Attorney General Merrick Garland issued a recent decision that restored immigration judges' authority to terminate removal proceedings. You can present this information to the immigration judge during your individual hearing. Written by Amelia Neimi. 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. 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. This guide will give you instructions. 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. With administrative closure, a case is removed from a courts calendar but remains open indefinitely. An immigration attorney discusses what happens after your cancellation of removal request is either granted or denied. Prosecutorial discretion does not confer any benefits other than avoiding deportation, and you will not receive permission to work in the U.S. unless you qualify for a work permit independently. The judge will explain their reasons for issuing this order. 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). If you can, find documents that show that DHS facts were wrong. The clients were unable to move forward due to their pending cases before the Immigration Judge. See, e.g., 8 CFR 214.11(d)(1)(i), 214.14(c)(1)(i), (f)(2)(i). Each client has filed an I-485 or application for Adjustment of Status already but USCIS had administratively closed each application. 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 not, the LPR should not be in removal proceedings and the advocate should move the immigration judge to terminate the removal proceedings. Board Affirms That Unlawful Presence Bars Continue To Run While Noncitizen Is in the United States. This process typically begins when someone receives a Notice to Appear. First, it will list your name, date of birth, A-Number, and contact information. They can also send it to your attorney or your last known address. If your removal proceedings are terminated, you can breathe a sigh of relief. What if I Have a Pending Petition With USCIS? Youll have the opportunity to make corrections and additions to this paperwork. 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.. The court reviews de novo claims of due process violations. (b) [Reserved] (c) Motion to dismiss. However, the decision also held that the IJ can terminate proceedings if it is expressly authorized by (1) 8 C.F.R. delay, dismiss, or terminate proceedings where . Citizenship and Immigration Services (USCIS). Keep track of any mistakes in it, especially if youve been named in someone elses case. This article explains each step of the proceeding process in detail, including when, how, and why a judge may terminate a removal proceeding. 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. A motion to terminate proceedings will point out all the reasons the governments case is wrong. Immigration judges who fail to meet case quotas and performance standards risk facing disciplinary action including termination. You might also need to apply for a work permit if you dont have one already. 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. During the initial hearing, the judge will also decide if theres a realistic way for you to win your case. 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. Immigration attorneys often file a motion to terminate removal proceedings in deportation cases. At an immigration removal proceeding, an immigration judge decides whether someone may stay in the United States. They can do so by filing an affirmative request with OPLA following local guidelines. The Department of Homeland Security (DHS) prosecutes, arrests, and detains respondents in deportation proceedings. Then, a master calendar hearing is held, followed by an individual hearing. At the initial hearing, youll spend a few minutes in front of the immigration judge. 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910 Citizenship and Immigration Services (USCIS) for which they are eligible . The distinction is that termination carries a finality to it while closure is more of a temporary measure. Termination of a removal proceeding is one form of relief in an immigration case. This is called granting their motion in absentia. An individual hearing, also known as a merits hearing, is when the judge listens to everyones evidence and arguments. Include a letter explaining that you had an immigration court case and that it was dismissed. Upon approval of an application for T nonimmigrant status, an applicant who is the subject of an order of removal, deportation, or exclusion issued by an immigration judge or the BIA may seek cancellation of such order by filing a motion to reopen and terminate removal proceedings with the immigration judge or the BIA, whichever is appropriate. Do You Need To Provide Tax Returns To File for Naturalization? Youll need to file Form I-130, which includes proof of a relationship with your sibling or another eligible family member. 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. When a case is terminated, its removed from immigration court. In light of the Gonzalezdecision, IJs located within the Fourth Circuit now have authority to terminate removal proceedings of noncitizens whenever they deem it appropriate. 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. The pressure of case quotas can feel ever-present to an immigration judge. Due to existing court backlogs, the process for hearing and deciding these asylum cases currently takes several years on average. By Andrew R. Arthur on September 23, 2018. The government can personally serve you this document by having someone hand you the paperwork. 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). The first hearing should be at least 10 days after the NTA. Advocates can still rely on the principles and arguments outlined in the memos, which can be helpful on an instructive basis. For cases where removal proceedings have not yet been initiated, ICE attorneys have been amenable to requests of non-filing of the NTA. Id. Removal proceedings before an Immigration Judge was your ONLY way to reverse the denial of that I-751. 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. 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. Each such motion must be . If you are a CLINIC affiliate, be sure to regularly use your benefits. 1240.12(c). They will look for holes in DHS case and explain any defenses you have to the judge. 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. 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. Alternatively, if youre applying for an adjustment of status by requesting a family-sponsored green card, youll need to continue with this process. 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. 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. 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. 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. When a respondent does not concede removability and instead denies the allegations and charges, termination is appropriate if DHS cannot meet its burden. See subsection (e), below. Andrea Farrell Apr 4, 2022. 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. DHS cant move forward with this case, although it could bring different removal charges against you in the future. They can also send it to your attorney or your last known address. 1003.23(b)(1).11. Talk to an experienced immigration attorney with our. Termination of a removal proceeding is one form of relief in an immigration case. 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. Being ordered deported means that either an immigration judge or an immigration officer has determined that you are not permitted to remain in the United States and ordered your departure. The second and more important memo for childrens immigration advocates is the Doyle Memo, which clarifies that even if a respondent fits into one of the categories outlined in the Mayorkas Memo, there can still be mitigating factors that weigh in favor of declining enforcement against the respondent. Now, as a U.S. citizen, the cas. The AG affirmed the BIAs decision in Ms. S-O-G-s case that dismissal of removal proceedings pursuant to 8 CFR 1239.2(c) was appropriate. They are insisting on having persons wait to proceed in court rather than before USCIS. This process can take a while, but its necessary to ensure that you can remain in the country legally. The clients were unable to move forward due to their pending cases before the Immigration Judge. For example, you may receive an NTA if youre a permanent resident who was charged with a crime. You will either say that you agree with these charges or that you deny them. This is a very important decision, because it dovetails with the overruling of a particularly limiting case, Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) [which prevented immigration judges from terminating immigration proceedings]. When a case is terminated, its removed from immigration court. 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. The memo encourages immigration judges to send scheduling orders to the parties before a hearing, asking their positions on administrative closure. The immigration judge may also have some questions for you. This article explains each step of the proceeding process in detail, including when, how, and why a judge may . 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. First, it will list your name, date of birth, A-Number, and contact information. 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, B. R. v. Garlandheld that this improper service can be cured if DHS later perfects service before substantive removal proceedings begin. However, unlike in criminal court, the government doesnt give people facing immigration removal proceedings a free lawyer. 1239.2(f), where a respondent is eligible for naturalization, has a pending naturalization application, and has exceptionally appealing or humanitarian factors in their case, and (2) under 8 C.F.R. The judge can also decide to keep your case going. Every child deserves representation.Get involved. 2021) ; Grigoryan, 959 F.3d at 1239 ; Liu v. Holder You can present this information to the immigration judge during your individual hearing. For example, In re Rosa Mejia-Andino upheld termination of proceedings because the parents of minor respondent under the age of 14 had not been served with the NTA even though they were living in the U.S. That such an unexceptional order is necessary demonstrates significant issues . Attorney General Merrick Garland issued a recent decision that restored immigration judges fail. 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