Jimmy St
May 23, 2024
Motion to terminate Removal. Prosecutorial Discretion
Hello Community! I would like to have some advice from people who have been in a similar situation. My I 130 is approved, but I have a removal order issued in 2007. We filed Prosecutorial Discretion in February 2024, the ICE agreed to PD and not oppose motion to reopen. Now this motion will be going directly to the Immigration Court. How long realistically is it going to take for judge to decide and hopefully to terminate and dismiss the case so I can file I 485? Any thoughts ? I would really appreciate your input. Thank you.
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Jimmy StMay 25, 2024
mon c thank you for responding. My court is in Orlando, I've heard they are busy. When did you file second time with a new lawyer to DHS? We need to finish this year, election is coming , who knows what the new administration will bring . That's why so anxious to be done with Court. After I'm off the Court dock I can deal with I 485 through USCIS.
Jimmy StMay 26, 2024
mon c you never know . For you is the most important thing Ice attorneys to join motion right? And after the motion could be filed directly with the court. If they join motion soon you could be possible done with Court and file 485.
I'm hoping it's not going take long in your case and mine. Keep me posted.
Jimmy StMay 27, 2024
mon c why do you think Prosecutorial discretion so important and Ice attorneys to join motion? Could you just file with the court directly?
Jimmy StMay 27, 2024
mon c I get it . I've heard Boston is faster than Orlando. Orlando is a busy place , many people filing asylum .
And there is no way to track down progress, at least USCIS I was able to check or chat with Emma.
Jimmy StMay 28, 2024
mon c. Wow ! I pray we all will be out of immigration Court this year . Do you know how bad Orlando immigration Court is ? Since ice attorneys agreed to prosecutorial discretion I have one more step, but still is up to the judge to reopen the case or not .
Jimmy StMay 29, 2024
mon c I think this is your best bet. At least get the ball rolling and finish before election. You have time. Im so done with this too, just waiting from the Court now.
Jimmy StMay 30, 2024
mon c Please do! I will let you know about mine as well
keep FaithMay 31, 2024
@Jimmy St for me it took about 3 weeks. My lawyer filed the motion on April 4th 2024 and on April 25th 2024 the motion was granted by the judge. Iâm living in Seattle, Wa.
Jimmy StJun 3, 2024
mon c Just found out this morning the judge dismissed my case. So happy! I hope yours will be resolved too! Keep praying!
Tamara DJun 29, 2024
Hi @Jimmy St i have exact same case like yours, only my removal was issued in 2018:) Although it took my clumsy lawyer a whole year to properly file PD with DHS/ICE. They finally agreed to join the motion on 06/21/2024. And they also filed that motion with BIA. I am still waiting BIAâs decision. Lawyer said it shouldnât take longer than a month. As i also see yours didnât took long either. For anyone else reading this, my lawyer told me not to worry about new administration that they canât affect the process. Hope this helps anyone
Tamara DJun 29, 2024
@mon c Did your lawyer received back email from ICE that PD document are accepted? If he didnât that means that they are not working on your case and you are waiting in vain, also in 90 days application voids so you have to redoit.
Tamara DJun 29, 2024
@mon c I see! Good that you changed the lawyer! Good Luck!
mon cJun 29, 2024
@Tamara D thank you im just hoping and praying that the judge approved my motion now so I can get to go back to uscis and finally adjust my status.
Tamara DJun 30, 2024
@mon c Same my friend, same!đLet me know when judge approves it!
mon cJun 30, 2024
@Tamara D we will get the approval in Jesus name it's coming very soon....
mon cJul 3, 2024
@Tamara D so the judge wan't dhs to join in the motion first....so I guess re apply again to dhs .......
Tamara DJul 3, 2024
@mon c Wow interesting! i thought you can do it without them, i guess not. Fyi On 3/12/24 ICE/DHS finally received our request and they approved it on 06/21/24. Little over 3 months. And ypu filled in April, so they should approve it soon!
mon cJul 3, 2024
@Tamara D yea it's just so long and frustrating at times my first lawyer filed with dhs and we waiter 7 or 8 months and nothing but she didn't even try to rch out to them nor did I have proof of anything but this second lawyer filed via e service and make sure to sent proof of filing and everything he's doing but he said he Will submit to dhs and again and try so I just hope I get a different outcome this time....
Tamara DJul 3, 2024
@mon c Trust me i understand! My lawyer filed on the 3rd of October first time! So 9 monts ago! It took him several tries to figure out how to do it properly, i was beyond frustrated. I even wanted to change the lawyer but i didnât have it in me. Already changed once.
Be patient, it will happen!
Tamara DJul 4, 2024
@mon c Well that is true. Dallas for exemple doesnât do online filing/e-service filing. But Miami only do it that way. My case is in Miami.
Jimmy StJul 5, 2024
mon c Hopefully you will get your dismissal. I talked to my lawyer after and he said it was not easy to get this decision, not so much from the judge but PD from ICE. After negotiations, they agreed not to oppose the motion to reopen.
