Motion to Terminate Removal Proceedings Based on Approved I-130 Petition
, Esq.
Law Office of , P.A.
St. Petersburg, FL 33713
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
ORLANDO, FLORIDA
______
)
In the Matter of: )
) File No.:
, ) A:
)
In Removal Proceedings. )
______)
Honorable Daniel Lippman Next Hearing: None Docketed.
MOTION TO TERMINATE REMOVAL PROCEEDINGS
BASED ON APPROVED I-130 PETITION
The Respondent, through undersigned counsel, respectfully requests that this Honorable Court terminate his pending removal proceedings, and remand the case to the U.S. Citizenship & Immigration Services (USCIS) Tampa District Office, as the Respondent is the beneficiary of an approved I-130 Petition for Alien Relative, and remanding the case to USCIS for adjustment of status will not place any further burdens on this Honorable Court’s docket and resources. As per the Immigration Court Practice Manual Chapter 5.10(v) (April 1, 2008), and in support of this motion, Respondent shows unto this Honorable Court as follows:
1. The Respondent, through undersigned counsel, hereby admits to the factual allegations, and concedes to the removability charge, found in the instant Notice to Appear (NTA) filed on October 10, 2005.
2. However, the Respondent is eligible for relief through Adjustment of Status under section 245 of the Act, as an immediate relative of a U.S. Citizen given that:
· The Respondent was lawfully admitted into the United States on October 2, 2002, NTA at allegation #3;
· The Respondent is the beneficiary of an approved I-130 Petition for Alien Relative, on the basis of his marriage to a United States citizen, Mrs. , a copy of the USCIS’ I-130 approval notice is included herein.
· The Respondent has complied with the required filing fees for his I-485 application to adjust status, evidence of which is included herein as well.
· There are no grounds of inadmissibility that apply to the Respondent that would bar his ability to adjust status.
FOR THESE REASONS, the Respondent respectfully moves this Honorable Court to terminate his removal proceedings so that he may pursue his application for adjustment of status with the U.S. Citizenship & Immigration Services, thereby relieving this Court of having to expend further time and resources on this matter.
RESPECTFULLY submitted on June 4, 2013.
______
, Esq.
Florida Bar #
LAW OFFICE OF ______, P.A.
St. Petersburg, Florida 33713
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Motion was served by U.S. Certified Mail, to the Office of the Chief Counsel, Department of Homeland Security, Immigration and Customs Enforcement, at 80 N. Hughey Avenue, Suite 310, Orlando, Florida 32801, on June 4, 201312.
______
, Esq.
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
ORLANDO, FLORIDA
______
)
In the Matter of: )
) File No.:
, ) A:
)
In Removal Proceedings. )
______)
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of the Respondent’s Motion to Terminate, it is HEREBY ORDERED that the motion be [ ] GRANTED [ ] DENIED because:
[ ] DHS does not oppose the motion.
[ ] The respondent does not oppose the motion.
[ ] A response to the motion has not been filed with the court.
[ ] Good cause has been established for the motion.
[ ] The court agrees with the reasons stated in the opposition to the motion.
[ ] The motion is untimely per ______.
[ ] Other:______.
Deadlines:
[ ] The application(s) for relief must be filed by ______.
[ ] The respondent must comply with DHS biometrics instructions by ______.
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Date Hon. XXXX XXXXXX
Immigration Judge
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Certificate of Service
This document was served by: [ ] Mail [ ] Personal Service
To:[ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Attorney [ ] DHS
Date:______By: Court Staff______
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