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A motion to terminate removal proceedings and a motion to dismiss removal proceedings can both be used to provide relief to individuals facing deportation. However, while these two motions are similar, they are used in different circumstances and are often filed by different parties in immigration cases.
In this blog, we’ll explore what motions to terminate and motions to dismiss are, as well as what situations they may be utilized in. If you are facing removal from the U.S., contact an Arizona deportation defense lawyer at Ybarra Maldonado Law Group today. We’re proud to help individuals remain in the United States without the threat of removal, and are willing to do what it takes to help you achieve the best possible outcome in your immigration case.
Call (602) 910-4040 to schedule a consultation with an immigration attorney on our team today.
What Is a Master Hearing in Immigration Court?
A master hearing, or master calendar hearing, is the first step after the Department of Homeland Security initiates removal proceedings against an individual. After a person receives a Notice to Appear (NTA), they must attend a master hearing, which is a public hearing where multiple people facing removal appear in front of an immigration judge.
In a master hearing, immigration authorities must prove to the judge that the individual can be deported. Usually, this is because they are not a U.S. citizen and because they have broken certain U.S. immigration laws. From there, the judge can set a date for a future individual hearing and address any issues with your upcoming hearing.
What Are Removal Proceedings in Immigration?
In immigration law, a removal proceeding is the legal process in which the government determines whether a non-citizen should be deported from the United States. These proceedings involve a series of hearings before an immigration judge, where the individual can present their case, seek relief, or contest the charges of removability. The judge then decides whether the individual will be allowed to remain in the country or be removed.
How to Stop Removal Proceedings
While removal proceedings can be stressful, there are ways to stop these proceedings and prevent someone from being deported. Two common ways that removal proceedings can be stopped include motions to terminate removal proceedings and motions to dismiss removal proceedings. Below, we’ll go over the differences between the two and how they can help you in your specific situation.
Motion to Terminate Removal Proceedings
A motion to terminate a removal proceeding is a request that can be made to an immigration judge. The motion requests that the judge ends the proceedings against a non-citizen, usually on the grounds that the charges of removability filed against them are legally or factually incorrect, or that the government failed to follow proper procedures.
A judge may terminate the removal proceedings against an individual if they are eligible for a specific immigration benefit through U.S. Citizenship and Immigration Services (USCIS). They may also be eligible for a motion to terminate if the judge grants them lawful status or asylum. This kind of legal motion can be incredibly beneficial for individuals facing deportation and who have been convicted of a crime, since prosecutors use criminal convictions to prove “deportability” under the Immigration and Nationality Act (INA).
Previously, a 2018 legal case, Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018), prevented judges from using their authority to terminate these proceedings, but this was overturned by another immigration case in 2022.
Now, immigration judges and members of the Board of Immigration Appeals may use prosecutorial discretion to terminate removal proceedings under certain circumstances. This allows U.S. immigration courts to focus on more high-priority immigration cases and lessen their backlog of pending immigration cases.
Motion to Terminate Based on Approved I-130 Petition
If you have an approved Form I-130 petition, you may be able to use it to request a motion to terminate. An approved Form I-130 indicates that you have a family relationship, such as with a U.S. citizen spouse, which has been legally recognized. This could make you eligible for citizenship, which would be grounds for a judge to terminate your removal proceedings.
How Long Does It Take to Terminate Removal Proceedings?
The time it takes to terminate removal proceedings can vary widely depending on the specific circumstances of the case, the immigration court’s schedule, and the issues involved in that one case. After a motion to terminate is filed, it may take several weeks to months for the immigration judge to review the motion, hold a hearing if necessary, and issue a decision.
Motion to Dismiss Removal Proceedings
In some cases, the government may decide against pursuing removal proceedings and charges against an individual based on certain grounds. When they do, they file a motion to dismiss removal proceedings. This can allow the removal proceedings to be dropped, even when authorities are able to pursue the removal of that individual.
