Motion to terminate removal proceedings

People Facing Deportation

motion to terminate removal proceedings

Cancellation of Removal Proceedings

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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. That such an unexceptional order is necessary demonstrates significant issues within the immigration courts, but it has not stopped the immigration judges' union from complaining about it. The two cases that were consolidated in that decision presented very different facts. Respondent S-O-G- is a Mexican national who was charged in March with removability as an alien present without being admitted or paroled, or who entered the United States illegally. The respondent conceded removability, and indicated an intention to file for relief or protection for removal from the immigration court; no such applications were filed, however. DHS moved to terminate that case given that prior order, which the immigration judge granted.

Maybe you have an asylum application with the immigration court , or a cancellation of removal application, and during proceedings you got married to a US Citizen , or are the beneficiary of another I petition, or even an I self-petition. And if not for removal proceedings i may have to apply in certain circumstances , would have been eligible for adjustment of status. You have to take note that the burden is higher when the marriage occurred after removal proceedings were commenced, and Is in this route are only approved if that higher burden is met. A bona fide marriage exception letter must be included as well as evidence of your bona fide relationship. It is common for the husband and wife to be separated at I interviews in these cases. But what if the I is approved? Or if there are other petitions approved, which are current, and which makes you eligible for adjustment but for removal proceedings.

This is the first in a series of posts addressing tips and strategies for the defense of immigrants in removal proceedings and other types of litigation. Motions to terminate are an increasingly important litigation tool for defense attorneys representing immigrants in removal proceedings. A motion to terminate can provide significant strategic advantages, particularly for immigrants with criminal convictions, and gives a rare opportunity to hold the government to its burden of proof. Below is an overview of motions to terminate and tips on how they can be useful in your case. Motions to terminate may be particularly helpful for an individual who does not have strong defenses to deportation because motions to terminate often deal with a purely legal issue relating to the NTA. Motions to terminate can be based on many different grounds, including an improperly served NTA; a misstatement of facts in the NTA or other incongruity between the facts and the charge; eligibility for an immigration benefit or naturalization; or a legally deficient charge from DHS.

Motions to terminate are an increasingly essential litigation tool for immigration attorneys representing immigrants in immigration court. For example, on June 21, , the U.
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The Board held that an Immigration Judge has the authority under 8 C. On the advice of their counsel, the respondents did not appear at their asylum interview with the USCIS. Because the applicants appeared to be inadmissible or deportable, the USCIS referred their asylum applications to the Immigration Court to be adjudicated in removal proceedings, in accord with the regulations at 8 C. In the course of the first master calendar hearing before the Immigration Judge on October 7, , the respondents immediately withdrew their asylum applications. The DHS argued that the circumstances had changed since the notices to appear were issued and that the continuation of the removal proceedings was no longer in the best interest of the Government.

There are times when a person finds themselves in removal proceedings before an Immigration Judge but may not need to be. Over the past few months I have been contacted by two separate clients who had a petition from a family member or employer approved. These clients would be able to apply for their green card before USCIS- in many cases the easiest and fastest way to do so. However, both clients were in proceedings before an Immigration Judge. One had a hearing date scheduled before the Immigration far in the future.

Removal proceedings are hearings held before an immigration judge to determine whether an individual may remain in the United States. Removal proceedings begin when the government alleges an individual does not have valid immigration status or an individual has done something to end otherwise valid immigration status. The attorneys at Wilkes Legal, LLC work at the cutting edge of immigration law to offer clients effective, comprehensive, and innovative removal defense strategies. We understand that removal proceedings can be extremely stressful for clients and their families. Every client in removal proceedings is given our utmost care and attention, and we support our clients through every stage so that they are well informed and able to present the strongest case possible. Those facing removal proceedings who suffered persecution or fear future persecution in their home countries if they return may be eligible for asylum as a defense to removal. Eligibility depends on the details of their experiences and the conditions in their home country.

Terminating Removal Proceedings After I130, 360, and other Petition Approvals for CIS Adjustment

On Sept. - Our client is from the United Kingdom who came to the U. Soon after her entry to the U.

BIA Holds That IJ Can Dismiss Removal Proceedings Upon Finding Abuse of Asylum Process





3 thoughts on “Motion to terminate removal proceedings

  1. immigration judges may dismiss or terminate removal proceedings only The IJ granted DHS's motion, and Ms. S-O-G- appealed to the BIA.

  2. Reuters - Liliana Barrios was working in a California bakery in July and facing possible deportation when she got a call from her immigration attorney with some good news.

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