If you are facing removal proceedings (deportation), you may be able to file a motion to terminate your case. A motion to terminate asks the immigration judge to end the proceedings due to a legal or procedural issue, such as incorrect charges or errors in how the case was filed. It’s filed directly with the immigration court and must explain why the case should not move forward. There are different ways to ask a court to end removal proceedings, but a motion to terminate is a motion that you and your attorney file. The government may agree, oppose, or take no position on your motion to terminate.
While other forms of relief from deportation—such as family-based petitions through U.S. Citizenship and Immigration Services (USCIS), asylum, Special Immigrant Juvenile, et cetera—might apply to your situation, they do not automatically stop removal proceedings.
Immigration proceedings and related applications are often complex and highly case-specific. Immigration laws are strict, with narrow guidelines for permitting non-citizens to remain in the United States. Experienced New Hampshire immigration lawyers can coordinate legal filings in your court case and position you to pursue all available forms of relief.
What are removal proceedings?
Removal proceedings are the legal process used to decide whether a non-citizen can remain in the United States or must be deported. The process typically begins when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA) and files it with the immigration court. The NTA outlines the government’s allegations, specifying the factual and legal grounds it believes justify your removal.
Your case will start with a master calendar hearing before an immigration judge. At this hearing, the judge explains the charges, reviews your rights, and sets deadlines for your case. The judge does not decide the outcome at this stage but does determine how the case moves forward. It is critical to attend your master calendar hearing. Failing to do so may result in an absentia order of removal/deportation.
If you believe the charges are legally or factually incorrect – or if you’ve become eligible for immigration relief or lawful status through USCIS – you may be able to file a motion to terminate removal proceedings. This motion asks the immigration court to end the removal/deportation case so that you may pursue other forms of relief.
Steps to file a motion to terminate removal proceedings
To file a motion to terminate removal proceedings, you must submit a written request to the immigration court handling your case. The motion should clearly explain the legal reason(s) your case should be ended and include any available supporting evidence. Most motions to terminate include:
- A written argument explaining the legal or procedural issue
- References to applicable immigration law or prior decisions
- Supporting documents, such as your Notice to Appear or other case records
- Proof of service showing the government received a copy of the motion
Some more recently begun cases allow motions to be filed electronically, while older cases tend to require paper submissions. The motion must comply with immigration court filing rules and any deadlines set by the judge. Missing these deadlines can result in delays or denial, but an experienced immigration attorney can help you stay on track.
What can I expect at the termination of the removal proceedings hearing?
After you file a motion to terminate, the immigration judge will review your request and any response from the government. In some cases, the judge may decide the motion based on the written filings, issuing a decision electronically or through the mail. In others, the motion may be addressed during a scheduled court hearing.
If the judge agrees that the charges are legally or factually flawed, then the case might be terminated. This means the current removal proceedings end based on the issues raised in your motion. For example, if the Notice to Appear was not properly filed with the immigration court or contains legal defects, the judge may terminate the case because the proceedings were not correctly initiated.
Termination of a case doesn’t grant legal status or prevent the government from bringing new charges in the future. An experienced immigration lawyer can help evaluate the significance of termination and assess future immigration options.
Get the help you need to file a motion to terminate removal proceedings
Filing a motion to terminate removal proceedings requires a clear legal argument and supporting evidence. An immigration attorney can review your case and identify any potential legal or procedural issues. We can help you prepare a motion that meets the requirements of immigration court.
The New Hampshire immigration lawyers at Shaheen & Gordon can help you evaluate your options and represent you throughout your case. We stay up to date on the rapid-fire changes to immigration law and explain what to expect at each stage of the process.
Call our firm today at (800) 451-1002 or contact us online to discuss your situation during a consultation.