I have your lawyer know what he is doing, no room for mistake and hopefully he is done PD before many times. It cost me arm and a leg but no regrets. Money , you can make money later. Wishing you all the best. I know how difficult and frustrating this could be. Let us know your progress please
Jimmy StJul 5, 2024
Tamara D Hi ! Why your case was at BIA, not a local Immigration Court where in 2018 decision was made? Did you apply for adjustment of status already ?
Tamara DJul 24, 2024
@mon c Good news! Good luck! p.s. thx for tag otherwise i wouldnât see texts.
Tamara DJul 24, 2024
@Jimmy St Hi there. Sorry for late response, but you forgot to tag the name withâ@â infront so i never got notified.
I was in immigration detention for a month, so i applied for asylum from there. Once i had a court date with immigration judge he denied my application and i appealed at BIA. Thatâs how it had to be done, so they are handling my case again.
Tamara DJul 25, 2024
@mon c That is great news!! I knew it they will!
John WayneJul 26, 2024
@mon c Iâm in a similar situation as you as my lawyer is planning to send a joint motion to the dhs attorney at the Boston court. any advice or suggestions you can give?
John WayneJul 26, 2024
@mon c wow you went through it but Iâm glad you finally got it dismissed. Yes, thank you. My lawyer is preparing the motion and it will be sent soon hopefully I will hear back from DHS soon with good news
Jimmy StJul 31, 2024
@mon c I hope it will be turning point for you. You deserved it! Do you mind if i ask where are you originally form and how long have you been in the US?
This year is so important, election, plus PIP ( parole and place) Thousands of people will be applying for AOS based on PIP. USCIS will be overwhelmed. Its so important your case almost done! Next step is AOS! Keep us posted the developments even with USCIS with AOS. Im so happy for you @mon c. When i found out my case got dismissed it is similar to finishing your long sentence from jail. I get it.
Jimmy StJul 31, 2024
@Tamara D @mon c @John Wayne
When I talked to some people PD and reopening old removal case are very complex in terms of paperwork. Lawyers have to have fill out paperwork flawlessly. WITHOUT A HITCH! This is the key in the removal orders to be dismissed. That is why @mon c in your case your old attorney probably didn't have much experience and as the result delay or even rejection. Those cases are very complicated paperwork wise.
smooth withAug 3, 2024
@mon c @Tamara D , hi you guys. was ready and see you went thru what I'm going thru now. I have a lawyer, trying to reopen and Terminate my immigration court which is administratively close right now. how long did it take you to get that done by overall? Just to close it?
mon cAug 3, 2024
@smooth with I had and absentia removal order try with first lawyer from September 2023 to get ice to join motion nothing happen april change lawyer he resubmitted to dhs nothing happen after 3 months I then apply to the court July rejected at first then finally lawyer got them to consider it so they accept the motion within two week I saw update on eoir that I had master hearing then by next day dhs join in the motion so im still waiting on judge signature.....but depends were ur court it etc.....I am in boston court
smooth withAug 3, 2024
@mon c thanks for your feedback. judge is in FL, my case is administratively close and I have an approved i130. I'm not sure if my lawyer sent a motion to reopen and dismiss or ask the other parties to join. I hope it won't take forever.
mon cAug 3, 2024
@smooth with I don't think so I see a few people from fl hear back real quick so hopefully your in that batch just make sure ur lawyer is on it cause some of them are just there only for the money
smooth withAug 3, 2024
@mon c thanks for your kind words. they help in moments like this. where you able to track the process?
mon cAug 6, 2024
@Tamara D @Jimmy St my removal is finally gone just saw the update on the eoir website motion has been granted
Jimmy StAug 6, 2024
@mon c OMG ! Congratulations!!!! wow! what a relieve! Now you can file for AOS! You are not longer at Immigration court jurisdiction! I totally get it! Its like released from jail! Congrats again! Next step is AOS at USCIS!
Tamara DAug 6, 2024
@mon c Oh wow! That was so fast- like 2 weeks right? Congratulations!đ
I am at month and 2 weeks of wait.
Tamara DAug 6, 2024
@smooth with Hi there, for ICE to join the motion took a long time for me, but only cause my lawyer was not filing it correctly. So finally he did and i received response pretty fast. However now tha wait begins-waiting for BIA response to reopen and dismiss my case.
Tamara DAug 6, 2024
@Jimmy St True, thatâs why my case took forever. However Motion to Reopen and Dismiss was drafted and sent by ICE so i am possitive things should go well.
mon cAug 7, 2024
@Tamara D @Jimmy St yes im so happy and gratefull right now only God knows hopefully you'll get good news also @Tamara D uscis hear I come...
Tamara DAug 7, 2024
@mon c i will, eventually đ Good luck!! đđđ
Jimmy StAug 8, 2024
@mon c It should take 1-2 weeks for the letter to arrive, Your lawyer should get it and will give you a copy of it. After I 485 journey begins. YEs i totally get it to get out of EOIR before the election. Now we will be facing other challenges with I 485 , AOS. Congratulations again!
Jimmy StAug 25, 2024
@mon c I hope you are doing well. I just wanted to tell you my journey is over I got my green card 3 days ago! Wishing you all the best ! You will get it too soon!
