Can an immigration case be dismissed?

Not Only a Police Record Could Ruin Immigrant's Chances of Obtaining U.S. UU. Citizenship, could make the person deportable from the United States. Fortunately, the court's dismissal makes future immigration problems much less likely, because it means that the judge has determined that there is no cause to go further with the case.

Terminating motions are an increasingly essential litigation tool for immigration lawyers representing immigrants in court. Broadly speaking, a termination motion can provide significant strategic advantages, especially for immigrants with criminal convictions, and provides a rare opportunity to get the government (DHS) to shoulder its burden of proof. A motion to end asks an immigration court to “end” (i, e. Although the government can amend an NTA even after a motion to terminate is granted, there are many cases where the government will not be able to do so due to a legal deficiency or perhaps because of a lack of resources.

All cases in removal proceedings must begin with the evaluation of an immigration attorney to determine if the case merits the filing of a motion to terminate. Motions to Terminate can be based on a number of different grounds, including an improperly served notice to appear (NTA); an erroneous statement of facts in the NTA or other inconsistency between the facts and the charge; eligibility for an immigration or naturalization benefit; or a legally deficient charge of DHS. A motion for rescission can be filed at any time during the removal process. However, it is usually best to file a motion to terminate before alleging the allegations in the NTA.

An immigration lawyer who files a motion to terminate will normally dismiss government charges at a scheduled initial hearing and inform the immigration judge that he plans to file a motion to terminate. The reason this moment of denial is critical is that, at this stage, it is when the government (DHS) has the burden of proving its position with the standard of “clear and convincing evidence”, a relatively high standard to achieve. Successfully litigating many rescission motions. Some attorneys can admit charges to the NTA if their client has a strong claim for benefits or compensation available to them.

Our office will not admit charges that cannot be sustained under the law. This strategy results in faster solutions to an otherwise highly stressful process. Flagler Street. HOW TO GET YOUR GREEN CARD WITH TPS Apply for Citizenship with Arrests or Summons Voting by Accident and Citizenship.

The reason for this “Backlog Reduction Initiative” is that there are more than 1.5 million cases pending in immigration courts, and that by dismissing certain cases, DHS could reduce the backlog. We recognize the complexities faced by immigrants and work to find appropriate and realistic solutions for each individual's unique situation. Removal proceedings are hearings that are held before an immigration judge to determine if a person can remain in the United States. Wilkes Legal, LLC Attorneys Work at the Forefront of Immigration Law to Provide Clients with Effective, Comprehensive, and Innovative Deportation Defense Strategies.

If a suppression motion is granted and the government is prevented from using the evidence in question, the government lawyer may not be able to prove your case and may have to ask the immigration judge to end the deportation process. A “Motion to Suppress” can be filed during the removal process to ask the immigration judge to exclude evidence obtained by federal immigration officials in violation of the U. An Austin immigration lawyer, Immigration Lawyers in Austin, TX, can help you determine how a motion for termination can benefit you or your family. Only an experienced immigration lawyer can properly advise you on the true consequences and impact of your criminal immigration charge.

A person can challenge mandatory detention if they believe it was imposed in error by requesting a hearing before an immigration judge. Petitioners filing an appeal must affirm and prove that the USCIS or the immigration judge made a mistake in reaching their decision. The standards for canceling deportation are high and immigration judges have a lot of discretion when evaluating applications. Citizen, in the immigration process, now or want to be in the future, and facing criminal charges, contact STERN Law, LLC.

Hopefully the government will do more to reduce backlogs not only in immigration courts, but also in USCIS and embassies around the world. Immigration Officer Files “Notice to Appear” Including Charges Against Person in Immigration Court. . .

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