Removal order Memo

https://www.ice.gov/doclib/about/off...nceApr2022.pdf
Does this mean we can ask to get our removal order dismissed ?

Having a removal myself since I was 6 years old will be my biggest obstacle to adjust my status . Any thoughts?

Not sure but great find

I'm not smart enough to know what this all means but if it was possible to remove a removal order without being completely exposed (for those without DACA) would be a godsend. The way it is now, you can ask for it to be removed, which they may grant if they see a compelling case like someone being married to a USC, etc. but then they can also say no and then you're completely screwed.

"Joining Motions to Reopen

OPLA attorneys may join motions to reopen where the purpose for reopening is to dismiss
proceedings to allow the noncitizen to proceed on an application for permanent or temporary
relief outside of immigration court or to pursue relief in immigration court that has not already been considered and for which the noncitizen is newly eligible. An OPLA attorney should be
satisfied that the noncitizen qualifies for the relief sought under law and merits relief as a matter
of discretion. Similarly, where reopening and dismissal of a case would restore a noncitizen to
LPR status and they are not an enforcement priority, OPLA attorneys should generally join
motions to reopen and dismiss in such cases."

Definitely sounds like some good guidance. My lawyer told me that she's barely seen responses for motions to reopen in the last 3 years. Hopefully this guidance moves things along.

I've read so much about removal orders in the last few years that I'm becoming an expert in the subject. If you have a removal order you could get it dismissed now with the Biden administration but you have to meet certain criteria.

-Your NTA (notice to appear) must be defective, not have the date and/or time of your hearing. Google case Niz-Chavez
-You must live in a estate that falls under the 5th or 9th circuit (California, Texas etc.) other circuits are not following this guidelines because their interpretation of the law is different

You could also file a motion to dismiss and ask the prosecutor to join you to ask the judge to get your removal order dismissed per the New Biden priority guidelines you posted but it would be a gamble, some prosecutors don't give a sht about these guidelines (specially in not immigrant friendly states) and still try to go after you in which case your will have to appeal to the BIA and subsequently to the circuit, chances or getting the BIA or the Ciruit to change a judge decision is a tall order and you'll need a kick ass lawyer that is going to charge you an arm and a leg and still not guarantee you that he is going to win your case

Honestly the best option would be to email Ice, explain your circumstances, attach exhibits, and ask if they would join a motion to dismiss. If yes draft it up, and mail it over for a counter-signature. If not then leave it alone for now.

That being said, even with a good administration you pretty much can't get a termination or dismissal without having some path to permanent status lined up.

No path for adjustment for me . No kids and unmarried.
Thanks for the reply .

What could happen if I try to open and get denied ? I have daca so wouldn’t I be protected from deportation?

You can ask ICE, if they say no then nothing happens.

If you actually file a motion to reopen with the court then you only get 1 shot, any further attempts would have to involve appeals to the BIA or getting ICE to join you.


Anyways, I send an email to ICE to get my proceedings dismissed (currently admin closed) on the account that I have an approved I-360. I'll let you all know what they say.

Awesome post. Is there a place people on here with final orders can chat? Just getting started on the process now after all these years.