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