Normally, the Immigration and Customs Enforcement’s (ICE’s) Office of the Principal Legal Advisor (OPLA), the representative for the U.S. government in that case, or another involved government representative will be the one to file a motion to dismiss removal proceedings.
The government may move to dismiss removal proceedings in situations where the respondent:
- Is a U.S. citizen
- Is not deportable
- Failed to file a timely petition, but their failure was excused
- Is deceased
- Is not in the U.S.
- Received an untimely Notice to Appear
Additionally, if the circumstances of the case have changed, this could be grounds for a motion to dismiss. ICE may dismiss cases that are of low priority, where the individual at risk of being deported is not a threat to national security, a threat to public safety, or a threat to border security.
What Happens at a Dismissal Hearing?
At a dismissal hearing, the immigration judge reviews and considers a motion to dismiss the removal proceedings. Both the non-citizen’s attorney and the government’s attorney may present arguments and evidence supporting their positions.
The judge evaluates whether the grounds for dismissal are valid, which could include procedural errors or lack of sufficient evidence for removability. After hearing the arguments, the judge will decide whether to grant or deny the motion to dismiss, determining if the proceedings will be terminated or continue.
What Happens After a Motion to Dismiss Is Granted?
After a motion to dismiss is granted, the removal proceedings against the individual are formally ended. This means the non-citizen is no longer subject to deportation under the grounds specified in the dismissed case. The individual can then remain in the United States without the immediate threat of removal, though they must still comply with any other immigration requirements or proceedings relevant to their status.
If Your Case Is Dismissed, Will You Get Stopped by Immigration?
If your case is dismissed, the immediate removal proceedings against you are terminated, and you are no longer under threat of deportation based on that specific case. However, this does not grant any new legal status or immunity from future immigration enforcement.
You could still be stopped by immigration authorities if there are other issues with your status or if new grounds for removal arise. It’s important to maintain compliance with all immigration laws and address any outstanding issues to avoid future complications with U.S. immigration courts.
Administrative Closure
In immigration proceedings, administrative closure is a legal procedure in which the court decides to put a pause on certain removal proceedings against an individual facing deportation. Administrative closure is often used when there are factors outside the control of the individual or when other legal processes need to be resolved before proceeding with the deportation case.
What Does It Mean When a Case Is Administratively Closed?
When a case is administratively closed, it means that deportation or removal proceedings have been temporarily halted by the immigration judge or the Department of Homeland Security. This action removes the case from the active docket, providing a pause in the proceedings.
While similar to a motion to terminate, administrative closure does not put an end to a deportation case, it simply puts it on hold for the time being.
You Had Your Removal Proceedings Dismissed – What Next?
After having your removal proceedings dismissed, your immediate concern shifts from the threat of deportation to addressing any remaining immigration issues and maintaining compliance with immigration laws.
Depending on your circumstances, you may explore options for adjusting your immigration status, resolving any outstanding legal matters, or pursuing relief or immigration benefits available to you. The Phoenix immigration lawyers at Ybarra Maldonado Law Group can guide you through the next steps of the immigration process and ensure you have the best chance of achieving your immigration goals.
Contact the Phoenix Immigration Lawyers at Ybarra Maldonado Law Group Today
If you’re facing immigration challenges or seeking guidance on how to navigate U.S. immigration law, reach out to the experienced immigration lawyers at Ybarra Maldonado Law Group. We can help you understand how a motion to dismiss or terminate your removal proceedings could benefit you, as well as help file a motion to terminate on your behalf. We can also represent you during your immigration court proceedings, protecting your rights throughout the process.
Whether you’re pursuing family-based immigration, seeking asylum, or facing deportation proceedings, we are here to offer compassionate support and strategic guidance every step of the way. If you’re ready to take control of your immigration journey and secure your future in the United States, contact us today to schedule a free consultation with an attorney on our team.
Call (602) 910-4040 or contact us via our online form to schedule your free consultation.
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