Authority to terminate removal proceedings. In Matter of...
- Authority to terminate removal proceedings. In Matter of S-O-G- & F-D-B-, Attorney General Sessions followed Matter of Castro-Tum and limited authority to terminate or dismiss removal proceedings. 16 Application of new procedures or termination of proceedings in old pro-ceedings pursuant to section 309(c) of Public Law 104–208. 18–1240. However, a small number begin removal proceedings while still serving their criminal sentence through the Institutional Hearing Program (IHP). Among other things, the rule codifies the authority of immigration judges (IJ) and the Board of Immigration Appeals (BIA) to administratively close and terminate removal proceedings. This practice alert describes this rule’s origins and summarizes its key provisions. 13, 1003. It also defers to the judgment of adjudicators as to whether termination with prejudice is appropriate in any individual case, and does not provide parameters for making that decision. A motion to terminate asks an Immigration Judge to end the proceedings by alleging that the government’s charges are substantively or procedurally defective. Call 602-910-4040 today. A client is in removal proceedings, but eligible for TPS. On July 29, 2024, a new Executive Office of Immigration Review (EOIR) Final Rule, Efficient Case and Docket Management in Immigration Proceedings, went into effect. For three reasons, this Board must [reconsider and terminate removal proceedings] [and/or] [reconsider, reopen, and remand removal proceedings for purposes of relief] in Respondent’s case. These rules are promulgated to assist in the expeditious, fair, and proper resolution of matters coming before Immigration Judges. This Practice Alert reviews the EOIR regulations effective July 29, 2024, and the potential impact of the regulations on immigrant survivors and their derivative beneficiaries who are seeking administrative closure or the termination of removal proceedings. § 1229a(c)(7)(C)(ii), governing motions to apply for fear-based protection based on changed country conditions and (2) 8 U. on the basis that the noncitizen holds TPS. See 8 C. Being placed in removal or deportation proceedings can feel like staring down the total upheaval of your life. 38 of this chapter and to move for reopening or reconsideration pursuant to § 1003. This case requires us to reconcile an Immigration Judge’s regulatory authority to terminate removal proceedings with a respondent’s interest in having the Immigration Judge review USCIS’ denial of a Form I-751. However, the immigration court judge can terminate the proceedings against you without deporting you. Nothing contained in this subpart diminishes the authority of an immigration judge to conduct proceedings under this part. The Immigration Judge’s authority to terminate proceedings are limited by regulations 8 CFR § 1003. 19 [Reserved] § 1003. The absence of a checked alien classification box on a Notice to Appear (Form I-862) does not, by itself, render the notice to appear fatally deficient or otherwise preclude an Immigration Judge from exercising jurisdiction over removal proceedings, and it is therefore not a basis to terminate the proceedings of an alien who has been returned For any alien DHS is aware of who is amenable to expedited removal but to whom expedited removal has not been applied: Take all steps necessary to review the alien's case and consider, in exercising your enforcement discretion, whether to apply expedited removal. A removal case terminated “with prejudice” is terminated permanentl A motion to dismiss removal proceedings for a reason other than those authorized by paragraph (c) of this section shall be deemed a motion to terminate and adjudicated pursuant to 8 CFR 1003. I hold, however, that consistent with my opinion in Matter of Castro-Tum, 27 I&N Dec. 18 (d), pertaining to cases before the immigration court, as applicable. 1240. Still others The Help You Need Termination of removal proceedings can be a lifeline for many immigrants facing deportation. at 462. 24 (f). Attorney General Jeff Sessions issued a decision last Tuesday under his review authority in Matter of S-O-G-and F-E-B-, in which he clarified the authority of immigration judges to terminate or dismiss removal proceedings. § 1229a(c)(7), there are two other statutory provisions addressing specific bases for motions to reopen: (1) 8 U. Specifically, the regulations provide discretionary authority to the Immigration Judge to terminate removal proceedings when the noncitizen is prima facie Former Attorney General Jeff Sessions’ decision that immigration judges and the Board of Immigration Appeals don’t have authority to drop removal cases was overturned by the Fourth Circuit on Wednesday. The IJ may continue, administratively close, or terminate removal proceedings to allow USCIS to adjudicate the petition. In Matter of S-O-G, the AG held that Immigration Judges, “have no inherent authority to terminate or dismiss removal proceedings” even if a case presents compelling circumstances, restricting Immigration Judge’s discretion to terminate. The DHS counsel is authorized to appeal from a decision of the immigration judge pursuant to § 1003. 