What is the Difference Between Dismissed and Terminated Removal Proceedings?

U.S. immigration judges conduct removal hearings to determine if a non-U.S. citizen may remain in the United States. A removal proceeding that has been terminated can be re-opened or refiled, and termination offers only temporary relief from potential deportation. If a removal proceeding is dismissed, that dismissal is generally permanent and cannot be reopened or renewed.

If you are scheduled to appear at a removal hearing, a Florida immigration appeals attorney from the Bassey Immigration Law Center in Tampa can help you improve your chances of having the removal petition dismissed, which will better allow you to seek permanent residency in the United States.

With more than 20 years of experience in challenging removals and other adverse immigration matters, we use the full force of our knowledge and experience to benefit non-citizens who want an opportunity to pursue a life in the United States.

What might justify termination of a removal proceeding?

Either the U.S. government or a petitioner can move to terminate removal proceedings. Some of the common reasons for termination include:

• Humanitarian concerns, for example, that the petitioner is receiving critical medical care in the United States.
• The petitioner’s circumstances or the reasons for seeking removal have changed.
• The petitioner has become eligible for temporary resident status, for example, through employment or a change in family status.

The reasons for terminating removal proceedings can change, even after an immigration judge grants a motion for termination. If that happens, the government can review the case and elect to begin new removal proceedings based on a non-U.S. citizen’s new situation.

When might a removal proceeding be dismissed?

An immigration judge might dismiss the U.S. government’s removal efforts upon determining, for example, that the government did not prove the necessary facts to warrant the removal of the non-U.S. citizen or violated that person’s rights to receive fair treatment and due process.

During the past several years, immigration judges have also dismissed tens of thousands of deportation cases for lack of jurisdiction because the government failed to file the necessary “Notice to Appear” with the removal court before the hearing date.

A knowledgeable attorney for immigration appeals in FL will carefully review the details of removal proceedings for these and other shortcomings and errors to determine if dismissal is warranted. Once a removal case is dismissed with prejudice, the government cannot refile it, and as a result, the petitioner will have a much better opportunity to seek permanent U.S. residency.

Call the Bassey Immigration Law Center for Representation in Removal Proceedings

Removal proceedings can lead to deportation orders. When you are represented by a Florida immigration appeal lawyer from the Bassey Immigration Law Center, we will fight aggressively to prevent your risk of deportation and to get those proceedings dismissed to prevent immigration officers from seeking your removal again.

Please call our offices in Tampa, Florida, for a confidential conference with one of our immigration attorneys. We will provide straightforward answers to your questions and determine how your case can be managed to prevent your removal from the United States.