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DAP Forums > DREAM Act > The Lounge

Removal order Motion to Reopen - Page 2

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#11
02-21-2023, 02:58 PM
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lachupacabra
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Quote:
Originally Posted by Demise View Post
You are absolutely sure this is not an in absentia order?
I did not attend and the judge ordered me to leave. Is that an absentia order?
My new lawyer said he is going to make the argument that a child has reasonable cause for not attending their hearing if a parent fails to take them to court.
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DACA from 2012-2026
- I-130: Sent 9/2020 => Approved 2/2022
- AP: sent 10/2022 => paroled 6/2023
-AOS with 212 Waiver: Sent 7/2023, 5-year EAD expiring in 2029
- Absentia removal order rescinded: Nov 2023, Dismissed: October 2024
Last edited by lachupacabra; 02-21-2023 at 03:05 PM..
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#12
02-21-2023, 07:20 PM
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Quote:
Originally Posted by lachupacabra View Post
I did not attend and the judge ordered me to leave. Is that an absentia order?
My new lawyer said he is going to make the argument that a child has reasonable cause for not attending their hearing if a parent fails to take them to court.
Yeah that's an in-absentia order. That comes with an extra 5 year bar, only way to get rid of it is to get the proceedings reopened.

So in this case I-212 is a route to nowhere.
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#13
02-22-2023, 10:24 AM
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Quote:
Originally Posted by Demise View Post
Yeah that's an in-absentia order. That comes with an extra 5-year bar, the only way to get rid of it is to get the proceedings reopened.

So in this case I-212 is a route to nowhere.
Thanks, I was planning on doing both routes
__________________
DACA from 2012-2026
- I-130: Sent 9/2020 => Approved 2/2022
- AP: sent 10/2022 => paroled 6/2023
-AOS with 212 Waiver: Sent 7/2023, 5-year EAD expiring in 2029
- Absentia removal order rescinded: Nov 2023, Dismissed: October 2024
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#14
02-24-2023, 05:41 PM
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Imthexman
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Quote:
Originally Posted by Demise View Post
You are absolutely sure this is not an in absentia order?
I would also add that your location makes a huge difference, in Cali Judges are dismissing removal orders due to lack of date & time in your NTA (niz-chavez & pereira) but good luck trying that in Chicago even at the circuit level.
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#15
07-25-2023, 11:48 AM
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Update: ICE agreed to join our motion!

Here is our plan now that we have ICE on board:

1. File the Motion to Reopen.
2. The Judge will reopen the matter and schedule for a hearing.
3. File adjustment of status application I-485.
4. Attend hearing before the Judge and ask that the case be terminated.
5. Wait for USCIS to adjudicate I-485.

Our attorney said that likely our hearings will be virtual.

This may be THE BEST time for a JMTR. I would highly recommend anyone with a a final order to discuss options with a lawyer.
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Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#16
07-25-2023, 06:30 PM
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Quote:
Originally Posted by anitagreencard View Post
Update: ICE agreed to join our motion!

Here is our plan now that we have ICE on board:

1. File the Motion to Reopen.
2. The Judge will reopen the matter and schedule for a hearing.
3. File adjustment of status application I-485.
4. Attend hearing before the Judge and ask that the case be terminated.
5. Wait for USCIS to adjudicate I-485.

Our attorney said that likely our hearings will be virtual.

This may be THE BEST time for a JMTR. I would highly recommend anyone with a a final order to discuss options with a lawyer.
Awesome news! I just was approved for my combo card (EAD/AP) through AOS. Now just waiting for my PD to become current.
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2nd Renewal: 10/12/16
3rd Renewal: 5/16/2018
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#17
07-27-2023, 04:54 AM
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I believe strongly everyone with orders should take advantage of this.

Dependent on location, it can take a very short time.
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#18
07-27-2023, 04:58 AM
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Quote:
Originally Posted by Demise View Post
...and returned the ability to administratively close removal proceedings in Matter of Coronado.

Basically, idk if they will give you a straight up termination....


Judges CAN give straight up termination orders if you have an approved I-130 and have simply removal proceedings
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#19
07-27-2023, 04:47 PM
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Quote:
Originally Posted by Ianus View Post
Judges CAN give straight up termination orders if you have an approved I-130 and have simply removal proceedings
You do need an underlying reason, and an approved I-130 when you can AOS would be good enough. My own experience for when I wanted one back in early 2018 for an I-601A they only gave me an admin closure.
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#20
12-14-2023, 04:23 PM
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Update:

Motion to reopen was granted, and the removal order was rescinded due to no date or time on the Notice to Appear notice.
I've been scheduled for an in-person hearing in Texas in the Fall of 2024. My lawyer will try to terminate the removal proceedings before the hearing so we do not need to go.
__________________
DACA from 2012-2026
- I-130: Sent 9/2020 => Approved 2/2022
- AP: sent 10/2022 => paroled 6/2023
-AOS with 212 Waiver: Sent 7/2023, 5-year EAD expiring in 2029
- Absentia removal order rescinded: Nov 2023, Dismissed: October 2024
Last edited by lachupacabra; 12-19-2023 at 04:25 PM..
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