advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. 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. Once you finish testifying, you can present your witnesses to the court. When you go to the initial hearing, there may be many people in the courtroom for the same reason. What Happens if My Removal Proceedings Are Terminated? Termination of proceedings is different from administrative closure. 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. The AG referred to himself two cases that the BIA had already decided, regarding Ms. S-O-G- and Ms. F-D-B-. Again, make sure you attend every hearing. During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. This section applies in cases referred to the immigration court under 8 CFR 208.14(c)(1) where the respondent has been found to have a credible fear of persecution or torture, and U.S. What Does It Mean When an Immigration Case Is Terminated? For more, call today. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. In the event that ICE denies a Stay of Removal request, ICE will reach out to the investigating agency and provide notification that the petitioner is being removed. This is called granting their motion in absentia. Read through our frequently asked questions to get started. 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)). 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. 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 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. Pro: If your client has a removal order, one advantage of a grant of dismissal is that it will cancel out the removal order. Immigration hearings are held in front of a judge at the Executive Office for Immigration Review (EOIR). Citizenship and Immigration Services (USCIS),Matter of S-O-G- & F-D-B-will make it harder for IJs to terminate proceedings unless DHS seeks dismissal under the regulations. Id. Termination of proceedings is different from administrative closure. Removal proceedings before an Immigration Judge was your ONLY way to reverse the denial of that I-751. 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. However, unlike in criminal court, the government doesnt give people facing immigration removal proceedings a free lawyer. I filed my I-130 and I-485 the same year. There are a few parts to an NTA. Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. Finally, the NTA will tell you your rights for the hearing. You dont need to worry about legal action to deport you anymore. Citizenship and Immigration Services (USCIS) for which they are eligible . Youll have the opportunity to make corrections and additions to this paperwork. Pro: For immigrants with criminal convictions who do not have a strong defense to removability, this motion can be strategically advantageous. Immigration judges who fail to meet case quotas and performance standards risk facing disciplinary action including termination. For example, you may be at risk of deportation if youve been convicted of a crime. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. 1239.2(c) where DHS moves to dismiss a notice to appear. 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 . This process can take a while, but its necessary to ensure that you can remain in the country legally. An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. Tell the judge if any of the facts in the NTA are incorrect. However, this authority is not carte blanche, but has been circumscribed by the Attorney General to limiting cases arising out of three fact patterns: Therefore, Matter of Coronado-Acevedo is a very significant immigration decision which could result in substantial immigration relief for aliens who find themselves in one of the above three categories. 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. 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. 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. Send your application to one of the special mailing addresses . Your witnesses might talk about your good moral character as a way to support your stay in the country. Each such motion must be . Help representatives gain crucial training. The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. 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. If you receive the immigration judge's decision by mail, you have 30 days from the date of the decision to appeal it. This regulation allows for the government counsel to seek dismissal of the case based on grounds set out in 8 CFR 239.2(a). At a master calendar hearing, the respondent must admit or deny the charges brought against them. 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). Receive daily immigrationnews, agency updates, advocacy alertsand information about our latest trainings and resources. Removal proceedings begin with an initial hearing, known as a master calendar hearing. 8 C.F.R. Mailing Address: P.O. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. 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. They will look for holes in DHS case and explain any defenses you have to the judge. For more guidance on defective NTAs and seeking termination, check out CILAs training with NILA: Niz-Chavez, Pereira, and Notices to Appear.. What if I Have a Pending Petition With USCIS? DHS attorneys have the option to reopen closed cases down the road. The Board also reiterated prior decisions in holding that a respondent claiming a fundamental change in law as the basis for a sua sponte reopening of his or her removal case must also show prima facie eligibility for the relief sought. In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that. 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. Unlawful Presence, Removal Proceedings, Ground of Inadmissibility and Deportability, BIA Clarifies Continuous Physical Presence Requirement for Cancellation of Removal. It wont hang over your head indefinitely. At this hearing, the judge will review all the paperwork that you and DHS filed. