removal order and DACA
 

Anyone here have DACA who also have removal order? I'm trying to figure out what the best way to go about termination of removal.
Also if your removal order is 10 years old - is it expired? Or is there any extra benefit?

Re: removal order and DACA
 

My removal order was administratively closed because of my approved DACA.

Re: removal order and DACA
 

Where are you guys located? How did you go about reopening to terminate, did you have to hire a lawyer? Do they file a motion to reopen or just contact local DHS counsel to joint the motion to reopen an terminate?

Re: removal order and DACA
 

Hi Migz
That's great news! I need to also have that done. Is there a reason they choose administratively closed vs termination of removal? What was the process / paperwork involved? Cost? Did you have to go to court?

Also I heard in other fourms that DACA is not a reason alone to cancel removal. Did you have anything else going for you besides DACA?

Many many thanks for sharing your experience!!!!

Re: removal order and DACA
 

Ohhh man that just put a smile of my face.. please do share details if possible.
I need to have this closed to be able to use AP for work... Thanks :)

Re: removal order and DACA
 

I asked this question before. Pretty much you'd need to have the proceedings reopened (most likely jointly by asking ICE to consent), and then have them administratively closed or terminated. Problem being that with no legalization pathway they likely wouldn't bother.

There were people who had their proceedings closed or terminated due to DACA, but that's because DACA happened while they were in proceedings. With a final order you'll need to seek reopening, and as I said, you likely won't get it unless you can fix your status somehow.

Final order of removal DOES NOT expire, ever. Either it needs to be vacated by reopening the proceedings, or executed by you being deported or leaving, it won't ever go alone on its own.
There's this really horrible 10 year meme floating around due to incompetent notarios and equally incompetent people. This thing has two possible roots that I can trace:
1) Voluntary departure. If you were given voluntary departure and you didn't leave then that turned into a final order of removal which you are unable to do anything about for 10 years. After 10 years you can seek reopening granted that you have some basis for it.
2) Cancellation of removal for unlawfully present. This is a thing which requires you to have been physically present in US for 10 years (atop of other things like having a citizen relative who'd suffer "extreme and unusual hardship"), counting from the day you arrived, to the date you received a Notice to Appear before an immigration court. Now, big problem here: if you have an order of removal that means that the clock stopped for you a while ago.


Administrative closure is simply easier. Administrative closure means that there's still proceedings pending against you, but you do not have a final order, nor are they actively trying to remove you. The case pretty much acts like someone pressed a pause button on it. The case can be unpaused at any moment at the request of either side.

Termination of proceedings means the entire case is dismissed. In order for them to try to remove you again, ICE needs to file everything from beginning.

Generally what most lawyers would do is the following, let's say you marry a US citizen after illegal entry.

Your spouse files I-130.
Lawyer tries to get joint reopening with ICE.
Old order goes away, case is once again pending.
Lawyer tries to get administrative closure on your case, since you have a legalization avenue pending and will either try parole or the provisional hardship waiver, and need the proceedings out of the way.
Your case is administratively closed.
You get advance parole.
You travel on parole and return.
Lawyer asks for the case to be put back on the calendar.
Lawyer asks for termination since you have an approved I-130, and are eligible for AOS.
Your case gets terminated.
You file I-485.
You undergo adjustment of status.

Some of these points may not be in exact order, but that's the general idea. To get termination you need to be on the last stretch before the finish line.

Re: removal order and DACA
 

My parents were never honest with me about my status but according to them I have never had a removal order. I was approved for DACA and renewed without a problem. I want to travel with AP but how can I know if I have ever had a removal order? I'm sorry I know this is a dumb question but I hope someone can help me. I have searched it online but it says you can check with a ssn and I never had one before DACA.

Re: removal order and DACA
 

Contact an immigration attorney. The first thing they would do is called with your Alien number and find out your status.

Most of the ones i have visited dont charge for the first interview and do that at no charge.

Re: removal order and DACA
 

Do a FOIA for all 3 agencies. Its free and easy.

Form G639 and send them to CBP, USCIS and ICE * (do a quick google search for the address on all the agencies) send them and in 4-6 months you will get a CD in the mail which contains anything those agencies have in their system for you, which would include a removal order if it exist.


*I may have posted the addresses in an earlier thread

Re: removal order and DACA
 

There was a number you could call and you put in your alien number (same as the A-number on your EAD card). Unfortunately I can't find it right now.