EFTA01128530.pdf

JIM STOLLEY Acting Chief Counsel Assistant Chief Counsel U.S. Immigration and Customs Enforcement U.S. Department of Homeland Security 26 Federal Plaza, Rm1130 New York, NY 10278 (212)264-5916 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT NEW YORK, NEW YORK ) ) In the Matter of \I -A( \V\ C\ File No.: A '2_OO- \ -16- -nS \\Q\ \ ) ) InggICaponation Proceedings ) Immigration Judge . Next Hearing Dale: \Q I -1: -.44 Val JOINT MOTION TO DISMISS WITHOUT PREJUDICE EFTA01128530  UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT NEW YORK, NEW YORK In the Matter of ) ) File No.: (j . -SC\,S mor, , v,4 \km\ ) A 100 — ) In trova eportation Proceedings ) JOINT MOTION TO DISMISS WITHOUT PREJUDICE The U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Department), and the respondent, by and through their respective undersigned counsel, jointly move the Immigration Judge to dismiss the instant proceedings in the above- captioned case to allow the respondent to pursue his/her application(s) for adjustment of status before U.S. Citizenship and Immigration Services (USCIS). The panics agree that any dismissal or termination pursuant to this motion is without prejudice and does not constitute a final judgment rendered on the merits of any issue in these proceedings. Should USCIS deny the visa petition on the basis of which the respondent is seeking adjustment of status, or should USCIS determine either that the respondent is ineligible for adjustment of status, or that the respondent should he denied adjustment for any reason, the respondent understands and agrees that the Department may seek to commence removal proceedings anew. See generally 8 C.F.R. § 1239.2(c) (providing that dismissal "shall he without prejudice to the alien or the Department of I lomeland Security-1 EFTA01128531  The respondent acknowledges his/her obligation to notify the USCIS in writing of each change of address and new address within ten days from the date of such change pursuant to section 265 of the Immigration and Nationality Act. Based upon the forgoing, the parties request that the Immigration Judge grant this joint motion to dismiss without prejudice. Attached, for the Immigration Judge's convenience is a proposed order relating to this motion. Respectfully submitted, Dated: U.S. Immigration and Customs Enforcement U.S. Department of Homeland Security 26 Federal Plaza, Ftrn1130 New York, NY 10278 212-264-5916 Dated: Oqf 2 1- / 2-O I LI / Attorney for the respondent 3 EFTA01128532  UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT NEW YORK, NEW YORK In the Matter of: ( -3 \ V--„C\ File No.: A -.LC) - 116 ORDER OF THE IMMIGRATION JUDGE Upon consideration of the Joint Motion to Dismiss without Prejudice. the Court states the following: I. The panics have agreed to the dismissal of the instant proceedings without prejudice so as to permit the respondent to pursue adjustment of status before U.S. Citizenship and Immigration Services. U.S. Department of Homeland Security. 2. Other: THEREFORE. it is HEREBY ORDERED that the motion be: I J GRANTED. Good cause has been established for this motion.notThese proceedings arc constitute a final judgment hereby terminated without prejudice. This termination order does rendered on the merits of these proceedings. DENIED. Date: Immigration Certificate of Service This document was served by: ❑ Mail ❑ Personal Service To: ❑ Alien ❑ Alien c/o Custodial Officer ❑ Alien's Atty/Rep ❑ DRS Date: By: Court Staff EFTA01128533