Citizenship and Immigration Services (USCIS) instead of an immigration judge. When a respondent does not concede removability and instead denies the allegations and charges, termination is appropriate if DHS cannot meet its burden. When a person is placed in deportation proceedings, the individual will receive a Notice to Appear (NTA) before an Immigration Judge. Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. 8 C.F.R. However, because you are already in removal proceedings, you cannot file an I-485 concurrently with your I-360 because jurisdiction relating to the I-485 is now with the IJ. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. Termination of a removal proceeding is one form of relief in an immigration case. Unfortunately, on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a final judgment vacating the Mayorkas Memo. Put the hearing date on your calendar, and make sure you attend it. 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. 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. A Notice to Appear (NTA) is the document the government sends when its trying to deport someone. May 21, 2019. See INA 240(c)(6)-(7), 8 U.S.C. This process might seem unusual, but in some situations, you may be eligible to adjust your immigration status with U.S. Listen for your name to be called and go to the front of the courtroom. Once the waiver was approved, the IJ re-calendared Ms. F-D-Bs case and then terminated removal proceedings without prejudice so she could consular process. Benedicto v. Garland, 12 F.4th 1049, 1058 (9th Cir. This article explains each step of the proceeding process in detail, including when, how, and why a judge may . I was in removal proceedings and one year ago my i130 got approved and right after the approval I sent i485 to Uscis which still pending and I did the fingerprints one month ago i sent another copy of the i485 with motion of termination to the immigration court and the judge terminated my case so. 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. Youll probably walk out of the court with a final order in your hand. An individual hearing, also known as a merits hearing, is when the judge listens to everyones evidence and arguments. Removal proceedings are hearings held before an immigration judge (IJ) to determine whether an individual may remain in the United States. Note that in some contexts, such as situations where the respondent is eligible for U or T nonimmigrant status, DHS regulations expressly contemplate joint motions to terminate without prejudice to allow for USCIS adjudication of the application. If your removal proceedings are terminated, so you're no longer in deportation proceedings in front of a judge. If you can, find documents that show that DHS facts were wrong. 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. There are a few parts to an NTA. You can remain in the country legally, at least for the time being. The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. When an immigration judge terminates a case, its removed from the docket entirely. After Ms. F-D-B-s family based petition was approved, the IJ administratively closed her case so that she could apply for a provisional waiver, which was also approved. 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. Generally, the judge will either grant relief from removal, meaning that you can stay in the country, or issue an order of removal/deportation. In Castro-Tum, Attorney General Sessions determined that immigration judges and the Board have no general authority to administratively close cases, or, for that matter, to terminate cases. You dont need to worry about legal action to deport you anymore. If our app isnt a good fit or you just have immigration questions you need answered, you can speak with an independent attorney for just $24/month through our Ask an Attorney program. If you marry a US citizen after the commencement of removal proceedings you should seek the advice of an immigration attorney. (b) [Reserved] (c) Motion to dismiss. 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. 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 you leave the U.S. after the immigration judge issues the decision and before you file an appeal, then your departure from the U.S. will be considered a waiver of your appeal and the decision will become final. 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. Executive Office for Immigration Review (EOIR). Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. Finality of order. 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 . 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. There are two ways to reverse this extremely prejudicial termination. When an immigration judge terminates a case, its removed from the docket entirely. See8 CFR 1240.12(c); INA 240(c)(1)(A). This guide will give you instructions. Under new Biden administration guidelines, DHS attorneys are encouraged to exercise prosecutorial discretion by focusing on high-priority cases and end the backlog of pending immigration cases. The judge will explain their reasons for issuing this order. Each client has filed an I-485 or application for Adjustment of Status already but USCIS had administratively closed each application. Farhad Sethna has practiced law for over 25 years. It only takes a moment to sign up. 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. delay, dismiss, or terminate proceedings where . For advocates with clients in removal proceedings who have pending applications or petitions before U.S. We are based out of Silver Spring, Maryland (Washington, D.C. metropolitan area), with an office in Oakland, California, and additional staff working from locations throughout the country. We have seen this, for example . Such a situation may be crossing the border without actually going through the immigration process. 1239.2(f), where a respondent is eligible for naturalization, . The Department of Homeland Security (DHS) prosecutes, arrests, and detains respondents in deportation proceedings. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. 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. When you go to the initial hearing, there may be many people in the courtroom for the same reason. . 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. They should ask for a briefing schedule and the IJ will usually then set dates for the motion and any opposition to be filed. Unrestricted Liberty to Make Arbitrary Decisions? You can also tell the judge if you have any defenses to removal or if you want to apply for relief from removal. Do not ignore this document. Do not skip this hearing. Read through our frequently asked questions to get started. See8 CFR 1239.2(c); 1239.2(f) (allowing IJs to terminate proceedings where naturalization proceedings are pending and where there are humanitarian factors present). 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. An initial hearing is sometimes called a master calendar hearing (MCH). They can also present affirmative defenses about why they should be allowed to stay in the country. 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