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When Can I File a Motion to Terminate or Administratively Close My Removal Proceedings, Part I.

For the poor unfortunate immigrant who finds themselves in removal proceedings, the process can be scary, confusing, and heartbreaking. Many immigrants are so intimidated by the removal process that they purposely fail to appear for court. The worst thing you can do if you are an immigrant who finds yourself in removal proceedings is not to show up. The best thing that you can do is hire an experienced immigration attorney who can review your case, explain your rights, and fight for you to be able to stay in the United States.

Once your are in removal proceedings, two of the ways that an an experienced immigration attorney can protect you from removal are to terminate the removal proceedings against you, or to administratively close them. Each action has a different outcome and different reasons to chose that strategy; however, each one can protect you from removal.

There are two general reasons to pursue a motion to terminate removal proceedings. One, is because the law says you can, the other is because the Government has a policy that says you can.

By law, if you are a U.S. Citizen, ICE (Immigration and Customs Enforcement) cannot detain you or remove you from the United States. Therefore, if you are a U.S. Citizen, you can file a motion to terminate the removal proceedings brought against you.

If you are a lawful permanent resident (green card holder) and you are eligible to naturalize (become a U.S. Citizen), you can try to terminate removal proceedings to pursue your naturalization.

The Government must be able to prove the removal case against you with evidence. If the evidence or facts the Govenrment is trying to use against you is insufficient, your attorney can file a motion to terminate removal proceedings because the Government cannot prove their case.

Once your removal case is terminated, you are no longer in removal proceedings and usually, the Government cannot remove you. However, the Government can sometimes serve you a new Notice to Appear (charging document) with new or different factual allegations or evidence and try to remove you again. To avoid this, if you are a Lawful Permanent Resident you should try to naturalize and become a U.S. Citizen as soon as possible. As soon as you become a citizen, ICE can no longer put you in removal proceedings.

The experienced immigration attorneys at Shorstein, Lasnetski & Gihon can help you if you are in removal proceedings. We can fight to help you stay in the United States. If you are a Lawful Permanent Resident, we can also help you try to become a U.S. Citizen. Call us today for a free consultation.