Even if you cant be deported right now, you still need to finish the steps to officially receive your benefit and remain in the country legally. Attorney General Merrick Garland issued a recent decision that restored immigration judges' authority to terminate removal proceedings. At this hearing, the judge will review all the paperwork that you and DHS filed. 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. CLINIC trains legal representatives who provide high-quality andaffordable immigration legal services. 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. What Is an Immigrant Visa Number and How Can I Get One? Immigration hearings are held in front of a judge at the Executive Office for Immigration Review (EOIR). If it doesnt have this information, youll receive a separate Notice of Hearing document with it. 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. Do You Need To Provide Tax Returns To File for Naturalization? If your removal proceedings are terminated, you can breathe a sigh of relief. 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. If this happens, the judge will schedule another hearing that will focus on the merits of your case. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. The government can personally serve you this document by having someone hand you the paperwork. 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. If you receive the immigration judge's decision by mail, you have 30 days from the date of the decision to appeal it. 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. 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 proper counsel will evaluate your case and can file a Motion to Terminate if appropriate. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 (3) An immigration judge's general . 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. 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. However, depending on your immigration status and immigration goals, you may still have a good amount of paperwork or additional applications to complete. Do not ignore this document. (a) Prior to commencement of proceedings. 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. The government must then prove the grounds for removal. 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. 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. While youre waiting for adjudication from this court of appeals, DHS cant deport you. This is part of the Department of Justice. Put the hearing date on your calendar, and make sure you attend it. 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. Termination can be a better option for individuals because the case is actually over. Youll probably walk out of the court with a final order in your hand. advocating for fair and just immigration policies that acknowledge the inherent dignity and value of all people. 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. The judge can also decide to keep your case going. Immigrants with criminal convictions placed in removal proceedings are charged with one or more grounds of deportability or inadmissibility based on allegationsthat the immigrant has committed a category of offense that makes him deportable under the Immigration & Nationality Act (INA). This guide will give you instructions. These post-order instructions describe the steps you should follow to obtain documentation of your . 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). Although this paperwork can seem daunting, its important to complete your application or petition. What Happens if My Removal Proceedings Are Terminated? Filing a Motion To Terminate Removal Proceedings. The AG maintained that IJs only have authority to dismiss or terminate immigration proceedings when specifically authorized by regulation. This may lead to more non-priority cases being closed or terminated. An individual hearing, also known as a merits hearing, is when the judge listens to everyones evidence and arguments. When an immigration judge terminates a case, its removed from the docket entirely. The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. Tell the judge if any of the facts in the NTA are incorrect. The most common reason for terminating proceedings is when the Department of Homeland Security (DHS) or the Department of Justice (DOJ) requests that the proceedings be terminated. 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. For example, you may be at risk of deportation if youve been convicted of a crime. 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. If DHS can prove the facts are true, they will argue that these laws mean the immigration judge should remove you. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. We will try to answer as many questions as possible. This would allow the respondent to be able to file an I-485 application directly with USCIS . It only takes a moment to sign up. Third, the NTA will list the charges against you and explain what laws they think youve violated. 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. 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. Terms of Use | Code of Conduct | Privacy Policy | Your California Privacy Rights | Copyright & IP Policy | Advertising & Sponsorship, Additional Resources (Password-Protected). Box 347377 Each client has filed an I-485 or application for Adjustment of Status already but USCIS had administratively closed each application. By Andrew R. Arthur on September 23, 2018. On Sept. 18, 2018, Attorney General (AG) Jefferson Sessions, in two cases he referred to himself, held that immigration judges (IJs) may dismiss or terminate removal proceedings only where the regulations expressly allow or if the charges of removability against a respondent have not been sustained. Do You Need To Provide Tax Returns To File for Naturalization? 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. Your witnesses might talk about your good moral character as a way to support your stay in the country. 