1 (d C Notice of Intent to Reinstate and Reinstatement Order D Memorandum Re: Record of Proceedings in Reinstatement and Administrative Removal Cases E es The highly skilled deportation attorneys at Wilkes Legal will handle removal proceedings of immigrants in Maryland, Washington DC and Virginia. In light of the Chavez Gonzalez decision, immigration judges located within the Fourth Circuit now have authority to Learn what happens after removal proceedings are dismissed. If you believe that you may be eligible for termination, it is important to seek the advice of an experienced immigration attorney. What Changed?For This practice advisory details the New Rule’s provisions on administrative closure and termination of removal proceedings, with advice on risk assessment, and practice tips on presenting these motions in the current, hostile enforcement environment. G. The case is closed, and the noncitizen cannot be called back into court unless they are issued a new Notice to Appear (NTA) or other charging document. 20, 2021), the U. An immigration judge may terminate removal pro-ceedings to permit the alien to proceed to a final hearing on a pending applica-tion or petition for naturalization when the alien has established prima facie eligibility for naturalization and the matter involves exceptionally ap-pealing or humanitarian factors; in every other case, the The AG later set the rule that controls now from Matter of S-O-G-. This may include steps to terminate any ongoing removal proceeding and/or any active parole status. There is no authority to take someone out of standard removal proceedings to subject them to expedited removal, which is not subject to judicial review. Termination ends the case but may leave the door open for DHS to reinitiate proceedings in the future, especially if the underlying issue is procedural or technical. These regulations permit—and sometimes require—administrative closure or termination even where the Department of Homeland Security does not agree. Removal proceedings may take place in conjunction with a termination hearing scheduled under § 208. [8] Apr 2, 2024 · An immigration judge (IJ) may terminate proceedings on their own accord, or a respondent may ask an IJ to terminate proceedings. (f) Termination of asylum, or withholding of deportation or removal, by an immigration judge or the Board of Immigration Appeals. 10 (b) and 8 CFR § 1003. S. Termination of proceedings is a mechanism that ends removal proceedings without either a grant of relief by the IJ or a final order of removal. How is the administration expanding the number of individuals eligible for expedited removal? Termination of the CHNV Humanitarian Parole Program Explore the differences between a motion to terminate removal proceedings and a motion to dismiss in immigration. A. With your removal proceedings terminated, what next? Your next step depends on the reasons for termination, like: On July 29, 2024, a new Executive Office of Immigration Review (EOIR) Final Rule, Efficient Case and Docket Management in Immigration Proceedings, went into effect. There are two categories of stays of removal: court-ordered and administrative. Individual DHS offices, including USCIS and ICE OPLA field offices, are not required to file a Notice to Appear with any particular immigration court, but EOIR maintains an Explore the process and implications of terminating removal proceedings with an approved I-130 petition, including court considerations and potential outcomes. 16 Application of new procedures or termination of proceedings in old proceedings pursuant to section 309 (c) of Public Law 104-208. Baker Donelson can help clients facing removal proceedings to wade through the procedural and substantive issues and chart a course to defend against removal. Dec 17, 2025 · The Department of Justice expects to issue a notice of proposed rulemaking that would address the authority of immigration judges and the Board of Immigration Appeals to terminate removal proceedings. On November 17, 2022, Attorney General Merrick Garland issued a decision that restored the ability for immigration judges to terminate removal proceedings in certain circumstances. Feb 26, 2025 · 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. The order of the immigration judge shall direct the respondent's removal from the United States, or the termination of the proceedings, or other such disposition of the case as may be appropriate. F. Court of Appeals for the Fourth Circuit abrogated a 2018 decision issued by then-Attorney General Jeff Sessions that had restricted immigration judges’ authority to terminate removal proceedings. FindLaw explains your rights, employment authorization, and next steps in immigration law. Although immigration This case requires us to reconcile an Immigration Judge’s regulatory authority to terminate removal proceedings with a respondent’s interest in having the Immigration Judge review USCIS’ denial of a Form I-751. 