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  • DUE PROCESS IN REMOVAL PROCEEDINGS

    RIGHT TO A FULL & FAIR HEARING An alien who faces removal is entitled to a full and fair removal hearing under both the Act and the Due Process Clause of the Fifth Amendment. See Santos-Alvarado v. Barr, 967 F.3d 428, 439 (5th Cir. 2020) (“The Fifth Amendment’s Due Process Clause protects individuals in removal…

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  • Aggravated Felony

    Aggravated Felony

    Aggravated felonies are defined at 8 USC § 1101(a)(43), which lists dozens of common-law terms and references to federal statutes. Aggravated felonies (“AF”) are the convictions with the most serious immigration consequences for a noncitizen. Noncitizens who have been convicted of an AF are prohibited from receiving most forms of relief from deportation, including asylum,…

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  • What Circuit’s Case Law is Controlling?

    What Circuit’s Case Law is Controlling?

    The Circuit Court with jurisdiction over the geographical location of the Immigration Court will control. See Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction…

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  • Arriving Aliens

    DEFINITION OF ARRIVING ALIEN The regulations define “arriving alien” at 8 CFR §1001.1(q): The term arriving alien means an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and…

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  • Administrative Closure

    Administrative Closure Administrative closure can be requested by either the government or the respondent. It may be offered by the government when they prefer not to take testimony or where there potential issued regarding whether someone should receive asylum or another form of relief. This may occur if there are issues with jurisdiction, timeliness, or…

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  • Motion To Terminate

    Termination of Proceedings Proceedings may only be terminated when there is a legal basis for doing so. A motion to terminate asks an Immigration Judge to end the proceedings by alleging that the government’s charges are substantively or procedurally defective. The Immigration Judge’s authority to terminate proceedings are limited by regulations 8 CFR § 1003.10(b) and 8…

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  • Notice to Appear (NTA)

    Notice to Appear (NTA)

        A Notice to Appear (“NTA”) initiates removal proceedings by informing the immigrant respondent that they must appear in Immigration Court on a specific day to answer to a charge of removeability.     An NTA is issued as a standard DHS form, Form I-862. The statutory requirements of an NTA can be found at INA…

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  • Right to be Put Into Removal Proceedings to Seek Relief

    Does a foreign national have the right to be put into removal proceedings in order to seek relief from removal, such as cancellation of removal? No. “A noncitizen has no right to be placed in removal proceedings by DHS for the purpose of seeking relief. See Matter of Andrade Jaso and Carbajal Ayala, 27 I&N…

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  • Withholding of Removal

    For nearly a century, the United States has upheld a fundamental promise: no person shall be deported to a country where they would face persecution. In line with laws enacted to honor this commitment, tens of thousands of individuals seek protection in the United States each year. The majority of these individuals apply for asylum.…

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  • Immigration Judge WebEx Links

    Immigration Judge WebEx Links

    The list below [See updated here] has the link to the WebEx virtual Courtroom of each of the Immigration Judges in New York and a link to the full list of all the Immigration Judges in the US. There is also a dial-in number for each Immigration Judge for those who do not have access…

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  • Virtual Hearing Guide

    See our full WebEx Virtual Hearing Guide here. The Department of Justice has several tables on their website which contain all the webex links for every Immigration Judge (throughout the country, I’m only focusing on New York). You can find that official master list of links at https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings. If your hearing notice states that you have a virtual…

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  • What If I Missed My Hearing?

    What If I Missed My Hearing?

    If you missed an immigration court hearing, you most likely received a removal order for being absent (an in absentia removal order). You can take to try to reopen your case but it is important that you file a motion to reopen as soon as possible. You are obligated to act as soon as you learn that…

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