Then, the DHS lawyer will ask you questions. While Attorney General Garland had already overruled Matter of Castro-Tum in 2021, and thereby allowed immigration judges to administratively close proceedings, other than in circuits where it was not permitted, or limited by law (for example, the Sixth Circuit), in Matter of Coronado-Acevedo, Attorney General Garland also overruled the boards prior decision in Matter of S-O-G- and Matter of F-D-B-, and declared that immigration judges did have the authority to terminate or dismiss removal proceedings. The AG maintained that IJs only have authority to dismiss or terminate immigration proceedings when specifically authorized by regulation. In that case, the AG concluded that the IJ and BIA had applied the appropriate regulatory standard for dismissal under 8 CFR 239.2(a), 1239.2(c), which allows DHS to move for dismissal in certain specified circumstances including where DHS determines that the NTA was improvidently issued or that it is not in the governments best interest to continue with the removal proceedings. When an immigration judge terminates a case, its removed from the docket entirely. The distinction is that termination carries a finality to it while closure is more of a temporary measure. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. 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. The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. You become a legal permanent resident unless you commit . We have seen this, for example . There are two ways to reverse this extremely prejudicial termination. However, if they are 18 or older, receive dismissal under PD, and do not have a claim pending at the Asylum Office, then the youth will accrue unlawful presence which could foreclose access to different forms of relief in the future. This regulation allows for the government counsel to seek dismissal of the case based on grounds set out in 8 CFR 239.2(a). It wont hang over your head indefinitely. 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. 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 general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. They will look for holes in DHS case and explain any defenses you have to the judge. The immigration judge may also have some questions for you. They can also send it to your attorney or your last known address. If the judge terminates your removal case, you dont have to worry about going to immigration court or being deported. A positive result could end up saving time and stress for a person that finds themselves in this situation. There may be incorrect facts or dates listed. However, the decision also held that the IJ can terminate proceedings if it is expressly authorized by (1) 8 C.F.R. His practice is limited to immigration and small business. This process typically begins when someone receives a Notice to Appear. In Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022), a three-member panel on the board of immigration appeals (BIA) held, in a two - one decision, that indeed, alien respondents could claim that a Notice to Appear was deficient, as long as such claim was made prior to the conclusion of pleadings being taken before the immigration judge.. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. Executive Office for Immigration Review (EOIR). 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. This may lead to more non-priority cases being closed or terminated. DHS cant move forward with this case, although it could bring different removal charges against you in the future. The judge can also decide to keep your case going. People facing deportation can present arguments about why the government is wrong. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. Copyright 2018. 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. 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). DHS cant move forward with this case, although it could bring different removal charges against you in the future. The government must prove its case. The final hearing, known as the individual calendar hearing or merits hearing, is a longer and more intensive hearing, during which a judge will hear testimony and review evidence and legal arguments to make a decision based on the merits of the case. An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. Requirements of 8 CFR 236.2 state that in the case of a minor under 14 years old, service shall be made upon the person with whom the minor resides; whenever possible, service shall also be made on the near relative, guardian, committee, or friend. Similarly, Flores-Chavez v. Ashcroft has also held that in the Ninth Circuit DHS must serve the NTA on a released minors custodian as well as the minor respondent, otherwise the NTA is insufficient. Do You Need To Provide Tax Returns To File for Naturalization? A motion to terminate proceedings will point out all the reasons the governments case is wrong. 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. Second, it will list facts explaining why the Department of Homeland Security (DHS) wants to deport you. 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. You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. Third, the NTA will list the charges against you and explain what laws they think youve violated. 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. Include a letter explaining that you had an immigration court case and that it was dismissed. What if I Have a Pending Petition With USCIS? However, the decision also held that the IJ can terminate proceedings if it is expressly authorized by (1) 8 C.F.R. The judge will read DHS charges against you that were in the NTA. Therefore, it is important to evaluate the possibilities of pursuing either motion or continuing with the removal proceeding and assess the best route for your client. 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. We hope you will join us. America's foreign-born population set a new record at 44.8 million people in 2018, according to Pew Research Center. It wont hang over your head indefinitely. 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). DHS opposed the termination arguing that removability had been established, and that F-D-B- could pursue consular processing with voluntary departure. Have immigration questions? Terms of Use | Code of Conduct | Privacy Policy | Your California Privacy Rights | Copyright & IP Policy | Advertising & Sponsorship, Additional Resources (Password-Protected). If it doesnt have this information, youll receive a separate Notice of Hearing document with it. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 (a) Prior to commencement of proceedings. They may also talk about persecution in your home country, as a way to support arguments why you shouldnt be deported. I filed my I-130 and I-485 the same year. What Is an Immigration Removal Proceeding? A motion to terminate asks an IJ to end a case by alleging that the governments charges are substantively or procedurally defective. 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). Do not skip this hearing. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. The court reviews de novo claims of due process violations. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. Citizenship and Immigration Services (USCIS) for which they are eligible . If you have a qualifying approved petition and your case is pending before an Immigration Judge it is important to obtain the assistance of an experienced Immigration Attorney. 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). Read the NTA carefully. For provisions relating to the authority of an immigration officer to cancel a notice to appear prior to the vesting of jurisdiction with the immigration judge, see 8 CFR 239.2(a) and (b). 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