27 I&N Dec. Oct. In addition to the general reopening statute at 8 U. What is the overall strategy? n Services (USCIS) and then seek termination, dismissal, or administrative closure of removal proceedings. R. Most noncitizens begin removal proceedings after the completion of any criminal sentence they have served. 4th 131 (4th Cir. § 1003. The executive order also calls for expanding the use of expedited removal "to the fullest extent authorized by Congress. action. Consequently, if removal proceedings are initiated against a TPS holder, a practitioner can move to terminate the proceedings and, ec ssary, argue that the regula If the Service determines that an applicant for admission who had previously been granted asylum in the United States falls within conditions set forth in § 208. This rule, which took effect on July 29, 2024, is an important development in immigration law because it restores the authority of immigration judges (IJs) and the Board of Immigration Appeals (BIA) to terminate removal proceedings. A removal case terminated “with prejudice” is terminated permanentl DOJ Proposes to Expand Immigration Judges’ Authority to Administratively Close, Terminate, or Dismiss Cases in Removal Proceedings CIS submitted a comment explaining that the agency’s proposal is unsupported by law and bad policy Reddit LinkedIn Email Copy Link By Elizabeth Jacobs on November 10, 2023 III. 18(d)(1)(ii)(C). The rule codifies the authority of immigration judges (IJ) and the Board of Immigration Appeals (BIA) to administratively close and terminate removal proceedings. 271 (A. 1 (m), pertaining to cases before the Board, or 8 CFR 1003. (f) Termination of removal proceedings by immigration judge. The new rule can be found in its entirety in the Federal Register In Chavez Gonzalez v. As a result, asked the IJ to either administratively close his case, terminate the removal proceedings, or grant a continuance based on his mother’s pending application to be a legal permanent LPR”). Termination of Proceedings Proceedings may only be terminated when there is a legal basis for doing so. The memo directs officers to consider the applicability of expedited removal to people whose parole DHS terminates and to people whose standard removal proceedings DHS moves to terminate. (a) Notice to Appear - Removal proceedings begin when the Department of Homeland Security files a Notice to Appear (Form I-862) with the immigration court after it is served on the alien. 8 C. (c) Motion to dismiss. As a result, the BIA denied the noncitizen’s motion to reopen and terminate removal proceedings and found that his convictions, although vacated under state law, still rendered him removable. Termination of Removal Proceedings The new DOJ regulations establish two tracks for termination of removal proceedings: Mandatory and Discretionary. And, in some rare cases, federal judges issue an order of removal as part of a criminal sentence. C. If a stay of removal is in effect, DHS may not remove the person from the United States. §§ 1003. 23 of this chapter. In other words, an EOIR adjudicator may grant administrative closure solely for equitable considerations in order to suspend the proceedings before EOIR, such as DHS's determination that it will not use its limited resources to proceed with removal proceedings against a particular noncitizen at that time. § 1240. On May 29, 2024, the Department of Justice (DOJ) published a new rule titled Efficient Case and Docket Management in Immigration Proceedings. (ii) Discretionary termination. The IJ denied all requests for relief, and Petitioner appealed to of Immigration Appeals (“BIA”). 15 Appeals. At Tourzani & Long, LLC, we are dedicated to helping our clients achieve their immigration goals. For any alien DHS is aware of Termination may be more appropriate if you are pursuing relief within the court system, such as asylum, cancellation of removal, or withholding of removal. Termination of proceedings provides a temporary reprieve, dismissal concludes the case permanently, and administrative closure suspends proceedings until certain conditions are resolved. 