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. 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. At the initial hearing, youll spend a few minutes in front of the immigration judge. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 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. Talk to an experienced immigration attorney with our. Although this paperwork can seem daunting, its important to complete your application or petition. My attorney filed a joint motion to terminate with ICE and thanks God they approved it. You can file this motion as soon as you receive an NTA or at a later point in your case. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. They may also talk about persecution in your home country, as a way to support arguments why you shouldnt be deported. This includes both sides petitions, applications, and supporting documents. Finally, the NTA will tell you your rights for the hearing. These clients will now be able to reopen their already pending applications before USCIS and get their green card in all likelihood much faster than if they would have remained before the Immigration Judge. Main Phone: (301) 565-4800 /Main Fax: (301) 565-4824. There are few exceptions. In a Nutshell. . 1229a(c)(6)-(7); 8 CFR 1003.2, 1003.23. There are three main parties involved in removal (deportation) proceedings: respondents, the Department of Homeland Security (DHS), and an immigration judge (IJ). If not, the LPR should not be in removal proceedings and the advocate should move the immigration judge to terminate the removal proceedings. 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. 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. For example, you may be at risk of deportation if youve been convicted of a crime. 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. 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. However, unlike in criminal court, the government doesnt give people facing immigration removal proceedings a free lawyer. Benedicto v. Garland, 12 F.4th 1049, 1058 (9th Cir. Put the hearing date on your calendar, and make sure you attend it. There are a few parts to an NTA. Listen for your name to be called and go to the front of the courtroom. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. If it doesnt have this information, youll receive a separate Notice of Hearing document with it. 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 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. See subsection (e), below. 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. (3) An immigration judge's general . at 272. We are the Childrens Immigration Law Academy (CILA), an expert legal resource center created by the American Bar Association (ABA). Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018). The AG reasoned that neither the IJ nor the BIA cited a legal basis for the termination and instead terminated merely due to sympathetic factors. Unfortunately, on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a final judgment vacating the Mayorkas Memo. Advocates can still rely on the principles and arguments outlined in the memos, which can be helpful on an instructive basis. DHS can also appeal the judges order within 30 days of it being issued. 1239.2(f), where a respondent is eligible for naturalization, . Please send your general immigration questions to AttorneySethna@immigration-america.com. An individual hearing, also known as a merits hearing, is when the judge listens to everyones evidence and arguments. 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. You can remain in the country legally, at least for the time being. Youll need to take an oath swearing that you will tell the truth. 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. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. Executive Office for Immigration Review (EOIR). 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. This article explains each step of the proceeding process in detail, including when, how, and why a judge may terminate a removal proceeding. An immigration attorney discusses what happens after your cancellation of removal request is either granted or denied. Do not skip this hearing. PD arms ICE prosecutors with the discretion to not pursue a case even if ICE has the authority to do so. 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. Removal proceedings where the respondent has a credible fear of persecution or torture. En Espaol (202) 888-2115. . An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. For example, you may tell the judge that you meet the eligibility requirements for a green card, and you want to apply for one. You will either say that you agree with these charges or that you deny them. Andrea Farrell Apr 4, 2022. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. 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. Every child deserves representation.Get involved. There may be incorrect facts or dates listed. See, e.g., 8 CFR 214.11(d)(1)(i), 214.14(c)(1)(i), (f)(2)(i). 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. A denial of prosecutorial discretion could result in removal proceedings against you. 2021 American Bar Association | CILA Children's Immigration Law Academy, Niz-Chavez, Pereira, and Notices to Appear., New CILA Resource: Tips for Working with Migrant Children and Trauma-Informed Lawyering, CILA 2022 Annual Report Shares Highlights, Resources to Help Advocates Working with Immigrant Youth Navigate Medical Care, CILA Legal Internship Application Open for Summer 2023. Youll probably walk out of the court with a final order in your hand. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. Do not ignore this document. If youre unhappy with the results of your individual hearing, you can file an appeal with the Board of Immigration Appeals (BIA) within 30 days of receiving the order. 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