What will happen if the judge handling my removal case retired? 4 Answers as of April 01, 2011

I am currently in removal proceedings. My 3rd master calendar is scheduled for June but the judge handling my case has retired. Which of the following is best for me, since I now have an approved VAWA?1. File a motion to terminate or administratively close my case and file I-485 with USCIS (How long does it take to get a response after filing the motion to terminate the proceedings?)OR2. File for adjustment with the Immigration Court. Thank you very much.

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
This depends on the Immigration judge as he has jurisdiction over your matter. If he agrees to terminate the matter then you adjust with the service center or he can adjudicate your I-485 petition.
Answer Applies to: Florida
Replied: 4/1/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
What is best for you depends on many factors, including how long before your case is assigned to a new judge and how long before you get a merits or individual hearing. Since it may take a while given the judge retired, it might be better to contact the Office of the District Counsel to see if they are willing to file a joint motion to terminate. They must join in the request to terminate since the court cannot terminate it on their own merely because you have approved VAWA petition.
Answer Applies to: California
Replied: 4/1/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
This is questionf for your lawyer. A lot of factors have to be weighed in. Since you are in deportation procedure again, any argument you failed to make may cause you a green card. Talk to your lawyer!
Answer Applies to: Florida
Replied: 4/1/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
Immigration litigation is too complicated for a board like this. You're best off to hire a lawyer and heed the professional legal advice.
Answer Applies to: Washington
Replied: 3/30/2011
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