The AG issued a recent decision discussing the standard for granting continuances in this situation,Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018), and CLINIC will be issuing a forthcoming practice advisory on this topic. 2021) ; Grigoryan, 959 F.3d at 1239 ; Liu v. Holder 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. Receive daily immigrationnews, agency updates, advocacy alertsand information about our latest trainings and resources. See a complete guide to Enforcement and Removal Operations (ERO) from ICE and a 2016 report on . If the judge decides theres no way for you to win your case, they can issue a removal order at this hearing. Again, make sure you attend every hearing. 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. 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. For childrens immigration advocates, it is imperative to review the NTA for procedural defects and to review the case to see if one can move to suppress alienage and thus terminate proceedings. 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. This regulation allows for the government counsel to seek dismissal of the case based on grounds set out in 8 CFR 239.2(a). Over the past few months I have been contacted by two separate clients who had a petition from a family member or employer approved. However, the decision also held that the IJ can terminate proceedings if it is expressly authorized by (1) 8 C.F.R. 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. 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. He has won awards for excellence in teaching and for pro-bono service. America's foreign-born population set a new record at 44.8 million people in 2018, according to Pew Research Center. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. 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. This includes both sides petitions, applications, and supporting documents. 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. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. Youll probably walk out of the court with a final order in your hand. 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. 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. PD arms ICE prosecutors with the discretion to not pursue a case even if ICE has the authority to do so. 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. (a) Scope. You can present this information to the immigration judge during your individual hearing. 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. Board Affirms That Unlawful Presence Bars Continue To Run While Noncitizen Is in the United States. Deportation is not an automatic process. An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. 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. The first hearing should be at least 10 days after the NTA. 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. 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. A motion to terminate is when a respondent requests to end their removal proceedings. 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. Youll probably walk out of the court with a final order in your hand. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. If you dont go to the hearing, the judge can grant DHS request to deport you without hearing your side of the case. Executive Office for Immigration Review (EOIR). Fourth, this document might list a date and time for your first hearing. 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. An immigration attorney discusses what happens after your cancellation of removal request is either granted or denied. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. You can hire a private lawyer to represent you at this hearing. Pro: If your client is eligible for an alternative form of relief, a dismissal will be favorable for the client as it will end the clients removal proceeding and give them time to focus on the alternative relief. If the judge decides theres no way for you to win your case, they can issue a removal order 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. If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. Unrestricted Liberty to Make Arbitrary Decisions? 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. Follow these general instructions. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. 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. If you can, find documents that show that DHS facts were wrong. This process typically begins when someone receives a Notice to Appear. The immigration judge may also have some questions for you. When can an immigration judge terminate proceedings? During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. 1239.2(f), where a respondent is eligible for naturalization, has a pending naturalization application, and has exceptionally appealing or humanitarian factors in their case, and (2) under 8 C.F.R. 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. Then, a master calendar hearing is held, followed by an individual hearing. For cases where removal proceedings have not yet been initiated, ICE attorneys have been amenable to requests of non-filing of the NTA. Immigration, Latest Articles. DHS can also appeal the judges order within 30 days of it being issued. Terms of Use | Code of Conduct | Privacy Policy | Your California Privacy Rights | Copyright & IP Policy | Advertising & Sponsorship, Additional Resources (Password-Protected). Filing a Motion To Terminate Removal Proceedings. Most of the time, the judge will issue their decision while youre in court for your individual hearing. An individual hearing may take up to four hours. Then, youll be asked to take the stand. While termination and dismissal both have their benefits, they can also place respondents in uncertain situations, sometimes without access to relief or work permits. Listen for your name to be called and go to the front of the courtroom. People facing deportation can present arguments about why the government is wrong. The Department of Homeland Security (DHS) prosecutes, arrests, and detains respondents in deportation proceedings. Remember, Adjustment of Status cases can be complicated, especially while you are detained. This may lead to more non-priority cases being closed or terminated. (2) Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see8 C.F.R. In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that. There are few exceptions. Thus, immigration attorneys often advise foreign nationals to . We have seen this, for example . Executive Office for Immigration Review (EOIR). This is called granting their motion in absentia. Keep track of any mistakes in it, especially if youve been named in someone elses case. Termination of proceedings is different from administrative closure. A: ICE will follow routine notification procedures prior to effectuating the removal of a U visa petitioner whose request for a Stay of Removal has been denied. There are a few parts to an NTA. The memo encourages immigration judges to send scheduling orders to the parties before a hearing, asking their positions on administrative closure. You can present this information to the immigration judge during your individual hearing. Where a non-citizen has obtained lawful permanent residence after being placed in removal proceedings; (this applies to, for example undocumented alien children, who must have their cases adjudicated by the USCIS, and over whose adjustment of status applications the immigration court has no authority); Whether pendency of removal proceedings causes adverse immigration consequences for a respondent who must travel abroad to seek a visa (think, beneficiaries of approved I601A petitions); Where termination is necessary for a respondent to be eligible to seek immigration relief before the USCIS (consider, for example, the beneficiary of a family-based petition, who entered the country legally, and would therefore be eligible for adjustment of status). Each such motion must be . See8 CFR 1240.12(c); INA 240(c)(1)(A). However, this only applies to individuals who entered on or after November 1, 2020, or those who were apprehended at the border while attempting unlawful entry. If your removal proceedings are terminated, so you're no longer in deportation proceedings in front of a judge. The immigration judge may also have some questions for you. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. Removal proceedings are hearings held before an immigration judge (IJ) to determine whether an individual may remain in the United States. Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. For more, call today. Citing his own reasoning inMatter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), a decision he issued earlier this year that restricts IJs and Board of Immigration Appeals (BIA) authority to control their own dockets, the AG concluded that IJs and the BIA do not possess inherent authority to terminate or dismiss removal proceedings. Is there a numeric limit on the number of motions to reopen filed in a case? Mitigating factors can include length of time in the U.S., client or family services in the U.S., circumstances of entry into the U.S., status of survivor of crime or trafficking, eligibility for relief, or compelling humanitarian factors. 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. This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. Help representatives gain crucial training. Coral Gables, Fl 33234. Pro: If the client is pursuing relief outside of court (through USCIS) they no longer must go to immigration hearings, which can be a drain on resources and time. Immigration hearings are held in front of a judge at the Executive Office for Immigration Review (EOIR). This clarified the issue that immigration judges have authority to terminate cases under such circumstances with or without the concurrence of the DHS. However, unlike in criminal court, the government doesnt give people facing immigration removal proceedings a free lawyer. Ms. S-O-G- conceded removability and indicated that she intended to apply for immigration relief. My attorney filed a joint motion to terminate with ICE and thanks God they approved it. 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. 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when can an immigration judge terminate proceedings