge during your individual hearing. Do not skip this hearing. Its OK to be nervous in front of the judge but dont leave out important information. A motion to terminate is when a respondent requests to end their removal proceedings. The memo encourages immigration judges to send scheduling orders to the parties before a hearing, asking their positions on administrative closure. CILA serves nonprofit, pro bono, and private sector legal advocates who work with children in immigration-related proceedings. Deferred Action for Childhood Arrivals (DACA), Attorney General rules that immigration judges have authority to terminate cases, New BIA decision cracks door open to termination of pending cases. Citizenship and Immigration Services (USCIS). 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. 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. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. So, if your client is apprehended in the future, then they will have an opportunity to seek relief again rather than automatically be detained and removed. An individual hearing may take up to four hours. CILA builds capacity for those working to advance the rights of children seeking protection through trainings, technical assistance, and collaboration. So, once proceedings are terminated, then you can . The NTA is important. However, I submitted Motions to Terminate before two different Immigration Judges for these clients. 23. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. If this happens, the judge will schedule another hearing that will focus on the merits of your case. Another option that remains available is seeking continuances from the IJ in order to pursue relief with USCIS. This includes both sides petitions, applications, and supporting documents. If you marry a US citizen after the commencement of removal proceedings you should seek the advice of an immigration attorney. What if I Have a Pending Petition With USCIS? Youll probably walk out of the court with a final order in your hand. Adjustment of status is a procedure that permits an admissible foreign national to obtain lawful permanent residence (i.e., a green card) without leaving the United States. 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. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. What if I Have a Pending Petition With USCIS? They should ask for a briefing schedule and the IJ will usually then set dates for the motion and any opposition to be filed. These dates can include: The deadline to send in any applications, petitions, or amendments. We hope you will join us. What Is an Immigration Removal Proceeding? 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. 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. The Board of Immigration Appeals has held that the three- and ten-year unlawful presence bars under INA 212(a)(9)(B)(i) continue to run while a noncitizen is in the United States. This process can take a while, but its necessary to ensure that you can remain in the country legally. If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. 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. Tell the judge if any of the facts in the NTA are incorrect. However, unlike in criminal court, the government doesnt give people facing immigration removal proceedings a free lawyer. An individual hearing may take up to four hours. 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. CILA began operations in Houston, Texas in late 2015. Box 347377 If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. America's foreign-born population set a new record at 44.8 million people in 2018, according to Pew Research Center. Filing a Motion To Terminate Removal Proceedings. When a case is terminated, its removed from immigration court. For example, you may be at risk of deportation if youve been convicted of a crime. The proper counsel will evaluate your case and can file a Motion to Terminate if appropriate. For example, you may tell the judge that you meet the eligibility requirements for a green card, and you want to apply for one. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. Fourth, this document might list a date and time for your first hearing. Follow these general instructions. An initial hearing is sometimes called a master calendar hearing (MCH). An immigration judge may terminate proceedings for a number of reasons. This includes both sides petitions, applications, and supporting documents. Termination of proceedings is different from administrative closure. Responses to motions to reopen are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the immigration judge. 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. (3) An immigration judge's general . Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. Next, the AG vacated the BIAs decision in Ms. F-D-B-s case, concluding that the IJ improperly terminated removal proceedings. Have immigration questions? Attorney General Merrick Garland has restored the ability of immigration judges to terminate removal proceedings in certain limited circumstances. If the Immigration Judge grants your application, you will be given the Post-Order Instructions for Individuals Granted Relief or Protection from Removal by Immigration Court (PDF, 235.78 KB) at the conclusion of the removal proceedings. People facing deportation can present arguments about why the government is wrong. Again, make sure you attend every hearing. Such a situation may be crossing the border without actually going through the immigration process. Category: Immigration To The USA, Other. (d) Number Limits A party is permitted only one motion to reopen. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. delay, dismiss, or terminate proceedings where . Citizenship and Immigration Services (USCIS) instead of an immigration judge. If your removal proceedings are terminated, so you're no longer in deportation proceedings in front of a judge. Youll need to take an oath swearing that you will tell the truth. 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. At her subsequent hearing before the IJ, Ms. F-D-B- conceded removability and indicated that she was a beneficiary of an I-130 family-based petition. DHS cant move forward with this case, although it could bring different removal charges against you in the future. Apply with the . 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 dont go to the hearing, the judge can grant DHS request to deport you without hearing your side of the case. The government must prove its case. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. Stories|Press Releases|Financials| Annual Reports, 2023 Catholic Legal Immigration Network, Inc. | Privacy Policy, Attorney General restricts immigration judges and BIAs power to dismiss or terminate removal proceedings, Ground of Inadmissibility and Deportability. Advocates may also wish to make arguments in appropriate cases that termination is required by statute or the Constitution, such as egregious 4thAmendment violations, rather than conceding that IJs sole authority to terminate arises where it is expressly stated in a DOJ regulation. This article explains each step of the proceeding process in detail, including when, how, and why a judge may terminate a removal proceeding. My lawyer sent the motion to terminate about 5 months ago, and she keeps saying shes checking with DHS with no answer. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). Paul Wickham Schmidt's Blog: U.S. Immigration Judge Lee O'Connor Exposes Massive DHS Illegality & Fraud in Implementation of So-Called Migrant Protection Protocols ("Let 'em die in Mexico") - October 25, 2019 Once you finish testifying, you can present your witnesses to the court. 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. A positive result could end up saving time and stress for a person that finds themselves in this situation. 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