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. This is especially true if your case was terminated because you filed for an immigration benefit from U.S. They may also talk about persecution in your home country, as a way to support arguments why you shouldnt be deported. An individual hearing may take up to four hours. You dont need to worry about legal action to deport you anymore. You can remain in the country legally, at least for the time being. Ms. S-O-G- conceded removability and indicated that she intended to apply for immigration relief. Motions to terminate are an increasingly essential litigation tool for immigration attorneys representing immigrants in immigration court. Pro: Another reason to file for termination is if a client qualifies for an immigration benefit or relief outside of the court or is eligible for naturalization. If you need a consultation regarding a criminal charge in connection with your Immigration case, please call us at 917 885 2261 or . Fourth, this document might list a date and time for your first hearing. 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. Citizenship and Immigration Services (USCIS). Finality of order. You become a legal permanent resident unless you commit . Application of new procedures or termination of proceedings in old proceedings pursuant to section 309 (c) of Public Law 104-208. This is called an affidavit of support. Then, a master calendar hearing is held, followed by an individual hearing. 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. Immigration removal proceedings can be complicated, but help is available. at 272. Deportation is not an automatic process. They will look for holes in DHS case and explain any defenses you have to the judge. 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). Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. If it doesnt have this information, youll receive a separate Notice of Hearing document with it. A motion to terminate proceedings will point out all the reasons the government's case is wrong. DHS attorneys have the option to reopen closed cases down the road. The Department of Homeland Security (DHS) prosecutes, arrests, and detains respondents in deportation proceedings. The NTA is important. This is part of the Department of Justice. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. An immigration removal proceeding is a legal action that decides whether someone should be removed, or deported, from the United States. Removal proceedings where the respondent has a credible fear of persecution or torture. His practice is limited to immigration and small business. The Fourth Circuit held that the plain language of the regulations confers on IJs and the BIA the inherent authority to terminate removal proceedings. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. You can file this motion as soon as you receive an NTA or at a later point in your case. At Dominguez Law Firm, PLLC we pride ourselves in providing honest and clear immigration advice and are happy to help if you find yourself in a situation similar to this or need help with any other immigration matter. They should ask for a briefing schedule and the IJ will usually then set dates for the motion and any opposition to be filed. Then, the DHS lawyer will ask you questions. You might also need to apply for a work permit if you dont have one already. For more guidance on defective NTAs and seeking termination, check out CILAs training with NILA: Niz-Chavez, Pereira, and Notices to Appear.. You dont need to worry about legal action to deport you anymore. 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. delay, dismiss, or terminate proceedings where . The NTA serves many functions like explaining why the government thinks the respondent may be deportableand gives notice to the respondent. Please send your general immigration questions to AttorneySethna@immigration-america.com. Finally, the NTA will tell you your rights for the hearing. Youll need to take an oath swearing that you will tell the truth. I got my I-130 approved by USCIS in January 2021 after an interview and received the notice a month after saying my I-485 is administratively closed due to the pending Proceedings. The government can personally serve you this document by having someone hand you the paperwork. We are the Childrens Immigration Law Academy (CILA), an expert legal resource center created by the American Bar Association (ABA). Questions and inquiries can be sent to national@cliniclegal.org. 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. Over the past few months I have been contacted by two separate clients who had a petition from a family member or employer approved. 1239.2(c) where DHS moves to dismiss a notice to appear. Con: Children do not accrue unlawful presence, and even once they turn 18, they will not accrue unlawful presence if they have submitted an asylum application. If DHS can prove the facts are true, they will argue that these laws mean the immigration judge should remove you. When a respondent does not concede removability and instead denies the allegations and charges, termination is appropriate if DHS cannot meet its burden. Responses to motions to reopen are due within ten (10) days after the motion was received by the immigration court, unless otherwise specified by the immigration judge. PD may still be an available option to practitioners. Attorney General Decision Restores Ability of Immigration Judges to Terminate Removal. 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. 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. 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"). 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.. Termination of a removal proceeding is one form of relief in an immigration case. Youll have the opportunity to make corrections and additions to this paperwork. 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. 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. Unfortunately, on June 10, 2022, the U.S. District Court for the Southern District of Texas issued a final judgment vacating the Mayorkas Memo. Website by The Marketer Attorney a division of Design106Creative Studio. Hello, i have a current removal proceedings order, but married to an american citizen with an approved application from my spouse requesting to change my status. 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. Do not skip this hearing. Your witnesses might talk about your good moral character as a way to support your stay in the country. 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 . When a case is terminated, its removed from immigration court. 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). This is called granting their motion in absentia. An immigration attorney who files a motion to terminate will normally deny the governments charges at the initial master calendar hearing and inform the IJ that they plan to file a motion to terminate. 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