UNITED STATES DEPARTMENT OF JUSTICE



RESPONDENT’S ATTYS NAME [NON-] DETAINED

LAW FIRM (IF ANY)

ADDRESS

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

DALLAS, TEXAS

In the Matter of: )

)

[Respondent’s Name] ) File No.:

) [A xxx xxx xxx]

)

In Removal Proceedings )

Immigration Judge: [IJ NAME] Next Hearing: [date, time ]

JOINT MOTION TO TERMINATE WITHOUT PREJUDICE TO PURSUE ADJUSTMENT OF STATUS WITH USCIS

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

DALLAS, TEXAS

In the Matter of )

)

)

) In Removal Proceedings

)

[Respondent’s Name] )

A xxx-xxx-xxx )

JOINT MOTION TO TERMINATE WITHOUT PREJUDICE TO PURSUE ADJUSTMENT OF STATUS WITH USCIS

The Department of Homeland Security (DHS) and the Respondent respectfully move that this court dismiss this proceeding as a matter of prosecutorial discretion under 8 CFR §1239.2(c), 8 CFR §239.2(a)(6) (“the notice to appear was improvidently issued.”) and 8 CFR §239.2(a)(7) (“circumstances have changed after the notice to appear was issued to such an extent that continuation is no longer in the best interest of the government.”) More specifically, the Respondent has demonstrated to the satisfaction of DHS after the issuance of the Notice to Appear that the Respondent is eligible to seek adjustment of status before United States Citizenship and Immigration Services (USCIS) and for such reason, it is not in the best interest of DHS to proceed with this case in removal proceedings.

Both undersigned parties acknowledge that nothing in this motion constitutes agreement to grant or bestow any immigration benefit, including adjustment of status, upon the respondent. This agreement is solely to allow the respondent to seek adjustment before USCIS rather than the Immigration Court. Furthermore, nothing in this agreement constitutes res judicata or collateral estoppel on the part of either party regarding the removability of the respondent from the United States, or respondent’s entitlement to relief from removal. See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396 (1990) (holding that dismissal or termination of proceedings without prejudice is not an adjudication of the merits of the case and thus does not invoke res judicata principles).

DHS reserves the right in any potential future hearings (if immigration proceedings are again instituted against the respondent or if the Immigration Judge declines to grant this motion) to argue all issues regarding eligibility and discretion for any form of relief from removal, including adjustment of status, and DHS is not expressing any opinion regarding the claims made by the respondent in any attached or supporting documents filed with this motion by the respondent. DHS merely agrees that the respondent has provided the basic eligibility information and documentation to seek adjustment of status before USCIS, and thereby agrees to allow the respondent to seek adjustment of status before USCIS.

WHEREFORE the respondent, through counsel, and DHS jointly move that this proceeding be terminated, to allow the respondent to pursue adjustment of status with USCIS.

Respectfully submitted

______________________________

[Name of Assistant Chief Counsel]

Assistant Chief Counsel

U.S. Department of Homeland Security

125 East John Carpenter Fwy, Ste. 500

Irving TX 75062

972-373-2300

Date signed by Assistant Chief Counsel

_______________________________

_______________________________

Respondent’s Attorney Name

Law Firm-If Any

Address of Attorney

Date signed by Respondent’s Attorney

_______________________________

[Respondent’s Name]

A xxx xxx xxx

CERTIFICATE OF SERVICE

On today’s date I served a copy of this Joint Motion to Terminate without Prejudice to Pursue Adjustment of States with CIS and any attached pages first class mail to:

[Name of Assistant Chief Counsel]

Office of the Chief Counsel

125 East John Carpenter Fwy, Ste. 500

Irving TX 75062

Date: ________________________ ______________________________

[Respondent’s Attorney or Staff]

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

DALLAS, TEXAS

In the Matter of: [Respondent’s Name] A Number: xxx xxx xxx

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of this Joint Motion to Terminate without Prejudice to Pursue Adjustment of Status with USCIS, it is HEREBY ORDERED that the motion be

 GRANTED  DENIED because:

□ Good cause has been established for the motion.

□ DHS does not oppose the motion.

□ The respondent does not oppose the motion.

□ A response to the motion has not been filed with the court.

□ The court agrees with the reasons stated in the opposition to the motion.

□ The motion is untimely per: _______________________.

□ Other:

_________________________ _____________________________

Date [Name of IJ]

Immigration Judge

Certificate of Service

This document was served by: [ ] Mail [ ] Personal Service

To: [ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Atty/Rep [ ] DHS

Date: __________________ By: Court Staff __________________

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