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. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. 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. Read through our frequently asked questions to get started. If not, the LPR should not be in removal proceedings and the advocate should move the immigration judge to terminate the removal proceedings. 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. These post-order instructions describe the steps you should follow to obtain documentation of your . 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. OPLA attorneys in various immigration courts have been holding stakeholder meetings to explain their process and policies for reviewing PD requests, given the vacatur of the Mayorkas memo, so it may be helpful to check whether your local OPLA office has issued helpful guidelines. Second, it will list facts explaining why the Department of Homeland Security (DHS) wants to deport you. Unfortunately, on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a final judgment vacating the Mayorkas Memo. An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. 1240.15. So, let's go ahead and terminate proceedings so that they can adjust their status with USCIS." And given the long and heavy court backlog that we find in immigration court, the judges these days are interested and willing to go ahead and terminate proceeding so that you can adjust your status. Questions and inquiries can be sent to national@cliniclegal.org. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. Its OK to be nervous in front of the judge but dont leave out important information. Immigration removal proceedings can be complicated, but help is available. Write down any dates the judge gives you. 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. 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. 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. Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. Pro: If your client has a removal order, one advantage of a grant of dismissal is that it will cancel out the removal order. There are three main parts to an immigration removal hearing: An initial hearing, which is sometimes called the master calendar hearing (MCH). During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. They should ask for a briefing schedule and the IJ will usually then set dates for the motion and any opposition to be filed. The AG affirmed the BIAs decision in Ms. S-O-G-s case that dismissal of removal proceedings pursuant to 8 CFR 1239.2(c) was appropriate. A motion to terminate proceedings will point out all the reasons the governments case is wrong. Finally, the NTA will tell you your rights for the hearing. It wont hang over your head indefinitely. 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. Application of new procedures or termination of proceedings in old proceedings pursuant to section 309 (c) of Public Law 104-208. 1240.16. Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). The IJ granted DHSs motion, and Ms. S-O-G- appealed to the BIA. For example, you may be at risk of deportation if youve been convicted of a crime. When a person is placed in deportation proceedings, the individual will receive a Notice to Appear (NTA) before an Immigration Judge. 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. For advocates with clients in removal proceedings who have pending applications or petitions before U.S. However, unlike in criminal court, the government doesnt give people facing immigration removal proceedings a free lawyer. 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. If your removal proceedings are terminated, you can breathe a sigh of relief. Id. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. Termination of proceedings is different from administrative closure. See8 CFR 1240.12(c); INA 240(c)(1)(A). 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. 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. 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. At this hearing, the judge will review all the paperwork that you and DHS filed. Do not ignore this document. Although this paperwork can seem daunting, its important to complete your application or petition. 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. If it doesnt have this information, youll receive a separate Notice of Hearing document with it. This is part of the Department of Justice. America's foreign-born population set a new record at 44.8 million people in 2018, according to Pew Research Center. Advocates may wish to refer to CLINICresourceson pursuing administrative closure postCastro-Tum. 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. You can present this information to the immigration judge during your individual hearing. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. A motion to terminate proceedings will point out all the reasons the governments case is wrong. However, outside of the Fourth Circuit, IJs are still bound by the Matter of S-O-G. This regulation allows for the government counsel to seek dismissal of the case based on grounds set out in 8 CFR 239.2(a). Box 347377 If the respondent wants to pursue dismissal, they can usually seek it after the NTA has been issued. Once you finish testifying, you can present your witnesses to the court. If you are a CLINIC affiliate, be sure to regularly use your benefits. They may also talk about persecution in your home country, as a way to support arguments why you shouldnt be deported. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. 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. If you dont, the judge can issue an order for your removal. In Matter of S-O-G, the AG held that IJs, have no inherent authority to terminate or dismiss removal proceedings even if a case presents compelling circumstances, restricting IJs discretion to terminate. You can hire a private lawyer to represent you at this hearing. 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. An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. 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. While termination and dismissal both have their benefits, they can also place respondents in uncertain situations, sometimes without access to relief or work permits. Note: You may need to send some of your documents to USCIS and some to the judge. 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. First, it will list your name, date of birth, A-Number, and contact information. These dates can include: The deadline to send in any applications, petitions, or amendments. The government must then prove the grounds for removal. See a complete guide to Enforcement and Removal Operations (ERO) from ICE and a 2016 report on . 22. This motion is largely permitted through prosecutorial discretion (PD) and most cases for unaccompanied children will fall under prongs six or seven. 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. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. Pro: If your client has a weak case for relief from removal, they can avoid future hearings and a likely order of removal. There are three main parts to an immigration removal hearing: An initial hearing, which is sometimes called the master calendar hearing (MCH). 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. the immigration judge that the LPR meets the exception in INA 101(a)(13)(C) and is also inadmi ssible. And the last point: for Immigration purposes, one always must disclose all arrests, all chargers and all convictions on Immigration applications, even if those charges were dismissed and convictions were vacated. The Fourth Circuit held that the plain language of the regulations confers on IJs and the BIA the inherent authority to terminate removal proceedings. He has won awards for excellence in teaching and for pro-bono service. They are insisting on having persons wait to proceed in court rather than before USCIS. Appeals. You become a legal permanent resident unless you commit . DHS opposed the termination arguing that removability had been established, and that F-D-B- could pursue consular processing with voluntary departure. Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. 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. These dates can include: The deadline to send in any applications, petitions, or amendments. 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. 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