Understanding immigration law can be tough, especially when it comes to knowing what might happen in immigration cases. If you are interested in closing your case, there are three ways which you can do so. The three ways are called:
Termination of proceedings
Dismissal of proceedings
Administrative closure of proceedings
Although these terms might seem similar initially, each one requires different arguments and carries different consequences. It’s important to understand the differences between them because you must know which one suits your situation best. On the surface, they all indicate the same thing: that your current case in immigration court is completed, and deportation won’t occur. However, it’s the future repercussions that set them apart from one another.
Today, we’re going to talk about what makes these terms different and why they matter when dealing with immigration cases.
Termination of Proceedings: What Is It?
Termination of proceedings means an immigration judge has agreed to close your case. This typically happens when the government agrees to not deport someone. The reasons for terminating the case can be different, like if there are humanitarian reasons, your situation changes, or you qualify for help or protection outside of immigration court. To terminate a case, you can ask the judge to do it by saying that the government’s reasons for making you leave are wrong or not done correctly.
When proceedings are terminated, the government retains the option to reopen the case in the future if warranted by new evidence or changed circumstances. Importantly, termination your case provides a temporary reprieve from removal proceedings and allows the individual to remain in the country. However, if you close your case, you could be left without a lawful immigration status. The key point here is that if you have been offered a termination of proceedings and you accept the termination, then you are safe from being deported today. It does not stop the government from reopening this case later to try and deport you again.
If you feel that you have a strong case, it’s important to talk to an attorney to oppose the termination so that you can have your day in court. This can apply to people who have a strong asylum case and wish to fight it in court, which can lead to permanent residency. Another example is someone who is applying for “cancellation of removal,” commonly referred to as “the ten year law,” because they have a family member with legal status (like a sick parent or child) who needs your help in the USA.
Dismissal of Proceedings: How is it Different from Termination and Administrative Closure?
Dismissal occurs when an immigration judge decides to terminate the proceedings against an individual permanently. This means the government will not reopen your case Dismissal can happen for different reasons, like if the government can’t prove its case, there’s a problem with the court’s authority, or your rights weren’t respected. Your attorney can begin this process by filing a “motion to dismiss.” This motion is accomplished through a process called prosecutorial discretion. Prosecutorial Discretion gives government prosecutors choice to not pursue a case of deportation. Today, government prosecutors are agreeing to dismissal when the Applicant has no negative criminal history and either entered the USA before November 01, 2020, or has a family member (like a parent, spouse, child or sibling) with legal status.
When an immigration case is dismissed, the Applicant is relieved from the threat of deportation and may be eligible to gain legal status another way. For instance, they may be eligible to apply for residency, asylum, or other forms of relief available under the immigration laws.
What is Administrative Closure of Proceedings? Administrative closure refers to a decision made by an immigration judge to put your immigration case on pause. Administrative closure is different from termination or dismissal because it doesn’t bring a final end to the case.
Instead, it allows the court to temporarily pause the court hearings while waiting for other types of applications to be resolved. For example, if you have a family petition approved, but need to file a waiver and consular process for a green card, a judge will be willing to administratively close your case until your waiver is approved. Basically, your case is still active, but future hearings are paused. The case can be reopened in the future, if necessary, either at by the government or the individual.
Termination, dismissal, and administrative closure all mean the end of immigration proceedings, but they have different meanings. Termination is a temporary break, dismissal ends the case for good, and administrative closure puts the proceedings on hold until some conditions are met.
Dealing with immigration issues can be confusing, so it’s important to get help from a skilled immigration lawyer. They can explain these outcomes in detail and help you find the best solution and any opportunities for help or benefits in your case.
If you don’t know if you have an immigration case open with the court, use the link below to check! Just input your Alien Number.
