First, it will list your name, date of birth, A-Number, and contact information. providing direct representation for asylum seekers at the U.S.-Mexico borderand educatingthem about their rights; increasing legal representation for those in removal proceedings and in detention; providing public education on immigration law and policies; and. Receive daily immigrationnews, agency updates, advocacy alertsand information about our latest trainings and resources. He was awarded his JD in 1990 and his MBA in 1991, both from the University of Akron. Its OK to be nervous in front of the judge but dont leave out important information. 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. Unfortunately, on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a final judgment vacating the Mayorkas Memo. This is called an affidavit of support. It is highly advisable that any alien who thinks or considers themselves to be in this situation consult a qualified immigration attorney for detailed analysis based along the lines set forth above. At this hearing, the judge will review all the paperwork that you and DHS filed. 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). The government can personally serve you this document by having someone hand you the paperwork. Even though youre the respondent to the governments case, you get to tell your case first when your attorney asks you questions. In a Nutshell. This is called granting their motion in absentia. Through (C), OPLA delineated that if a person entered the U.S. unlawfully, they were to become a border priority. Attorney General Merrick Garland has restored the ability of immigration judges to terminate removal proceedings in certain limited circumstances. This decision, however, does not affect motions to terminate that are grounded in law. Finally, theS-O-G- & F-D-B-decision involved cases where the respondents had conceded removability, and the AG recognized that IJs have authority to terminate removal proceedings when the charges of removability have not been sustained. 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). 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. PD may still be an available option to practitioners. Finally, the NTA will tell you your rights for the hearing. Under the Immigration and Nationality Act ("INA" or "Act"), parties to proceedings before EOIR may file a motion to reopen or reconsider certain decisions of immigration judges or the Board of Immigration Appeals ("BIA" or "Board"). Immigration removal proceedings can be complicated, but help is available. En Espaol (202) 888-2115. . If you have questions regarding the Immigration court proceedings, reach out to us at 917-885-2261. During the hearing, the immigration court will provide a staff interpreter so you can understand what is happening. They are insisting on having persons wait to proceed in court rather than before USCIS. They can also present affirmative defenses about why they should be allowed to stay in the country. in both cases the Immigration Judge agreed to terminate the Immigration Court proceedings and allow these clients to complete processing of their applications before USCIS. Read the NTA carefully. If DHS can prove the facts are true, they will argue that these laws mean the immigration judge should remove you. Then, a master calendar hearing is held, followed by an individual hearing. If the respondent wants to pursue dismissal, they can usually seek it after the NTA has been issued. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. There may be incorrect facts or dates listed. Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022).This decision overruled a prior decision by then Attorney General Jeff Sessions that held that immigration judges "have no inherent authority to terminate or dismiss removal proceedings." Deferred Action for Childhood Arrivals (DACA), Attorney General rules that immigration judges have authority to terminate cases, New BIA decision cracks door open to termination of pending cases. 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. 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. 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. If you dont, the judge can issue an order for your removal. Attorney Sethna is a frequent speaker at Continuing Legal Education and professional development seminars on various immigration-related topics. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. 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). In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that. If this happens, the judge will schedule another hearing that will focus on the merits of your case. We develop and sustain a network of nonprofit programs that serve over 500,000 immigrants every year. Termination of proceedings is different from administrative closure. Again, make sure you attend every hearing. See INA 240(c)(6)-(7), 8 U.S.C. What Happens if My Removal Proceedings Are Terminated? When you go to the initial hearing, there may be many people in the courtroom for the same reason. Questions and inquiries can be sent to national@cliniclegal.org. 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. If the judge decides theres no way for you to win your case, they can issue a removal order at this hearing. 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. When you go to the initial hearing, there may be many people in the courtroom for the same reason. ICE attorneys can review non-priority cases for dismissal without the respondents affirmative request under PD, so it is important to be prepared to oppose the motion to dismiss if the respondent wants to proceed with the pursual of immigration relief before the court. Each such motion must be . This process typically begins when someone receives a Notice to Appear. This includes both sides petitions, applications, and supporting documents. