Mississippi Motion To Dismiss Without Prejudice Immigration

State:
Mississippi
Control #:
MS-61549
Format:
Word; 
Rich Text
Instant download

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Dismiss, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61549

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FAQ

A motion to dismiss is when the government representative declines to pursue charges against an individual in removal proceedings. A motion to terminate is when a respondent requests to end their removal proceedings.

Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.

A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. A judge will dismiss a case with prejudice if he or she finds reason why the case should not move forward and should be permanently closed.

What Is a Motion to Terminate? A motion to terminate asks an immigration court to ?terminate? (i.e., dismiss) the charging document (known as the ?Notice to Appear? or ?NTA?) based on a showing that the charges are defective.

?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

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Mississippi Motion To Dismiss Without Prejudice Immigration