UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT LOS ANGELES, CALIFORNIA

Transcription

1 XXXXXXXXX, Esq. (SBN XXXXX Esperanza Immigrant Rights Project Catholic Charities of Los Angeles, Inc James M. Wood Blvd. Los Angeles, CA ( XX Tel. ( Fax NON DETAINED UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT LOS ANGELES, CALIFORNIA In the Matter of: NON-DETAINED XXXXXXXXXXXXXX, xxxxxxxxxxxxxx File No.: A XXX-XXX-XXX In Removal Proceedings Hon. Immigration XXXXX Next Hearing: June XX, 201XX at 8:30am MOTION TO ADMINISTRATIVELY CLOSE PROCEEDINGS

2 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT - LOS ANGELES, CALIFORNIA In the Matter of: NON-DETAINED XXXXXXXXXXXXXX, xxxxxxxxxxxxxx File No.: A XXX-XXX-XXX In Removal Proceedings Hon. Immigration XXXXX Next Hearing: June XX, 201XX at 8:30am MOTION TO ADMINISTRATIVELY CLOSE PROCEEDINGS Through counsel, Respondent, XXXXXXXXXX, moves the Immigration Judge to administratively close the instant proceedings in the above-captioned matter. Respondent applied for Asylum and Withholding of Removal on March XX, 20XX directly with U.S. Citizen and Immigration Services (USCIS in accordance with the DHS designation of both XXXXXX and XXXXXX as UACs, pursuant to Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( TVPRA. See TVPRA, Public Law at 235(d(7(C. ( An asylum officer (as defined in section 235(b(1(E shall have initial jurisdiction over any asylum application filed by an unaccompanied alien child (as defined in section 462(g of the Homeland Security Act of 2002 (6 U.S.C. 279(g, regardless of whether filed in accordance with this section or section 235(b.. (Emphasis added. Respondent s application was received and is pending as of March XX, 20XX. See Exhibit A Acknowledgement of Receipt of Application.

3 The Board of Immigration Appeals has explained that administrative closure is a procedural tool created for the convenience of the Immigration Courts. Matter of Gutierrez, 20 I&N Dec. 479, 480 (BIA This procedural tool is used to temporarily remove a case from an Immigration Judge s active calendar. Matter of Gutierrez, 20 I&N Dec. at 480. In general, administrative closure may be appropriate to await an action or event that is relevant to immigration proceedings but is outside the control of the parties or the court and may not occur for a significant or undetermined period of time. Matter of Gutierrez, 20 I&N Dec. at 479. In the instant matter, Respondent s application for Asylum and Withholding of Removal is pending with USCIS for an indefinite amount of time. Its status is outside the control of the parties and the court. As such, it is in the court s best interest that proceedings be administratively closed. Further, the government s failure to join in the motion does not serve as an absolute bar to administrative closure. In the Matter of Avestisyan, 25 I&N Dec. 688 (BIA 2012, the Board of Appeals ruled that the Immigration Judges and Board may administratively close removal proceedings, even if a party opposes, if it is otherwise appropriate under the circumstances. Further, the Board rejected the notion that DHS opposition alone is sufficient to act as an absolute bar to action in motions such as one requesting administrative closure of one s removal proceedings. Consequently, the fact that government counsel has not actively joined this motion to administratively close Respondent s proceedings in this matter does not act as an absolute bar to such a request.

4 Based upon the foregoing, Respondent requests that the Immigration Judge grant this motion to administratively close proceedings. Attached, for the Immigration Judge s convenience is a proposed order relating to this motion. Respectfully submitted, XXXXXXXXX, Esq. Esperanza Immigrant Rights Project Catholic Charities of Los Angeles, Inc James M. Wood Blvd. Los Angeles, CA Date: May XX, 20XX

5 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT - LOS ANGELES, CALIFORNIA In the Matter of: NON-DETAINED XXXXXXXXXXXXXX, xxxxxxxxxxxxxx File No.: A XXX-XXX-XXX In Removal Proceedings Hon. Immigration XXXXX Next Hearing: June XX, 201XX at 8:30am ORDER OF THE IMMIGRATION JUDGE Upon consideration of the Motion to Administratively Close Proceedings, the Court states the following: 1. The parties have agreed to administratively closure of the instant proceedings. 2. Other:. THEREFORE, it is HEREBY ORDERED that the motion be: [ ] GRANTED. These proceedings are hereby administratively closed upon the joint consent and motion of the parties. [ ] DENIED. Date: Immigration XXXXXX Certificate of Service This document was served by [ ] Mail [ ] Personal Service To: [ ] Alien [ ] Alien s Atty [ ] DHS Date: By: Court Staff

6 CERTIFICATE OF SERVICE XXXXXXXXXX A XXX-XXX-XXX I certify that I served a copy of this Motion to Administratively Close Proceedings on the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Office of the Chief Counsel, by hand delivery at 606 S. Olive Street, Los Angeles, CA XXXXXXXXX, Esq. Esperanza Immigrant Rights Project Catholic Charities of Los Angeles, Inc James M. Wood Blvd. Los Angeles, CA Dated: June XX, 20XX