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. This motion is largely permitted through prosecutorial discretion (PD) and most cases for unaccompanied children will fall under prongs six or seven. 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. Zoom- CILA Texas Social Work Working Group, Zoom: 2021 Texas Champions for Immigrant Youth Symposium, Zoom: Common Criminal Based Inadmissibility Grounds for SIJ in Texas, Zoom: Oct. 19th CILA/NILA Litigation Updates, Zoom: Working with Immigrant Families Involved in the State Child Welfare System. Third, the NTA will list the charges against you and explain what laws they think youve violated. Then, youll be asked to take the stand. However, such a claim would not lead to termination of . An immigration judge may terminate proceedings for a number of reasons. 1239.2(c) where DHS moves to dismiss a notice to appear. 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. 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. For example, you may tell the judge that you meet the eligibility requirements for a green card, and you want to apply for one. 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. This article explains each step of the proceeding process in detail, including when, how, and why a judge may terminate a removal proceeding. . 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. 1003.23 (b) (1). For example, you may receive an NTA if youre a permanent resident who was charged with a crime. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. 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. The IJ granted DHSs motion, and Ms. S-O-G- appealed to the BIA. 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. During these hearings, the judge will listen to evidence from both sides and decide whether someone may remain in the country. Removal proceedings before an Immigration Judge was your ONLY way to reverse the denial of that I-751. This article explains each step of the proceeding process in detail, including when, how, and why a judge may terminate a removal proceeding. In the first case, the Department of Homeland Security (DHS) had initiated removal proceedings against Ms. S-O-G- by filing a Notice to Appear (NTA). Citizenship and Immigration Services (USCIS) instead of an immigration judge. A motion to terminate asks an IJ to end a case by alleging that the governments charges are substantively or procedurally defective. One had a hearing date scheduled before the Immigration far in the future. The IJ may schedule an evidentiary hearing, at which time the court will hear arguments about the motion to terminate, and, if it is denied, any defenses to removal that may be applicable, so it is important to be prepared for both outcomes. Application of new procedures or termination of proceedings in old proceedings pursuant to section 309 (c) of Public Law 104-208. The first hearing should be at least 10 days after the NTA. Immigration judges who fail to meet case quotas and performance standards risk facing disciplinary action including termination. What Is an Immigration Removal Proceeding? The judge will explain their reasons for issuing this order. The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. Now, as a U.S. citizen, the cas. We cultivate projects that support and defendvulnerable immigrant populations by: History has taught us that people who step up can make a difference. The extent and limit of PD was recently set out in two memos issued by ICEs Office of the Principal Advisor (OPLA), the representative of the government in the immigration sphere. Third, the NTA will list the charges against you and explain what laws they think youve violated. (b) [Reserved] (c) Motion to dismiss. The AGs decision, however, did not abrogate IJs authority to terminate removal proceedings in other specific contexts authorized, or even required, by Department of Justice regulations. During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. You dont need to worry about legal action to deport you anymore. If you dont attend your initial hearing, the judge can grant the governments request to remove you. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. You might also need to apply for a work permit if you dont have one already. 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. 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, B. R. v. Garlandheld that this improper service can be cured if DHS later perfects service before substantive removal proceedings begin. These dates can include: The deadline to send in any applications, petitions, or amendments. There may be incorrect facts or dates listed. By Andrew R. Arthur on September 23, 2018. 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. Having an immigration lawyer represent you at an initial hearing, and in your deportation proceeding in general, is a good idea. Fourth, this document might list a date and time for your first hearing. (d) Number Limits A party is permitted only one motion to reopen. Immigration removal proceedings can be complicated, but help is available. Do not skip this hearing. Stories|Press Releases|Financials| Annual Reports, 2023 Catholic Legal Immigration Network, Inc. | Privacy Policy, Attorney General restricts immigration judges and BIAs power to dismiss or terminate removal proceedings, Ground of Inadmissibility and Deportability. Removal proceedings where the respondent has a credible fear of persecution or torture. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. You dont need to worry about legal action to deport you anymore. The NTA is important. at 272. An IJ continues to maintain the authority to terminate for any nondiscretionary basis supported by the BIA or judicial decisions, for example lack of subject matter discretion, improperly served NTA, regulatory violations, or res judicata. 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