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 __________________
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related searches
- united states department of education
- united states department of education we
- united states department of education website
- united states department of treasury
- united states department of energy
- united states department of finance
- united states department of education forms
- united states department of the treasury irs
- united states department of education accreditation
- united states department of insurance
- united states department of the treasury organization
- united states department of education student loans