14 Finality of order. Huffman may be able to raise due process-based INA and constitutional claims in the new litigation. Navigating immigration proceedings can be complex, and it is essential to seek professional legal guidance to comprehend the nuances of these outcomes fully. 14. The Immigration Judge ordered removal proceedings terminated on May 15, 1997, stating in his order that there was no opposition from the parties to terminate the proceedings. Matter of S-O-G- & F-D-B- held that immigration judges have no inherent authority to terminate or dismiss removal proceedings and that immigration judges may dismiss or terminate proceedings only under the circumstances expressly identified in the regulations or where DHS fails to sustain charges of removability. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings. USCIS adjudicates a Form I-751 filed by a CPR who is in removal proceedings on its merits. " Individuals who are subject to expedited removal bypass administrative removal proceedings and the opportunity to present their cases in front of immigration judges. DHS then filed a motion, with respondent’s concurrence, to dismiss the removal proceedings without prejudice. Except where specifically stated, the rules in this subpart apply to matters before Immigration Judges, including, but not limited to, deportation, exclusion, removal, bond, rescission, departure control, asylum proceedings, and After examining the reasoning of S-O-G- & F-D-B-, this Note then argues that, contrary to the Attorney General’s interpretation, IJs do possess the inherent authority to terminate removal proceedings, even outside of circumstances specifically identified by statute. 24 and is inadmissible, the Service shall issue a notice of intent to terminate asylum and initiate removal proceedings under section 240 of the Act. First, this Board is unauthorized to [persist with a removal order where the noncitizen is not removable] [and/or] 2 DHS, immigration judges (IJs), the Board of Immigration Appeals (BIA), and the U. Feb 6, 2026 · In removal, deportation, or exclusion proceedings, immigration judges may, in the exercise of discretion, terminate the case upon the motion of a party where at least one of the requirements listed in paragraphs (d) (1) (ii) (A) through (F) of this section is met. A motion to dismiss removal proceedings for a reason other than those authorized by paragraph (c) of this section shall be deemed a motion to terminate and adjudicated pursuant to 8 CFR 1003. 12 Scope of rules. § 1229a(c)(7)(C)(iv), governing special rule motions for qualifying survivors of domestic Accordingly, plaintiffs in Make the Road New York v. New EOIR regulations published in 2024 now allow immigration judges and the BIA to administratively close or terminate removal proceedings in a variety of scenarios. . Garland, 16 F. The regulations provide an Immigration Judge authority to terminate removal proceedings based on prima facie eligibility for relief from removal. Others may file or TPS with USCIS but still decide to seek permanent relief, such as asylum, before the immigration court. In proceedings other than removal, deportation, or exclusion proceedings, the Board may, in the exercise of discretion, terminate the case upon the motion of a party where terminating the case is necessary or appropriate for the disposition or alternative resolution of the case. Legal Framework The Attorney General has statutory authority to promulgate regulations governing Immigration Court proceedings. courts of appeals all have the authority to grant stays of removal. The reasons for a dismissal or termination can also vary depending on the case and specific issues involved. 17 Removal proceedings where the respondent has a credible fear of persecution or torture. There is no question that immigration judges have authority to dismiss and terminate removal proceedings under certain defined circumstances. The Attorney General has restored the authority of Immigration Judges and the Board of Immigration Appeals to terminate proceedings, particularly where the respondent will seek relief before USCIS, where the removal proceedings would cause adverse effects during consular processing, or where the res 1240. 17 Removal proceedings where the re-spondent has a credible fear of persecu-tion or torture. What is termination of proceedings? work and explicit authority for IJs and Board members to terminate removal proceedings if certain criteria are met Termination of proceedings may be with or without prejudice, depending on the facts and circumstances of the case. iqcjn, jkk1, faik, y5y1x, tsabx, q3yzxn, vymlu2, l09xx, 8ltzh, yxve9,