[// GUIDANCE: This template is designed for use before the Executive Office for Immigration Review (EOIR), Immigration Court. It assumes U.S. federal immigration law applies and that no state-specific rules alter the analysis. All bracketed text must be completed or deleted prior to filing. Citations provided are limited to well-established statutory and regulatory authorities, per the governing citation policy.]
TABLE OF CONTENTS
- Caption & Document Header
- Definitions (Optional)
- Introduction & Relief Requested
- Procedural History / Statement of Facts
- Legal Standard
- Argument
6.1 DHS Has Not Met Its Burden to Establish Removability
6.2 The Notice to Appear Is Statutorily Defective
6.3 Termination Is Warranted in the Interests of Justice
6.4 Alternative Discretionary Grounds for Dismissal - Prayer for Relief
- Stay of Removal Request (If Applicable)
- Signature Block
- Certificate of Service
- Proposed Order (Optional)
1. CAPTION & DOCUMENT HEADER
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT [CITY, STATE]
In the Matter of:
[RESPONDENT FULL LEGAL NAME],
Respondent. )
) File No.: [A-NUMBER]
)
) MOTION TO TERMINATE
) REMOVAL PROCEEDINGS
) [AND REQUEST FOR STAY OF REMOVAL]
Effective Date of Motion: [DATE]
2. DEFINITIONS (Optional)
[// GUIDANCE: Include only if terms are used repeatedly and precision is necessary.]
* “DHS” means the U.S. Department of Homeland Security.
“IJ” means the Immigration Judge presiding over these proceedings.
“NTA” means the Notice to Appear issued under INA § 239(a), 8 U.S.C. § 1229(a).
3. INTRODUCTION & RELIEF REQUESTED
- Pursuant to 8 C.F.R. § 1003.10(b) and INA § 240, Respondent respectfully moves the Court to TERMINATE the above-captioned removal proceedings.
- In the alternative, Respondent requests that the Court:
a. Dismiss the proceedings in the exercise of prosecutorial discretion; or
b. Grant any other relief the Court deems just and proper.
4. PROCEDURAL HISTORY / STATEMENT OF FACTS
- DHS served an NTA dated [DATE] alleging removability under INA § [SECTION].
- The NTA was filed with the Court on [DATE], initiating these proceedings.
- Respondent is a citizen of [COUNTRY] who entered the United States on [DATE] with [CLASS OF ADMISSION / WITHOUT INSPECTION].
- Additional factual background relevant to removability and relief is as follows:
• [FACT 1]
• [FACT 2]
• [FACT 3]
5. LEGAL STANDARD
- DHS bears the burden of establishing by clear and convincing evidence that the Respondent is removable as charged. INA § 240(c)(3)(A), 8 U.S.C. § 1229a(c)(3)(A).
- An Immigration Judge may terminate proceedings where DHS fails to sustain that burden or where termination is otherwise warranted for legal or discretionary reasons. 8 C.F.R. § 1003.10(b).
6. ARGUMENT
6.1 DHS Has Not Met Its Burden to Establish Removability
- The certified DHS file lacks sufficient, legally admissible evidence to prove Respondent’s alienage and removability.
- [Detail deficiencies, e.g., missing Form I-213, unreliable identity documents, etc.]
- Because DHS has failed to carry its burden under INA § 240(c)(3)(A), the proceedings must be terminated.
6.2 The Notice to Appear Is Statutorily Defective
- INA § 239(a)(1)(G), 8 U.S.C. § 1229(a)(1)(G), requires that an NTA specify the “time and place” of the initial hearing.
- The NTA served on Respondent omitted this statutory requirement.
- A statutorily non-compliant NTA cannot vest the Court with jurisdiction to enter a valid order of removal.
- Termination, rather than continuance, is the proper remedy to cure this defect.
6.3 Termination Is Warranted in the Interests of Justice
- Respondent is the beneficiary of an approved [I-130/I-140/Other] petition and is pursuing adjustment of status before USCIS.
- Termination will promote administrative efficiency and conserve judicial resources.
- Termination poses no prejudice to DHS, which retains authority to re-institute proceedings if warranted.
6.4 Alternative Discretionary Grounds for Dismissal
- DHS retains prosecutorial discretion to move for dismissal. Respondent has submitted a prosecutorial-discretion request on [DATE].
- Should the Court decline outright termination, Respondent respectfully requests administrative closure or dismissal without prejudice.
7. PRAYER FOR RELIEF
WHEREFORE, Respondent respectfully prays that the Court:
A. Terminate these removal proceedings;
B. In the alternative, dismiss the NTA in the exercise of prosecutorial discretion;
C. Grant any other relief that justice may require.
8. STAY OF REMOVAL REQUEST (If Applicable)
Pursuant to 8 C.F.R. § 1003.23(b)(1)(v), Respondent requests an automatic stay of removal pending adjudication of this Motion, or, in the alternative, that the Court affirmatively grant such a stay to preserve jurisdiction.
9. SIGNATURE BLOCK
Respectfully submitted,
_________ Date: [DATE]
[ATTORNEY NAME], Esq.
[LAW FIRM / ORGANIZATION]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Respondent
[// GUIDANCE: Insert EOIR-28 (Notice of Appearance) on blue-back if not already on file.]
10. CERTIFICATE OF SERVICE
I, [ATTORNEY NAME], certify that on [DATE] I served a true and correct copy of the foregoing Motion to Terminate Removal Proceedings on the Department of Homeland Security by:
☐ Hand delivery at the Immigration Court, OR
☐ First-class mail to: Office of Chief Counsel, DHS/ICE
[ADDRESS]
[ATTORNEY NAME]
11. PROPOSED ORDER (Optional)
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT [CITY, STATE]
In the Matter of:
[RESPONDENT NAME], ) File No.: [A-NUMBER]
)
) ORDER
_________)
Upon consideration of Respondent’s Motion to Terminate Removal Proceedings, it is hereby:
ORDERED that the Motion is GRANTED; and
FURTHER ORDERED that these proceedings are TERMINATED without prejudice.
SO ORDERED.
Dated: ___ ____
Immigration Judge
END OF TEMPLATE
[// GUIDANCE: Remember to attach all supporting exhibits (e.g., NTA copy, approved petitions, identity documents) tabbed and indexed in accordance with the Immigration Court Practice Manual §§ 3.3 & 4.5. Verify local standing orders for additional formatting or filing requirements.]