La Migra

Erasing an Order of Removal

The obstacle blocking most immigrants’ road to relief is a prior order of removal by an immigration judge (IJ). The order keeps clients in removal proceedings and does not allow movement forward. The IJ may have ordered removal in the following instances:

• After an individual hearing on the merits of the applicant’s claim
• Upon a finding that the Department of Homeland Security has established “removability” by clear and convincing evidence
• Failure to file a petition for relief by the scheduling deadline resulting in the IJ finding abandonment of claim
• Failure to depart according to terms of voluntary departure

In all these cases, the immigrant must first file a motion to reopen removal proceedings to do any of the following:

• Rescind the previous order
• Reopen removal proceedings
• Proceed on another application
• Terminate proceedings to pursue other relief.

One common example is relief for adjustment of status based on an approved family or employment-based petition (Form I-130 or I-140). In these cases, adjustment can only take place with the U.S. Citizenship and Immigration Service (USCIS) after rescission of a prior removal order and termination before the IJ. Otherwise, USCIS will deny the application, finding the IJ retained jurisdiction over the case.

For help with a prior removal order, contact us below.