David R
Oct 26, 2022
Prosecutorial Discretion(PD) request timeline at Miami DHS ICE OPLA office
My attorney submitted PD request at Miami OPLA office on September 23 via e-service . We got confirmation of receipt . Has anyone been through that process in Miami ,and knows how long it normally takes for ICE to join motion to dismiss ?
#ice #opla #dhs #prosecutorial #pd #motion #miami
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peace loveOct 27, 2022
Hi David, I’m on the same position! I send it nov 11. I’ve been reading and normally takes around 2 months. Let’s hope before 🙏
Jav FOct 27, 2022
it took 45 days for me , waiting in judge to sign it .
David ROct 27, 2022
@peace love so it has been almost a year ? did you try calling them or email ?
David ROct 27, 2022
@Jav F wow sounds good ! are you in Miami as well or contacted Miami ice dhs ?
Jav FOct 27, 2022
maryland .
peace loveOct 27, 2022
@david R I am sorry! I send it octubre 11 this year! 2022. litle more than 2 weeks. Miami also!. if anything I’ll let u know!
David ROct 27, 2022
@peace love thanks ! let’s keep each other updated
peace loveOct 27, 2022
@david R sure, I will!
peace loveNov 1, 2022
hi @david R anything on your case??.
David RNov 1, 2022
@peace love I told my lawyer to reach out to them last week for status update , they told her it has not been assigned to an attorney yet . they said to check again 2-3 weeks . so in 2 weeks my lawyer will make sure to reach out again
David RNov 1, 2022
i am also planning on reaching out to congress man to help out , so they can speed it up , some people have to wait like 6 months or more . hopefully that’s not our case
peace loveNov 2, 2022
@david R wow 😢 ok, let me know anything!
question your have order of removal because of what?. my case was asylum denied and then I appealed with the BIA.
David RNov 2, 2022
@peace love lol very similar to yours . i was a kid when my mom applied for asylum denied then she appealed to bia(denied again) , then we got final order of removal . i was 12 at the time . i am on tps and want to adjust status with USCIS , but the final order of removal I need to get rid of . My mom in 2015 was able to adjust somehow but I have not been able to .
peace loveNov 2, 2022
@david R and you send your appeal to BIA??. if you want give me your email.
David RNov 3, 2022
yes it was sent to the bia , it was denied as well . looking forward your email .
peace loveNov 3, 2022
@David R u can delete your email now
A CNov 15, 2022
anyone is Boston?
David RNov 29, 2022
The Ice attorney has agree to reopen and dismiss . They approved the Prosecutorial discretion!!! i had congress person reach out so I guess that helped !! so freaking happy
God BlessNov 29, 2022
@ David R, that's awesome. congratulations 🎉
The WandererNov 29, 2022
Congrats David
David RNov 29, 2022
@God Bless and @The wanderer # thanks guys ! I appreciate it . one step
close to the goal . my lawyer plans to send it to the judge this week . also sending my adjustment this week as well . Looking forward to the year 2023!!
The WandererDec 6, 2022
Has the judge signed the motion yet ?
David RDec 6, 2022
@The wanderer no not yet . the dhs lawyers said they sent it to BIA last week T
Tuesday , based on the information I got from my lawyer and congressperson . but I keep calling the BIA clerk office but they keep saying it’s not there yet . I am thinking they have not received it yet
The WandererDec 7, 2022
Thank you for the update, David R. I hope you get the proceedings terminated very soon.
David RDec 7, 2022
Thanks a lot ! what’s up with you ? are you still in the process ? if so which part are u on ?
The WandererDec 7, 2022
Yes, I am in court proceedings. I filed for prosecutorial discretion and still waiting to hear from them. I will keep the post updated whenever I do.
A CDec 7, 2022
guys just an FYI, you can directly terminate proceedings at court instead of waiting for the prosecutorial discretion. I did that and my proceedings was terminated by the judge. Next step is I485, I’m waiting for my medicals and will submit bu Friday
Jav FDec 7, 2022
@ A C , are you Inter filling or did you received the RFE ?
A CDec 7, 2022
filing I485 for the first time after I-130 got approved 4 months ago and removal terminated at court
A CDec 7, 2022
not sure how long the wait will be, but I finally feel so much lighter
The WandererDec 7, 2022
How long did it take for the court to dismiss the case ?
The WandererDec 7, 2022
Congrats on the dismissal
A CDec 8, 2022
2 weeks
Nicole TDec 8, 2022
@DavidR
Which district Congressman did you call? I've been waiting a long time and still haven't heard anything.
David RDec 9, 2022
@Nicole T I called the one where I live . I live in Seattle so i called the one in my district . Washington 7th confressional district . why precisely ? lol
Kiki RikiJan 6, 2023
Hello dear Community
I have a question regarding PD and termination of removal proceedings....
I have been married since 2018, I got NTA in January 2019( asylum referred to Immigration Court)...
Due to COVID , my Master Calendar Hearing was rescheduled twice for July 2023...
However; since birocracies in my country of birth combined with COVID restrictions, I was not able to file I-130, because I couldn't obtain my birth certificate....
Now I finally got it, and I want to file I -130 in February....
My question is, does someone have any knowledge or information on requesting a PD(prosecutorial discretion) before I file I-130 , so I can terminate the case or at least administratively close, so I can file the whole AOS package together concurrently....
My lawyer is not very supportive, she insists that I have to file I -130 first, and even in that case the ICE attorney might not agree to terminate, (cause my I-130 will be only pending, and not approved...)
But I've heard from sooo many people experiences, that these days ICE or even judges themselves are just willing to dismiss cases so they can clear the backlog....
I'm really confused and beg anyone for advice please...
Do I really need to file I -130 or I can request PD or termination with the judge first.
(Clean background and no criminal records in my history)...
Thank you all, and apologies for the long message 🙏
#PD #prosecutorialdiscretion #termination #removalproceedings #Immigrationcourt # miami
David RFeb 9, 2023
The BIA judge signed the motion on February 1st !! so thankful
hai HuangMay 24, 2023
Hi after PD request get approved, ao I have to wait for judge sign?
Sam SSep 21, 2023
@A C
"guys just an FYI, you can directly terminate proceedings at court instead of waiting for the prosecutorial discretion. I did that and my proceedings was terminated by the judge. Next step is I485, I’m waiting for my medicals and will submit bu Friday"
Could you please explain the process on how to do this?
gedeon JesusNov 27, 2023
Good evening everyone, I received a letter from the PD that my lawyer requested last year, saying: NOTICE INFORMATION SCHEDULE Endorsed is an outcry of the Immigration Judge's decision. Attached is a copy of the transcript of the recorded statement. to submit a petition to the Board of the Appealing Party is granted until 09/28/2022 sis. The bell must be RECEIVED at the Board of Directors by this date
It's been a year, when I look at my status on the eoir website, it just says: NONCITIZEN BRIEF STATUS
The non-citizen's petition was received on September 26, 2022.
BRIEF STATUS OF DHS
The briefing schedule has expired and no DHS briefing has been received.
Has anyone ever experienced this?
