Hot Springs National Park, AR asked in Immigration Law for Arkansas

Q: Unopposed Motion to Administratively Close Proceedings what is that means? is it good thing or bad?

what is the plus and minus about this decision?

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1 Lawyer Answer
Christina Marie Turovskiy
Christina Marie Turovskiy
Answered
  • Immigration Law Lawyer
  • Cleveland, OH

A: First, this is not a "decision." This means the government does not oppose a motion filed on your behalf to administratively close your removal proceedings. You are not a top priority for deportation at the moment based on your specific circumstances. It sounds as though you have an attorney and he or she filed a motion to essentially put your case temporarily on a shelf where the government won't touch it and will not pursue removing you so as to allow you the opportunity to pursue a form of relief so as to stay here. An example of this is if you have a US citizens spouse who will petition for you -- the judge may administratively close your case until a decision is made on that petition. If and when the petition is approved, you may then go back and move to recalendar and terminate removal proceedings to end the proceedings permanently. To answer your question - the plus is a big one: the government is not actively pushing to remove you from this country and is likely allowing you some type of opportunity to fight now (or maybe later when you are eligible, again depending on your circumstances) for some form of relief from removal. The minus is your case is not yet permanently terminated -- you still likely have some additional steps with which you need to complete and then you can end removal proceedings permanently. If you actually do not have an attorney or your attorney is not doing a good job of informing you of all of the above, consider reaching out to an experienced immigration attorney who can help you eventually close your removal proceedings permanently.

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