Motion Judge Removal Order With Motion To Dismiss
Description
How to fill out Motion For Recusal Of Judge - Removal?
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FAQ
Hear this out loud PauseAbout Joint Motions to Reopen If you have a final order of removal for more than 90 days and become eligible for a green card, but for your removal order, then there is a special procedure for reopening your case to apply for a green card before the Immigration Judge. This is called a joint motion to reopen.
Hear this out loud PauseA ?Motion to Terminate? asks a court to dismiss a case and alleges that the government's charges are substantively or procedurally defective. This type of motion may be filed as soon as the government files a ?Notice to Appear? initiating removal proceeding with the immigration court.
The prosecution invokes nol prosequi or dismissal when it has decided to discontinue a prosecution or part of it. Lawyers and judges refer to the charges ?nol prossed? or dismissed.
Hear this out loud PauseMotions to terminate can be based on several different grounds, including an improperly served notice to appear (NTA); a misstatement of facts in the NTA or other incongruity between the facts and the charge; eligibility for an immigration benefit or naturalization; or a legally deficient charge from DHS.
Hear this out loud PauseThe court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte (voluntarily). ing to the Federal Rules of Civil Procedure (FRCP) 41(a), a plaintiff may also voluntarily dismiss an action by choosing to drop the case or by reaching an out of court settlement with the defendant.