Tell the judge if any of the facts in the NTA are incorrect. When a case is terminated, its removed from immigration court. Individuals facing deportation may challenge the governments charging document or the NTA using motions to terminate or dismiss, motions to suppress, motions to reopen, and motions to reconsider. delay, dismiss, or terminate proceedings where . Interested in learning more about affiliation? 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 . 8 C.F.R. 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. Send your application to one of the special mailing addresses . The BIA dismissed DHSs appeal and affirmed the IJs order. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. Over the past few months I have been contacted by two separate clients who had a petition from a family member or employer approved. 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). Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. 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. Unrestricted Liberty to Make Arbitrary Decisions? There are times when a person finds themselves in removal proceedings before an Immigration Judge but may not need to be. removal proceedings that are filed by DHS with the immigration court are not limited in time. This is called granting their motion in absentia. 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]. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Con: A disadvantage is that once the client agrees to the dismissal, then they forfeit their right to pursue asylum before the court, which will also mean that they cannot apply or qualify for a work permit or other benefits of the pending application. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. When a person is placed in deportation proceedings, the individual will receive a Notice to Appear (NTA) before an Immigration Judge. Another option that remains available is seeking continuances from the IJ in order to pursue relief with USCIS. 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. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. The memo encourages immigration judges to send scheduling orders to the parties before a hearing, asking their positions on administrative closure. It is highly advisable that any alien who thinks or considers themselves to be in this situation consult a qualified immigration attorney for detailed analysis based along the lines set forth above. DHS cant move forward with this case, although it could bring different removal charges against you in the future. When a respondent does not concede removability and instead denies the allegations and charges, termination is appropriate if DHS cannot meet its burden. With offices in Cuyahoga Falls, Akron and New Philadelphia, Ohio, Attorney Sethna represents clients in all types of immigration cases before federal agencies and the immigration courts nationwide. If our app isnt a good fit or you just have immigration questions you need answered, you can speak with an independent attorney for just $24/month through our Ask an Attorney program. What Does It Mean When an Immigration Case Is Terminated? What Happens if My Removal Proceedings Are Terminated? Attorney General Decision Restores Ability of Immigration Judges to Terminate Removal. 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. Citizenship and Immigration Services in June 2022 and determined that a noncitizen inadmissible for a specified time due to unlawful presence and a subsequent departure is not required to reside outside the United States to overcome this ground of inadmissibility. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. 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. One had a hearing date scheduled before the Immigration far in the future. Once you finish testifying, you can present your witnesses to the court. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. Unfortunately, on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a final judgment vacating the Mayorkas Memo. You can present this information to the immigration judge during your individual hearing. Website by The Marketer Attorney a division of Design106Creative Studio. The NTA should provide the date, time, and place of the initial hearing. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. You might also need to apply for a work permit if you dont have one already. 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. There are two ways to reverse this extremely prejudicial termination. This process typically begins when someone receives a Notice to Appear. Then, the DHS lawyer will ask you questions. 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). If you dont go to the hearing, the judge can grant DHS request to deport you without hearing your side of the case. There may be incorrect facts or dates listed. Once you finish testifying, you can present your witnesses to the court. This is called an affidavit of support. 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. Second, it will list facts explaining why the Department of Homeland Security (DHS) wants to deport you. Ms. S-O-G- conceded removability and indicated that she intended to apply for immigration relief. See, e.g., 8 CFR 214.11(d)(1)(i), 214.14(c)(1)(i), (f)(2)(i). 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. 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. See subsection (e), below. Be sure to carefully follow them. These grounds are where the respondent: (1) is a national of the U.S.; (2) is not deportable or inadmissible; (3) is deceased; (4) is not in the U.S.; (5) failed to file a timely petitionbut the failure was excused; (6) the NTA was improvidently issued; or (7) circumstances in the case have changed. A motion to terminate proceedings will point out all the reasons the governments case is wrong. Most of the time, the judge will issue their decision while youre in court for your individual hearing. 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. The clients were unable to move forward due to their pending cases before the Immigration Judge. The government must then prove the grounds for removal. 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. 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 hire a private lawyer to represent you at this hearing. How do I cancel my deportation? Being placed in deportation proceedings means that the government is starting a process that could end in an order of removal. at 272, 293 . Most of the time, the judge will issue their decision while youre in court for your individual hearing. 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). You can file this motion as soon as you receive an NTA or at a later point in your case. Questions and inquiries can be sent to [email protected]. A motion to terminate proceedings will point out all the reasons the government's case is wrong. 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 If you can, find documents that show that DHS facts were wrong. In the alternative, the judge may require . 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. Fourth, this document might list a date and time for your first hearing. The judge will read DHS charges against you that were in the NTA. CILA serves nonprofit, pro bono, and private sector legal advocates who work with children in immigration-related proceedings. They can also send it to your attorney or your last known address. Do not skip this hearing. 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. (3) An immigration judge's general . 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. The NTA serves many functions like explaining why the government thinks the respondent may be deportableand gives notice to the respondent. For advocates with clients in removal proceedings who have pending applications or petitions before U.S. If you receive the immigration judge's decision by mail, you have 30 days from the date of the decision to appeal it. You can hire a private lawyer to represent you at this hearing. Finally, the NTA will tell you your rights for the hearing. If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. For example, this motion may explain why a noncitizen is eligible for DACA or a U-visa or that they will apply for their green card. An immigration judge may terminate proceedings for a number of reasons. The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. This article explains each step of the proceeding process in detail, including when, how, and why a judge may terminate a removal proceeding. Read through our frequently asked questions to get started. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. 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. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. Upon approval of an application for T nonimmigrant status, an applicant who is the subject of an order of removal, deportation, or exclusion issued by an immigration judge or the BIA may seek cancellation of such order by filing a motion to reopen and terminate removal proceedings with the immigration judge or the BIA, whichever is appropriate. 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. This motion is largely permitted through prosecutorial discretion (PD) and most cases for unaccompanied children will fall under prongs six or seven. Finally, the NTA will tell you your rights for the hearing. Deportation is not an automatic process. The others case was administratively closed before the Immigration Judge. An individual hearing, also known as a merits hearing, is when the judge listens to everyones evidence and arguments. (a) Scope. You can file this motion as soon as you receive an NTA or at a later point in your 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. Keep track of any mistakes in it, especially if youve been named in someone elses case. DHS attorneys have the option to reopen closed cases down the road. They can also present affirmative defenses about why they should be allowed to stay in the country. Farhad Sethna has practiced law for over 25 years. Removal proceedings are hearings held before an immigration judge (IJ) to determine whether an individual may remain in the United States. However, I submitted Motions to Terminate before two different Immigration Judges for these clients. 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. 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. 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