TERMINATION OF REMOVAL PROCEEDINGS
When you or your loved one is placed in removal proceedings, the Department of Homeland Security serves a Notice to Appear (i.e. NTA). This NTA will contain factual allegations and legal conclusions concerning you or your loved one’s inadmissibility or deportability (i.e. why the United States government believes you or your loved one should be deported from the country). It is important to keep in mind that these factual allegations are not actual evidence and the legal conclusions are not binding on the immigration judge. The Department of Homeland Security must be able to make a preliminary showing that assuming the factual allegations are true in the Notice to Appear, you are inadmissible or deportable as charged.
Motions to terminate have increasingly become valuable tools to challenge your deportation from the United States. Unfortunately, the Department of Homeland Security can allege facts that are not accurate or lodge charges against you or your loved one that simply are not supported by the facts. Some reasons to seek termination of you or your loved one’s removal proceedings, include:
- You are a United States citizen;
- You were not properly served with the Notice to Appear (i.e. NTA);
- The Department of Homeland Security has failed to prove you are a foreign national;
- The Notice to Appear (i.e. NTA) fails to allege sufficient facts to establish you are inadmissible or deportable as charged even if all the allegations are true; and
- You were improperly charged with removal, because the allegations in the NTA do support all elements of the ground under which the Department of Homeland Security seeks to remove you.