Jimmy StAug 28, 2024
@mon c Its been a long journey! 22 years in total! Please let me know with your updates! I got my green card and I feel I`m free man..
Jimmy StSep 4, 2024
@mon c It took a week for them to cash the check and they acknowledgement receipt in 7 or 8 days. I didn't do g1145 form.
Jimmy StSep 5, 2024
@mon c are you doing it yourself? My lawyer did everything. I hope you did the medical I 693, I 864 form( affidavit) and on a new 864 form you have to select box ( yes) public charge. Used to be no, now you have to select yes and explains how much money you make and your spouse. So those questions are important. My attorney did everything, i didnt care about the money i wanted to be everything right. I got approved in 5 weeks after we filed I 485. Let me know if you have questions. I already went to Mexico in my first trip outside of US. So happy. Let me know
Jimmy StSep 8, 2024
@mon c great let me know . It should be fast. Your I 130 got approved before. I can say it is amazing crossing the border having a new status. We just went for 1 day, land crossing in Tijuana
Jimmy StSep 10, 2024
@mon c great. hopefully gets done before election. let me know please
Tamara DSep 11, 2024
@Jimmy St @mon c My removal has been terminated by the BIA on the 6thđ
Tamara DSep 11, 2024
@mon c Thank you so much!!
many singhSep 12, 2024
@jimmy st @ tamara d I have a deposition order from court in 2017 and my lawyer fie a joint motion to reopen and dismiss with ice and after 3 days ice attorney agree to dismiss my removal proceeding after he agree my lawyer file a motion to reopen and dismiss in BIA court .
after 32 days BIA grant my motion to reopen and dismiss my removal proceeding .
I have a admin closer from 9th circuit court in 2022 so yesterday my lawyer file a motion to terminate removal proceeding in 9th circuit . so hope fully he will done in this month
John WayneSep 12, 2024
hi @mon c my PD was filed online to Boston DHS last week. Any idea when I will hear back from then? Also is it a good idea to call them and check in on it?
mon cSep 12, 2024
@John Wayne I have no idea when my second lawyer file tnrough e-service we waited 3 months and didn't hear anything my first lawyer waited 7 months and nothing I ended up fiiling directly to the court in the end my lawyers say it's so backlog that u can't set a date on it
John WayneSep 12, 2024
@mon c I see. Hopefully it doesnât take too long and I hear a good response soon!
mon cSep 12, 2024
@John Wayne yea I hope so too my removal was and absentia order don't no if thats y it took as long as it did but I hope u will get it dismissed soon so you will. be able to adjust your status
Jimmy StSep 13, 2024
@Tamara D Congratulations! Now I 485 ! AOS! Wishing you fast and easy process!
mon cSep 13, 2024
@Jimmy St nothing yet just that they received application and sent receipt notice I haven't even gotten notice yet nothing abt biometrics either so I'm still keeping my finger cross
John WayneNov 25, 2024
hey @mon c been over 2 months since we sent in the joint motion but still no response. From your experience would you say filing with the court will result in a quicker response?
mon cNov 25, 2024
@John Wayne that's what I ask my lawyer to do but when he submit to court on the first time they didn't want to take the motion they court said they couldn't accept it if it wasn't a joint motion and so they rejected taking it but I dnt no exactly what my lawyer did or ask of the court and a few weeks later they said he could submit the motion and they will look at it...so give it a try and see what happens.....
John WayneNov 26, 2024
@mon c okay I will try that and hopefully things get moving. Thanks for the response!
E LDec 25, 2024
@Tamara D did you have an approved I-130? Iâm on the same boat as you were now, my removal order is from the BIA but my I-130 is still pending
John WayneJan 13, 2025
@mon c opla finally signed off on the pd. now to the bia. any idea on how long before the judge signs off on it?
John WayneFeb 1, 2025
Hi @mon c hope youâre doing well. Not sure if you have an answer to this but with an approved I-130 and awaiting BIA to sign off on PD to terminate removal, if I needed an EAD asap, would filing the I-485 before removal is terminated make sense?
John WayneFeb 1, 2025
@mon c Yea my case has been admin closed for a while but the joint motion to recalendar was sent last month. hopefully I get a response from bia soon. if not I will prob file for EAD
John WayneFeb 1, 2025
@mon c okay thank you for the advice. hope everything is going well with your case!
Tamara DMar 15, 2025
@E L sorry for late response! somehow i missed few mentions from you guys. Yes my I-130 was approved.
vawa 2023Apr 27, 2025
@Jimmy St @many singh @mon c hello everyone i got work permit and 2 prima facie but they denied my travel documents due to removal proceedings then i talk to my lawer to get terminate to dismiss asaylum she did not even try and she took administrative closed on asaylum and i applied again travel documents this time they'll approve it ? or i need to dismiss my case i am stuck if anybody can help should i joint motion te reopen my case and try to get dismiss again please let me know i waste so much time and money already @Tamara D
Tamara DMay 16, 2025
@vawa 2023 I belive joint motion to reopend and dismiss would be your best bet. That is the route i took. Having GC interview in 12 days. Good luck!
